Professional Negligence

Our expert team includes 3 Accredited Specialists in Commercial Litigation, making us one of the most recognised Commercial Litigation teams in
New South Wales.

If you have suffered loss or damage as a result of poor professional advice or mismanagement of your affairs, you may be entitled to compensation.

Our Professional Negligence Lawyers have extensive experience advising clients and resolving professional negligence claims swiftly.

How We Help

We invest time to fully assess the strengths and weaknesses of your legal position to properly advise and assist you to identify real and favourable outcomes and develop a strategy for achieving those outcomes without the need for Court proceedings, where possible.

In most cases we can negotiate a favourable settlement of your claim with the responsible professional’s insurer.

What is Professional Negligence

Professional negligence occurs where a professional (for example, an accountant, a financial adviser, a lawyer or an architect) has failed to provide services to the required standard of care, causing loss or damage to the person or entity they provided their services to.

What is a Duty of Care

Professionals such as Solicitors, Accountants, Financial Planners, Engineers and Valuers owe their clients a legal duty of care.

Where a professional advisor fails to exercise reasonable care and skill when providing you with advice or managing your affairs you may have a right to compensation if that failure caused you to suffer a foreseeable financial loss.

If your professional advisor has breached their duty of care you are entitled to recover compensation in the amount that will put you back in your original financial position.

What losses can I recover for Professional Negligence

Compensation is awarded on a case-by-case basis and there are a broad range of loss and damage that may be claimed where an advisor has been negligent.

A person will usually be entitled to damages in an amount sufficient to compensate them and place them, as far as possible, in the position they would have been in had their advisor not been negligent.

Types of Professional Negligence Claims

We can assist with claims relating to:
  • Poor legal advice or legal oversights by Solicitors

  • Poor, mistaken or misleading financial advice

  • Accounting errors

  • The failure to advise about liability to pay tax or duty, or the availability of tax relief

  • The failure to lodge Tax Returns on time (or at all)

  • Engineering mistakes

  • Incorrect property valuations

Frequently Asked Questions

When will a Professional be Negligent?

While a professional’s liability in negligence will depend upon the specific circumstances of each case, generally speaking a professional will be negligent where:

  1. They owe a duty of care to their client;
  2. They have breached that duty of care; and,
  3. Their client suffers damage as a result.
Who is a “professional”, and when will a duty of care be owed?

Generally speaking a “professional” is someone who practices a profession, something which is usually indicated by a course of formal training and the achievement of a qualification. A person practicing a profession and/or holding themselves out as a professional with a particular skill or expertise may find themselves the subject of a professional negligence claim, including:

  • Accountants
  • Alternative healthcare professionals
  • Architects
  • Barristers
  • Bankers
  • Builders
  • Building Consultants
  • Doctors
  • Engineers
  • Financial advisors
  • Lawyers and legal practitioners
  • Medical practitioners
  • Mortgage Brokers
  • Real estate agents
  • Solicitors
  • Surveyors

A duty of care will be owed by a professional if the professional can reasonably be expected to have foreseen that if they did not do so, their client would suffer injury or loss

When will a professional breach their duty of care?

Generally speaking a professional will breach their duty of care where there is a risk of harm to their client and: –

  1. that risk is foreseeable – that is, it is a risk of which the person knew (or ought to have known);
  2. that risk was not insignificant;
  3. in the circumstances, a reasonable person in the position of the professional would have taken precautions against that risk; and,
  4. the professional failed to avoid the risk, causing loss or damage to their client.

However, Section 5O of the Civil Liability Act 2002 (NSW) provides an exception, such that a professional advisor will not be liable in negligence where, in providing their services, they acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice.

We are happy clients and would recommend you to start communicating with them for your legal needs.

“We had a great experience working with Jack and Christa over our case. The Roberts Crosbie Mortensen team are definitely experts in their field and their approach were professional, concise and right on target.”

Stefanus Valen

I have found Sam Roberts to be a competent and diligent legal practitioner.

“Sam and I have worked together on commercial disputes including those relating to the enforcement of contracts, breaches of contract, misleading and deceptive conduct, breaches of confidentiality and breaches of intellectual property rights. I have found Sam Roberts to be a competent and diligent legal practitioner with a tenacious approach that serves his clients well in legal disputation.”

Peter E Cullen
Barrister-at-Law, Sydney
More Accredited Specialists in Commercial Litigation than 99% of law firms in NSW.

Our Professional Negligence Lawyers

Related Articles

Key Practice Contact
Managing Director
Accredited Specialist (Commercial Litigation)