Jadwan Pty Ltd v Rae & Partners (A Firm) (No 4) [2018] FCA 968

FEDERAL COURT OF AUSTRALIA

Jadwan Pty Ltd v Rae & Partners (A Firm) (No 4) [2018] FCA 968 File number: TAD 39 of 2016

Judge: KERR J

Date of judgment: 29 June 2018

Catchwords: NEGLIGENCE – duty of care owed by solicitors and counsel in providing legal advice to a nursing home operator – whether respondents were negligent in failing to advise the applicant of proposed and relevantly later enacted legislation that would regulate the aged care industry – whether respondents were negligent in failing to advise of available grounds for challenging validity of review panels constituted under the National Health Act 1953 (Cth) and to challenge sanctions imposed by the Minister pursuant to s 45E of that Act – whether advice could have prevented the Minister from revoking the applicant's approval to operate a nursing home – whether advice would have enabled the applicant to obtain an injunction and rebuild a new nursing home facility or to sell its bed licences – application dismissed

Legislation: Constitution, s 75(v) Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 6, 11, 16 Aged Care Act 1997 (Cth) Aged Care (Consequential Provisions) Act 1997 (Cth), s 7 Evidence Act 1995 (Cth), ss 135, 136, 143 Judiciary Act 1903 (Cth), s 39B Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 5 National Health Act 1953 (Cth), ss 40AA, 44, 45D, 45E, 105AAB National Health Regulations 1954 (Cth), regs 11, 12