David Kendirijian v Eugene Lepore & Anor [2017] HCA 13

  • Author : Anthony Lo Surdo SC FCIArb - 22-04-2017

On 29 March 2017 the High Court of Australia unanimously held that advocates' immunity from suit does not extend to negligent advice not to compromise a proceeding which then proceeds to a judicial decision because the advice given in relation to the settlement offer did not affect the judicial determination of the case. The Court declined to distinguish or reopen its most recent decision on advocates' immunity, Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 90 ALJR 572; 331 ALR 1; [2016] HCA 16.

A link to the case appears here: http://eresources.hcourt.gov.au/downloadPdf/2017/HCA/13.

On 29 March 2017 the High Court of Australia unanimously held that advocates' immunity from suit does not extend to negligent advice not to compromise a proceeding which then proceeds to a judicial decision because the advice given in relation to the settlement offer did not affect the judicial determination of the case. The Court declined to distinguish or reopen its most recent decision on advocates' immunity, Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 90 ALJR 572; 331 ALR 1; [2016] HCA 16.

 

A link to the case appears here: http://eresources.hcourt.gov.au/downloadPdf/2017/HCA/13.

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Anthony Lo Surdo SC FCIArb

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Anthony Lo Surdo SC FCIArb Date: 22-04-2017