professional negligence

Question 1

s 5O Civil Liability Act 2002 (NSW)

Answer 1

Standard of Care for Professionals:
Not negligent if the professional acted in a manner that was widely accepted as a competent professional practice by peer professional opinion.

Question 2

Boland v Yates Property Corp Pty Ltd (1999) 167 ALR 575

Answer 2

The SoC should reflect the level of expertise of the solicitor, therefore “[i]n the case of a solicitor who is an expert in a particular branch of the law the requirement should be that the solicitor must carry out his retainer as would a reasonably competent solicitor who is an expert in that particular area of the law.”