Case S161/2015 | High Court of Australia

Case information

Lower Court Judgment

1/10/2014 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Meagher JA, Ward JA)

[2014] NSWCA 335

Catchwords

Torts – Negligence – Defences – Advocates’ immunity – Scope – Where respondent gave advice to appellants to agree to a terms of settlement – Where the terms of settlement caused the appellants to accept liability significant higher than they would have otherwise been liable for if they had not defended the proceedings– Whether advocates’ immunity applies – Whether the advice falls with the boundaries of advocates’ immunity – Whether immunity is attracted in respect of final outcomes not the subject of a judicial determination on the merits.

Short Particulars

Documents

07/08/2015 Hearing (SLA, Sydney)

21/08/2015 Notice of appeal

18/09/2015 Written submissions (Appellants)

18/09/2015 Chronology (Appellants)

12/10/2015 Written submissions (Respondent)

19/10/2015 Summons seeking leave to appear as Amicus Curiae (Law Society of New South Wales)

19/10/2015 Written submissions (Law Society of New South Wales)

26/10/2015 Reply

03/11/2015 Hearing (Full Court, Canberra) - VACATED

08/03/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

04/05/2016 Judgment (Judgment summary)

Attwells & Anor v. Jackson Lalic Lawyers Pty Limited