Advocates immunity and settlementAuthors: Katherine Allsop
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
- Donnellan v Woodland  NSWCA 433
- Conveyancing Act 1919
- Chamberlain v Ormsby t/as Ormsby Flower  NSWCA 454
- Attard v James Legal Pty Ltd  NSWCA 311
- Day v Rogers  NSWCA 124
- D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1
- Giannarelli v Wraith (1988) 165 CLR 543 at 559 – 560
- Dansar v Pagotto  NSWSC 112
- Alpine Holdings Pty Ltd v Feinauer  WASCA 85