Negligence – Proof of loss and damage – Negligence by solicitor – Financial agreement under Family Law Act 1975 (Cth) Pt VIIIA entered before marriage – Financial agreement provided how property and financial resources dealt with on breakdown of marriage – Where financial agreement prepared by solicitor void for uncertainty – Where financial agreement prepared by solicitor set aside on hardship grounds – Where solicitor breached duty of care to take reasonable care in giving advice – Whether client failed to adduce evidence establishing loss – Whether negligence claim statute barred – When loss first suffered.
Words and phrases – "binding financial agreement", "cause of action accrued", "character of the alleged loss", "compensable loss", "compensatory damages", "consequential losses", "damages", "date of separation", "did not get what he should have got", "failed to prove any further loss or damage", "financial agreement before marriage", "financial agreement prepared with reasonable care and skill", "in the event of the breakdown of the marriage", "lack of any evidence", "loss of chance", "loss or damage in tort", "lost opportunity", "no force or effect until a separation declaration is made", "properly characterising the claimed loss", "provision for the birth of a child or children", "provision of advice", "recovery of damages for the legal costs", "set aside for uncertainty", "spouse parties", "statute barred", "substantial prospect of a beneficial outcome", "terms or scope of a financial agreement drafted with reasonable care and skill", "unless and until the marriage breaks down", "void, voidable or unenforceable", "wasted legal fees", "would not have entered into the marriage".
Limitation of Actions Act 1936 (SA), s 35(c).
Family Law Act 1975 (Cth), ss 71A, 79, 90B, 90C, 90D, 90DA, 90DB, 90G, 90K, 90KA.