Kendirjian v LeporeCitation:[2017] HCA 13Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:29 Mar 2017Case Number:S170/2016Read more
Advocates' immunity from suit applies only to conduct that affects the conduct of the case in court or is intimately connected with a judicial determination. Negligent advice regarding settlement offers, when not affecting the conduct of the case in court, is not covered by the immunity.
- Parties
- Plaintiff: Unknown Plaintiff; Defendant: Unknown Defendant
- Jurisdiction
- Australia
- Judgment Date
- 29 March 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Advocates' Immunity, Negligent Legal Advice, Settlement Offers, Stare Decisis
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown Plaintiff
Plaintiff
Unknown Defendant
Defendant
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether advocates' immunity from suit applies to negligent advice regarding settlement offers rejected at trial
- 2 Whether the advice affected the conduct of the case in court by bearing upon the court's determination
- 3 Whether Attwells v Jackson Lalic Lawyers Pty Ltd should be reopened
Ratio Decidendi
Advocates' immunity from suit applies only to conduct that affects the conduct of the case in court or is intimately connected with a judicial determination. Negligent advice regarding settlement offers, when not affecting the conduct of the case in court, is not covered by the immunity.
Court Disposition
Appeal dismissed
Orders
- Advocates' immunity applies only to conduct affecting the conduct of the case in court
- No reopening of Attwells v Jackson Lalic Lawyers Pty Ltd
Full Case Text
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