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

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ

GREGORY IAN ATTWELLS & ANOR APPELLANTS

AND

JACKSON LALIC LAWYERS PTY LIMITED RESPONDENT

Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16 4 May 2016 S161/2015

ORDER

1. Appeal allowed.

2. Set aside orders 3, 4 and 5 of the Court of Appeal of the Supreme Court of New South Wales made on 1 October 2014 and in their place order that:

(a) the appeal be allowed;

(b) the orders of Harrison J made on 17 October 2013 be set aside, and in their place order that the separate question of whether the plaintiffs' claim is defeated entirely, because the defendant is immune from suit, be answered: "No".

3. Set aside the orders of the Supreme Court of New South Wales made on 28 October 2014.

4. The respondent pay the appellants' costs of the proceedings on the separate question in the courts below and of the appeal to this Court.

5. The Law Society of New South Wales pay the costs of the appellants and the respondent occasioned by its intervention in the proceedings.

On appeal from the Supreme Court of New South Wales

Representation

G O'L Reynolds SC with R C A Higgins, R A Yezerski and D W Robertson for the appellants (instructed by L C Muriniti & Associates)

A S Bell SC with P D Herzfeld for the respondent (instructed by Sparke Helmore Lawyers)

R P L Lancaster SC with N J Owens for the Law Society of New South Wales, intervening (instructed by Allens)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Attwells v Jackson Lalic Lawyers Pty Limited

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.