High Court of Australia

Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16

4 May 2016

Case Number: S161/2015


French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ


Legal practitioners – Negligence – Advocate's immunity from suit – Advice given out of court – Where advice given by advocate led to agreed settlement of proceedings – Where terms of settlement reflected in consent orders made by court and court's noting of agreement – Where negligence proceedings issued in respect of advice – Whether advocate immune from suit.

High Court – Stare decisis – Whether D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 and Giannarelli v Wraith (1988) 165 CLR 543 should be reconsidered.

Words and phrases – "advocate's immunity", "collateral attack", "consent orders", "finality", "intimately connected", "judicial determination", "judicial power", "statement of agreed facts".

Civil Procedure Act 2005 (NSW) – ss 90, 133(1).

Uniform Civil Procedure Rules 2005 (NSW) – Pt 36.

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