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Searching Content indexed under Professional Negligence by Norton Rose Fulbright Australia ordered by Published Date Descending.
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1
Asking the right questions to make out the Peer Professional Opinion defence
In Australia, the defence allows a professional to defend a negligence claim if conduct is endorsed by a body of peers.
Australia
22 Aug 2017
2
Advocates immunity: High Court asked to reopen its 2016 Attwells decision
The doctrine of advocate's immunity has been abolished in the UK and New Zealand, and its scope is limited in Australia.
Australia
1 May 2017
3
Advocates immunity update: High Court hands down Kendirjian decision
The High Court found that advocate's immunity did not apply to this claim for negligent advice not to settle a case.
Australia
1 May 2017
4
Proportionate liability now to be considered by the High Court
The appeal will be watched closely, as these provisions in NSW are similar to other legislation throughout Australia.
Australia
19 Jan 2013
5
High standard of care when dealing with unsophisticated investors and public funds
The article discusses the facts, key findings and implications for financial advisers and insurers from the judgment.
Australia
19 Jan 2013
6
Consent to medical treatment?: What is an 'intentional act' in the assessment of damages?
The Court considered the circumstances when exemplary damages would be awarded in professional negligence proceedings.
Australia
16 Jan 2013
7
Professional Indemnity: The burden of peer professional opinion
The legal burden of proving professional negligence must be discharged according to the common law standard of care.
Australia
6 Oct 2012
8
Professional Indemnity: Broker’s liability for incorrect answers in proposal
A broker was liable for the total amount of the loss for failing to make reasonable enquiries regarding a relevant risk.
Australia
15 Sep 2012
9
Professional Indemnity: Proving causation in loss of chance cases
The Court considered the relevant principles in loss of chance cases and the essential requirement to prove causation.
Australia
15 Sep 2012
10
Professional Indemnity: No cover for defence costs for director
The former director sought a declaration that the insurer was liable to indemnify him in respect of his defence costs.
Australia
15 Sep 2012
11
Professional Indemnity: No duty of care by builder and developer
Builders and developers of residential premises do not owe a duty of care to owners when statutory warranties apply.
Australia
15 Sep 2012
12
PI: Capacity negligence and advocate immunity
A discussion of Goddard Elliott (a firm) v Paul Fritsch [2012] VSC 87.
Australia
16 Jun 2012
13
Proportionate Liability under the microscope - when both parties are in the wrong
A recent case considered proportionate liability where both parties are wrongdoers.
Australia
24 Mar 2012
14
Government Lawyers: New Guidelines Issued by the Law Society of New South Wales
The Law Society of New South Wales recently published the second edition of "A Guide to Ethical Issues for Government Lawyers."
Australia
18 Nov 2010
15
Damages For Pure Economic Loss In A Commercial Context
In November 2009, the Federal Court of Australia (in Hine v New South Wales Land and Housing Corporation [2009] FCA 1242) considered whether or not a legal remedy was available for perceived injustices arising from a direction given by the Department of Housing (DOH) to its contractors, in circumstances where losses claimed were pure economic losses arising from dealings in a wholly commercial context.
Australia
20 Aug 2010
16
The High Court has Spoken: Cause Before Contribution
On 3 March 2010, the High Court delivered an important decision, holding that the asbestos exposure of a smoker who died of lung cancer was not, on its own, a cause of injury, even when the medical and scientific evidence available was unable to definitely attribute the cancer to any particular cause.
Australia
12 Aug 2010
17
Do Surf Lifesavers Owe a Duty of Care to Persons Swimming Outside the Red and Yellow Flags?
The decision handed down by the Supreme Court of Queensland on 16 July 2009 in Etemovic v Gold Coast City Council [2009] QSC 185 deals with the obligations of surf lifesavers in conducting rescue operations.
Australia
1 Apr 2010
18
Gett V Tabet: Status Report
The Court ruled on the vexed issue of loss of a chance - where a defendant's negligence lessens a plaintiff's chances of avoiding greater loss or damage, but falls short of being causative of such loss or damage under traditional principles of legal causation.
Australia
2 Sep 2009
19
New Year´s Eve Celebrations With A BANG: The Liability Of The Licensee For The Criminal Acts Of Patrons
On 26 February 2009 the New South Wales Court of Appeal dismissed an appeal against a decision of the New South Wales District Court, where a hotel operator (the appellant) was found to have breached its duty of care to two patrons who were shot on its licensed premises.
Australia
1 Jun 2009
20
Damages For Loss Of A Chance "Plainly Wrong"
The 'Gett v Tabet' case required the Court to rule on the vexed issue of loss of a chance - where a defendant's negligence lessens a plaintiff's chances of avoiding greater loss or damage, but falls short of being causative of such loss or damage under traditional principles of legal causation.
Australia
30 Apr 2009
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