Barristers Immune to Professional Negligence Actions by Solicitors

Barristers Immune to Professional Negligence Actions by Solicitors The civil and commercial litigation of Keefe v Marks was an appeal of the decision of a District Court Judge who struck out a claim by a solicitor / law firm, against a barrister for professional negligence and breach of duty. The question to be determined by the court […]

Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss

Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss The case of Bryan v Maloney involved a professional negligence action by the owner of a home against the builder. The respondent in the appeal was the third subsequent owner of the home and shortly after purchasing it, was faced with significant defects such […]

Claim Against Lawyers for Expired Limitation Period

Professional Negligence – Claim Against Lawyers for Expired Limitation Period Aitken Wilson Lawyers were successful in acting for the Plaintiff in the recent case of Horne v Gilshenan & Luton [2010] QDC 491. This litigation involving lawyers’ professional negligence, highlights the importance of solicitors vigilance in acting in the best interests of their clients and ensuring all […]

Disclosure of Legal Professional Privilege In Professional Negligence Claim Against Lawyers

Disclosure of Legal Professional Privilege in Professional Negligence Claim Against Lawyers The case of Lillicrap v Nalder & Son involved proceedings by clients claiming damages in court against their law firm for professional negligence and breach of duty. The Lillicrap’s were property developers who were suing their law firm in this civil litigation for failing to inform […]

Engineers and Builders – No Liability in Professional Negligence to Subsequent Owners of Commercial Buildings for Structural Defects

Engineers and Builders – No Liability in Professional Negligence to Subsequent Owners of Commercial Buildings for Structural Defects The case of Woolcock Street Investments Pty Ltd v CDG Pty Ltd involved a claim for professional negligence by a subsequent owner of a building due to defects in the foundations. The appellant company alleged that they were owed […]

Informal Wills – Solicitor’s Negligence in Advising on Will and the Succession Act

Informal Wills – Solicitor’s Negligence in Advising on Will and the Succession Act An informal will is a document that sets out the testator’s testamentary intentions however does not satisfy the formal requirements that are required under the legislation to create a formal will. In Queensland, the Succession Act 1981 (Qld) was amended in 2006 to recognise informal […]

Insurance Broker Liable in Excess of $2 Million for Professional Negligence

Insurance Broker Liable in Excess of $2 Million for Professional Negligence The recent Supreme Court decision in Strategic Property Holdings No. 3 Pty Ltd v Austbrokers RWA Pty Ltd, found an insurance broker liable for more than $2,000,000 in damages, in a professional negligence/breach of contract claim brought by a client after the broker failed to […]