Immunities: High Court argument

Now available online is the transcript of oral argument before the High Court yesterday in Attwells v Jackson Lalic Lawyers [2016] HCATrans 48. The Law Society of New South Wales was granted leave to intervene. All seven members of the Court sat for the matter.

The argument focused on two issues:

  • Whether advocates immunity should apply in the circumstances of the case; and
  • Whether that immunity may be abolished (in that the court gave leave for argument on the merits of Giannarelli and D’Orta and the immunity, but the court reserved on the question of whether it would reconsider those cases).

There were only two express references to expert witness immunity,  including reference to the UK Jones v Kaney decision. those were made in passing.

The Court reserved its decision.




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