Introduction
The High Court of Australia allowed an appeal from the New South Wales Court of Appeal, reaffirming the scope of advocate’s immunity in Australia which extends to work done both in and outside court. A majority of the Court held however, that the immunity does not extend to the negligent provision of advice by a lawyer, which leads to the settlement of a case by agreement between the parties embodied in consent orders. Significantly, legal advice must contribute to a judicial determination of the issues for advocate’s immunity to be attracted.
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