Abstract

ABSTRACTLousy lawyers in Australia enjoy unprecedented protection when operating in court. They are protected by a common law immunity which has developed in modern Australian case law as a broad and impenetrable barrier to the aggrieved client seeking financial redress for negligent lawyering in court. This unique civil immunity has been recently affirmed by Australia’s highest court. Despite this protection, the article traces several legal avenues open for clients to seek compensation through court procedural powers and professional discipline. It is argued that in practice, when we consider the factual circumstances in which they arise, these measures seem to erode the immunity. While this may be welcomed, the article nevertheless describes the existing Australian regime as complex, inconsistent and underused.

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