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Professional Negligence Claims
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Time Restrictions
It’s important to note that there are time limitations that apply when considering a claim for compensation for professional negligence – get in touch with us today on 1300 57 25 18 to make sure your claim is within time. If you miss the time limit that applies to your claim, you may not be able to bring your claim before the Courts.
We provide friendly and plain-speaking legal advice to help you understand the legal process, every step of the way.
We understand that when you have been let down or misled by a professional, there are emotional and mental consequences as well as financial ones. We also understand that undertaking a claim for compensation after going through the ordeal of receiving bad professional advice can feel daunting. We always strive to provide our expertise and services with compassion and care, and a commitment to helping real people.
I would recommend Gordon Legal to anyone, James and Rachel were professional, understanding and caring throughout the entire case. The best law firm I have ever used and I cannot speak highly enough of them.
We have recently been represented by Gordon Legal and in particular Principal Lawyer James Naughton in a contested planning matter. James did a great job for us on a number of levels and was professional, forensic, and focused on getting the best possible result. He was also a pleasure to deal with. Big thanks to the Gordon Legal team and to James.
FAQ
Our experienced, friendly lawyers can assist you with:
- Incorrect financial advice (eg: tax-related advice, poorly conducted audits, poor financial analysis)
- Negligent legal advice from lawyers (not acting in your best interest or against your instructions, badly drawn contracts, failure to make critical decisions
- Unsatisfactory service from a financial advisor or accountant who causes you to lose money or other financial hardship & more
In Australia professionals are required to carry out their services with reasonable care, skill and competence. If they fall short of this standard, and you suffer harm or loss as a result, you may have a legal right to bring a claim for professional negligence.
Broadly speaking, a “professional” is someone whose occupation involves prolonged training and formal qualification. Any person practising a profession can fall within the ambit of professional negligence law. Professionals can include:
- Accountants
- Architects
- Builders and Tradespeople
- Engineers
- Financial advisors
- Lawyers and legal practitioners
- Medical and health practitioners
- Real estate agents
- Surveyors
Before perusing a claim of professional negligence against a lawyer, solicitor or you should seek independent legal advice. Negligence cases can be complex and your ability to bring a successful claim will depend on a number of factors including the nature of the negligent act, how long ago the act occurred and whether you contributed to the harm or loss suffered.
There are also specific elements that a claimant must prove in order to make a successful negligence claim against a legal professional. These elements are:
- A duty of care existed between the lawyer and the client;
- The legal professional breached their duty of care to the client;
- The negligent act or breach of duty caused injury, loss or damage.
Merely being dissatisfied with the service provided or outcome reached by your lawyer does not necessarily mean they have acted negligently. In order to prove negligence a legal professional must have failed in their duty to provide legal services with reasonable care and skill. You may be able to peruse a claim if your lawyer:
- Provides poor or incorrect advice;
- Fails to act in accordance with your proper and lawful instructions;
- Discloses or mishandles confidential information;
- Acts dishonestly or fraudulently; or
- Misses important deadlines.
The time for bringing a claim for professional negligence can vary depending on the loss or damage suffered and the applicable legislation in your state or territory. In Victoria, a claim for professional negligence must generally be commenced within 6 years of the date you suffered loss and damage occurring as a result of any breach of duty of care owed to you.
If the negligent act results in personal injury, the action must be commenced within 3 years.
In certain circumstances, deadlines can be extended. We recommend seeking professional legal advice if you are unsure about how much time you have to lodge your claim.
If a lawyer drops your case, it means they are ceasing to act for you and are no longer your legal representatives.
It is important to note that a lawyer choosing to drop your case does not necessarily amount to professional misconduct, so long as the decision to do so is in line with legal professional conduct rules.
There are certain circumstances in which a lawyer may lawfully cease acting for you. This might include:
- If a conflict of interest arises which means the lawyer can no longer act in your best interests;
- If you fail to provide instructions when required or in a timely manner;
- If you fail to pay legal costs in accordance with your costs agreement;
- If you ask your lawyer to act in a way that would be unethical or illegal;
- If you reveal to your lawyer that you have lied to the court or procured another person to lie to the court or falsified documents in some material way while your matter was still in progress.
If you believe your lawyer has not handled your legal matter with due care and skill you should get independent legal advice to help understand your options.
For an obligation free discussion, call Gordon Legal on (03) 9603 3000 to speak with a caring and committed member of our team.
In addition to seeking legal advice in relation to professional misconduct, you may choose to make a complaint with the relevant overseeing body in your state of territory. In Victoria, the Legal Services Commissioner is responsible for the receipt, investigation and resolution of complaints about legal practitioners. Further information can be found here.
The above information is related to claims in Victoria. For claims outside the state, please contact our office for specific information as potential claims and time frames vary from state to state.
For us every case is personal
Our Professional Negligence lawyers have decades of experience in handling difficult cases and understand the unique ins and outs of Professional Negligence claims.
We understand that Professional Negligence can be deeply traumatic and stressful events, which is why we strive to ease your burden by making the legal process as simple as possible for you.
Professional Negligence Claims Experts
James Naughton
Partner
James is a highly regarded commercial lawyer and litigator. He has successfully brought claims against Australia’s largest banks, stockbrokers and financial institutions. He has also acted for people and organisations subject to investigations by government agencies and has advised industry superannuation funds, unions and corporations on regulatory, governance and directorship issues.
James provides advice on contractual matters, corporate disputes, professional negligence and defamation claims. He also acts in complex matters – such as class actions and group litigation, including the Robodebt class action.
Seb O'Meara
Senior Associate
Seb is an experienced lawyer who practises in class actions and other complex matters. He has worked on behalf of a superannuation fund in the Banking Royal Commission, and in a number of class actions, including the Robodebt class action. He also has broad experience in industrial and employment matters. He has acted for a number of unions and employees in various disputes in most of the State and Commonwealth courts and tribunals, including in urgent industrial disputes, breaches of the general protection provisions, discrimination claims, breaches of contract, underpayments, regulatory matters, and unfair dismissals.
Hamish Williamson
Associate
Hamish has experience in a wide variety of commercial law matters, including contractual and property disputes, consumer law, professional negligence and defamation claims. He also acts in complex proceedings such as class actions and group litigation. Before joining Gordon Legal, he worked as a judicial associate for several judges of the Supreme Court of Victoria, in both the commercial and common law lists. He also worked in a commercial firm specialising in disputes relating to major infrastructure projects such as airports, highways and hospitals.
Ana Hughes
Lawyer
Ana joined Gordon Legal as a paralegal after completing her studies and now works as a Lawyer in the Commercial Law team. Whilst working as a paralegal with the firm, Ana gained experience in class action litigation and commercial law matters. Prior to joining the firm, Ana volunteered at several community organisations including Darebin Community Legal Centre and worked as a paralegal at a preeminent migration law firm. Ana is passionate about achieving positive outcomes for all of her client’s cases- large or small. Prior to completing a Juris Doctor at Monash University, Ana completed a Bachelor of Arts (Politics and International Studies) at the University of Melbourne
How to get Started
Once you have contacted us, we will organise for you to speak with an experienced lawyer who will go the distance with you and your claim.
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We will be in touch within 1 business day if you email. Or you can call 1300 59 95 17, 9am-5pm, Monday - Friday
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We can assist you anywhere in Victoria and New South Wales. We can travel to you, or we can talk via Skype or over the phone.
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We listen until we understand, and quickly provide the best advice so you can make a well-informed decision.
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