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Professional Negligence

Any person who owes you a duty of care, who breaches that duty and causes you loss of a kind that was not unforeseeable, can be liable to you for their negligence.

People who may be liable to you include:

  • lawyers,
  • tradesmen of all kinds, such as builders, architects, surveyors etc,
  • all government organisations, including schools, police officers, military personnel etc,
  • stockbrokers, finance brokers, accountants, real estate agents and all professionals, and
  • anybody else who should know that their negligent behaviour will affect you.

Our Commercial Litigation Team is waiting to assist you with any of these sorts of cases. We have seen it all before, from the simple cases, through to incorrect financial advice resulting in multi-million dollar losses. Traditionally, class actions have been our speciality. We blazed the trail for class actions in Queensland. We will always act fearlessly for you where there are allegations of negligence.

If allegations of negligence are made against you, you should also take advantage of our experience in this area. Do not delay, as we have seen situations (which could have been resolved at an early stage) snowball significantly due to a “head in the sand” attitude. We may be able to save you stress, worry and money.

Professional Negligence Team

Matters our lawyers have handled include:

  • Suing solicitors who failed to warn their clients about the risks involved in an unusual lease.
  • Suing solicitors who incorrectly advised their client about the effect of legislation impacting their business.
  • Suing a building inspector who failed to inform home-buyers about major structural defects.
  • Suing a construction company that damaged a house adjacent to their construction works.
  • Applying to the Supreme Court for the appointment of a statutory trustee for the sale of property owned by disputing parties.
  • Acting for companies in disputes with the Australian Taxation Office (including one client whose debt was reduced from over $100,000, to less than $40).
  • Defending court action brought by debt collectors.
  • Representing clients in restraint of trade disputes with former employers.
  • Advising clients in neighbour disputes regarding boundary fences and retaining walls.
  • Advising a mechanic in relation to a claim of defective repair works by a former customer.
  • Acting for a borrower who was being pursued by a foreign bank for a debt incurred while living overseas.
  • Acting for landowners whose family home was being resumed by a government department for public works.
  • Acting for a client who was seeking to recover a substantial sum of money that they had lent to a family friend without a written loan agreement.
  • Negotiating a favourable outcome for a client who was in a dispute with a business over the termination of a hire agreement.
  • Acting for a commercial lessee who was in a long running dispute with their lessor over the terms of the lease.