Provides readers with a comprehensive and definitive analysis of the law of professional liability in Australia. This work is also a practical guide to prosecuting or defending claims, including examples of statement of claims, defences, interrogatories and a helpful litigation checklist.  

Authors: Stephen Walmsley, Ben Zipser, Alister Abadee

ISBN: 9780455224251

Publishers: Thomson Reuters (Lawbook Co.,)  - September 2007

Binding Format:

CONTENTS

Following a chapter on general principles, each chapter explores a different profession, including doctors, solicitors, barristers, accountants and auditors, building professionals, valuers and financial services professionals.

The text covers essential topics within each profession, such as:

• duties owed to clients and third parties;
• standard of care and skill required;
• principles of liability;
• liability for breach of duty;
• defences available;
• damages.

Special features of the second edition include: ·

• a discussion of expert evidence in relation to professional liability; ·
• a significantly expanded consideration of the exposure of professionals to disciplinary sanctions; ·
• a review of the reforms enacted by the Financial Services Reform Act 2001 and their effect on the professional obligations of financial services professionals; ·
• a comprehensive review of the effect of the Civil Liability Acts in each State and Territory jurisdiction on claims against professionals
• analysis of case law that has arisen in relation to the legislation; ·
• a proposal to introduce a “forensic judgment” rule to replace the common law immunity of advocates should that immunity be abolished;
• a review of changes to federal legislation dealing with consumer protection, which introduce contributory fault and proportionate liability.