By and -

Key decisions

  • R Lawyers v Mr Daily [2025] HCA 41
  • Asturias & Nasir [2025] FedCFamC1A 187
  • Adams & Marchenko [2025] FedCFamC1A 197
  • Bertrand & Bertrand [2025] FedCFamC2F 1121

FINANCIAL AGREEMENT

Husband’s negligence claim against lawyer for void section 90B agreement – lawyer’s appeal allowed where husband unable to establish lawyer’s negligence prevented better outcome

In R Lawyers v Mr Daily [2025] HCA 41 (5 November 2025), the High Court (Gageler CJ, Gordon, Edelman, Jagot and Beech-Jones JJ) heard a law firm’s appeal from a decision of the Full Court of the Federal Circuit and Family Court of Australia (‘FCFCOA’) in a case involving a financial agreement and the lawyer who drew it.

Mr Daily made a section 90B financial agreement before marriage in 2005 (‘BFA’). R lawyers prepared the BFA for Mr Daily. The BFA was set aside in 2019. Mr Daily made a negligence claim against R Lawyers for their advice.

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