Advocates immunity and settlement

A recent decision of the NSW Court of Appeal has clarified how far outside of the court room advocates’ immunity will apply. In Donnellan v Woodland, a five member bench considered whether a legal practitioner found to be negligent in the provision of advice in respect of settlement was immune from suit by reason of the advocates’ immunity.

The court consisted of five members as the correctness of three earlier Court of Appeal decisions was in issue.

Significant cases, legislation or articles referred to

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