Woodcroft-Brown v Timbercorp Securities Ltd & Ors
Disclosure Obligations for Product Disclosure Statements: Supreme Court Finds for the Defendants in Woodcroft-Brown v Timbercorp Securities Ltd & Ors Summary In a landmark decision on 1 September 2011, the Victorian Supreme Court dismissed a class action by Timbercorp investors. Justice Judd’s decision in Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2011] VSC 427, clarifies the disclosure […]
Suing Lawyers (Barristers or Solicitors) for Work Performed in Court
Suing Lawyers (Barristers or Solicitors) for Work Performed in Court The Facts The case of Sims v Chong concerned an action by the Appellant against his former legal practitioner. The Appellant retained the Respondent as his legal practitioner in a claim for damages arising from the use of a number of patents, trademarks and strategies. The Original […]
Solicitors Owe A Duty Of Care To Beneficiaries When Drafting Wills
Solicitors Owe a Duty of Care to Beneficiaries when Drafting Wills The recent decision of Calvert v Badenach handed down in the Full Court of the Supreme Court of Tasmania in 2015 highlights the requisite level of care owed by solicitors when drafting wills. It highlights that solicitors ought to be particularly careful when drafting wills which […]
Share Broker – Ordered to Pay Damages for Failure to Sell Shares as Instructed
Professional Negligence of Share Broker – Ordered to Pay Damages for Failure to Sell Shares as Instructed The case of Pankhurst v Gairdner & Co involved an action for breach of contract and professional negligence against a share broker who failed to sell shares at the stipulated price and time. The applicant sought damages for the amount […]
Pest Inspectors, Termite Damage, Professional Negligence, White Ant Reports and Building Reports
Pest Inspectors, Termite Damage, Professional Negligence, White Ant Reports and Building Reports Most purchasers of real estate in Queensland engage a pest inspector and/or a builder to carry out an inspection of the property they are interested in purchasing before settlement and as part of the conveyancing process. Those engaged owe a duty of care […]
Overpaid Tax – Damages for Loss of Use of Money in Professional Negligence Claim v. Accountants
Overpaid Tax – Damages for Loss of Use of Money in Professional Negligence Claim v. Accountants The case of Hungerfords & Ors v Walker & Ors involved a successful claim for professional negligence and breach of contract, brought against the plaintiffs’ accountants for causing their overpayment of tax for several years. Rather than suing to recover the […]
Lawyers Sued for Failing to Warn of Possibility of Nil Recovery
Lawyers Sued for Failing to Warn of Possibility of Nil Recovery Professional Negligence – Breach of Contract of Solicitors In the case of Hyland v Campbell, clients of a law firm successfully sued their solicitors for losses incurred when the lawyers failed to warn them of the very real possibility of nil recovery in their claim, […]
Insurance Broker’s Professional Negligence – Liable to Client for Insurance Company’s Refusal to Pay Claim
Insurance Broker’s Professional Negligence Liable to Client for Insurance Company’s Refusal to Pay Claim In the recent 2012 Supreme Court case of Kotku Bread Pty Ltd v Vero Insurance Limited and Anor, an insurance broker was ordered to pay their client of over $2,000,000 plus interest, after failing to secure adequate insurance. The broker was also […]
Accountancy and Financial Advice – Professional Negligence
Professional Negligence – Accountancy & Financial Advice We recently acted for clients who had suffered significant financial harm due to the professional negligence of their accountants and financial advisors (“financial advisors”). The matter involved advice given to our clients in relation to investments in various financial products including agricultural investments which were clearly not suited […]
Accountants Held Liable for Breach of Duty to Previous Shareholders of Company
Accountants Held Liable for Breach of Duty to Previous Shareholders of Company – Professional Negligence The case of Boyd v Ackley involved a claim against accountants for professional negligence. The plaintiffs in the case were a husband and wife who owned all of the shares in a company. They had a history with the defendant accountants, being […]