Tag: scope of duty
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Solicitor's duty beyond the retainer
AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153 85. The extent to which the duty requires a solicitor to advise on matters beyond a client’s express instructions is problematic. In Micarone v Perpetual Trustees Australia Ltd,[1] Debelle and Wicks JJ identified the scope of a solicitor’s duty of care as follows:[2]
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New South Wales v Briggs
in PoliceNSW v Briggs [2016] NSWCA 344 Held (allowing the appeal): (1) Breach of the duty of care owed by the State ofNew South Wales to police officers in relation to foreseeable risks of injuryarising from the course of service must be assessed prospectively and not usinghindsight. ([8]; [31]; [64]–[71], [151]–[152]) State of New South Wales…