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Back to Basics – The Scope of a Solicitor’s Duty of Care
In Boensch v Bingham (No 2) [2026] NSWSC 529, the Supreme Court of New South Wales dismissed all six professional negligence claims brought against a defendant solicitor, providing a timely restatement of the parameters of a solicitor’s duty of care. The decision serves as a practical reminder that clearly defining the scope of the retainer, reasonably relying on counsel’s advice, and maintaining thorough file documentation are among the most effective safeguards against claims of this kind. In this article, Partner Mark Brookes and Paralegal Chloe Barry analyse the Court’s reasoning and identify the key takeaways for legal practitioners.
23 March 2026
- Expertise areas
Carter Newell is pleased to release its 13th edition of the Australian Civil Liability Guide. Since 2005, this Guide has been the go-to reference for insurance professionals navigating Australia’s complex liability landscape.
With civil liability law continuing to evolve across every Australian jurisdiction, insurers, brokers, underwriters, managing general agents, third party administrators and risk managers need a comprehensive, up-to-date resource they can rely on.
More than two decades after the Ipp Report reforms, this trusted reference continues to provide the comprehensive guidance the insurance sector needs.
13 December 2024
- Expertise areas
For overseas investors and businesses considering doing business in Australia, asking the right questions is crucial to understanding the key and unique legal aspects that can impact commercial success.
With recent developments – including increased regulatory requirements, climate and sustainability reporting, corporate disclosures, and compliance obligations – Carter Newell’s ‘Doing Business in Australia Guide’ assists in highlighting these factors applicable across a wide range of industries.
1 March 2023
- Expertise areas
The Professional Liability Guide 2nd edition will again provide assistance to underwriters, claims managers, brokers, and their professional clients and advisers in evaluating the potential exposure to claims that fall under the purview of professional liability insurance.
1 December 2020
- Expertise areas
The 7th edition Workplace Advisory Gazette examines a number of cases of general application, including cases relating to dismissals arising from disparaging comments made about employers and clients, the classification of workers in the gig economy, and the recovery of damages paid by an employer as a result of the serious misconduct of an employee.
