Outcome and conduct: the test of reasonableness in professional negligence
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
Climate risks: Do lawyers owe a duty of care?
Lawyers owe clients a duty of care to advise on a range of risks and this duty may extend to climate risks.
Taking on the trauma
A court reporter suffering vicarious trauma has successfully sued her employer. Will the case set a precedent for lawyers at risk?
Duty of care to prospective beneficiary under a will? Badenach v Calvert
A solicitor approached to draft a will does not always owe a duty of care to a prospective beneficiary. By ABBEY BURKE.
The latest from the High Court: July 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
The cost of not communicating
A solicitor’s responsibility has always been to provide clear and timely advice to assist the client in understanding the legal issues so as to make…
An emergent duty of care owed by Australia to asylum seekers?
The Minister for Immigration owed a duty of care to a refugee at Papua New Guinea by reason of the salient features listed in Stavar:…