Jones v AAI Limited trading as Vero Insurance [2016] FCA 1244

FEDERAL COURT OF AUSTRALIA

Jones v AAI Limited trading as Vero Insurance [2016] FCA 1244 File number: TAD 3 of 2016

Judge: ALLSOP CJ

Date of judgment: 25 October 2016

Catchwords: EQUITY – Where family arrangement agreed and acted upon – Where enforceable equitable interests have been created – Whether the subsequent signing of a written record had the effect of altering or affecting the nature of those interests and the relative entitlement to relief INSURANCE – General Insurance – Application pursuant to Insurance Contracts Act 1984 (Cth) s51 – Claim against insurer in respect of liability of insured – Solicitor insured maintained professional indemnity cover under relevant master policy scheme for Tasmanian solicitors – Claim brought against solicitor's estate for damages for alleged breach of contractual and tortious duties NEGLIGENCE – Whether solicitor breached contractual and tortious duties to act with requisite degree of skill and care expected of a reasonably competent solicitor – Where solicitor retained to draft a written record of a pre-existing family arrangement – Consideration of the scope of the retainer – Whether solicitor failed to provide a minimum level of necessary advice – Whether written record had the effect of altering the position of the parties, to the detriment of the interests of the applicants

Legislation: Insurance Contracts Act 1984 (Cth) s51

Cases cited: David v David [2009] NSWCA 8 Delaforce v Simpson-Cook [2010] NSWCA 84; 78 NSWLR 483 Dominic v Riz [2009] NSWCA 216 Equuscorp Pty Ltd v Glengallan Investments [2004] HCA 55; 218 CLR 471 Giumelli v Giumelli [1999] HCA 10; 196 CLR 101 Malsbury v Malsbury [1982] 1 NSWLR 226 Muschinski v Dodds [1985] HCA 78; 160 CLR 583