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Advocates Immunity: Attwells & Anor v Jackson Lalic Lawyers Pty Limited (S161/2015)

Author : Anthony Lo Surdo SC FCIArb - 04-05-2016

  • held that the advocate's immunity from suit does not extend to negligent advice given by a lawyer which leads to the settlement of a case by agreement between the parties embodied in consent orders;
  • unanimously declined to reconsider its previous decisions on the advocate's immunity, which confirmed that the immunity extends to "work done out of court which leads to a decision affecting the conduct of the case in court"
  • held, by majority, that the respondent was not immune from suit, because the advice to settle the proceedings was not intimately connected with the conduct of the case in court in that it did not contribute to a judicial determination of issues in the case. This conclusion was not affected by the circumstance that the parties' settlement agreement was embodied in consent orders.

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Anthony Lo Surdo SC FCIArb

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Advocates Immunity: Attwells & Anor v Jackson Lalic Lawyers Pty Limited (S161/2015) | Greens List