Immunities: upcoming consideration by the High Court of Australia

Attwells v Jackson Lalic Lawyers Pty Limited is listed for hearing before the High Court on 3 November 2015.

The catchwords provided by the High Court highlight:

Torts – Negligence – Defences – Advocates’ immunity – Scope – Where respondent gave advice to appellants to agree to a terms of settlement – Where the terms of settlement caused the appellants to accept liability significant higher than they would have otherwise been liable for if they had not defended the proceedings– Whether advocates’ immunity applies – Whether the advice falls with the boundaries of advocates’ immunity – Whether immunity is attracted in respect of final outcomes not the subject of a judicial determination on the merits

Written submissions by the appellants and respondent are now available online, along with an amicus curiae submission by the Law Society of New South Wales.

It is not clear whether the appeal will touch on expert witness immunities.

One Reply to “Immunities: upcoming consideration by the High Court of Australia”

Comments are closed.