Authors: Katherine Hayes & Elise Turnbull, Senior Associate
On 21 December 2018, in Neville’s Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd1, Justice O’Callaghan of the Federal Court of Australia entered judgment for Neville’s Bus Service Pty Ltd (NBS) against Pitcher Partners2 (PP) for approximately $5.5 million for deceit in relation to a simple amortisation error. Significantly, the error was incorrectly included by PP in financial modelling figures it prepared to assist NBS submit a tender bid. On 21 February 2019, it was further ordered that PP pay NBS’s legal costs of the proceeding on an indemnity basis, fixed at just over $3.3 million.
A recent decision of the New South Wales District Court has highlighted the importance of solicitors maintaining file notes of discussions with their clients and any oral advice or instructions communicated during those conversations.
In the recent case of McLennan v Clapham & Ors  ACTSC 1, the Supreme Court of the Australian Capital Territory considers a claim alleging solicitor’s negligence in the context of a residential conveyance, and the approach the court will take in assessing the damages.
Authors: Katherine Hayes, Partner & Madelyne Inch, Solicitor
The Queensland Civil and Administrative Tribunal (Tribunal) recently handed down a decision following an investigation into a solicitor who failed to honour an undertaking he gave to the Queensland Law Society. He also failed to provide an explanation of his conduct as required by the Legal Profession Act 2007 (Qld). The Tribunal delivered its judgment ex tempore and immediately cancelled the solicitor’s practising certificate citing a demonstrable lack of ability for practitioners or the public to have trust in him as a solicitor.
Authors: Rebecca Stevens, Partner & Milton Latta, Special Counsel
Trip and fall injuries are a daily occurrence. The consequences can often be severe, particularly for the elderly. According to current injury research and statistics:
It is therefore not surprising that trip and fall claims remain prevalent, despite such claims often being difficult to prosecute. With an increasingly aging population, the number of claims is likely to increase.
- Light My Fire: Perils Exclusions and Spontaneous Combustion
- Royal Commission and Financial Planners - What's Next?
- Breach of warranty of authority - what does a solicitor warrant in the course of a conveyancing transaction?
- 192 reasons to check your aggregation clause - NSW Court decision considers aggregate claims