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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.
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Carter Newell is delighted to announce that Partner Stephanie Huestis has been named New Partner of the Year (SME Law) at the Lawyers Weekly Partner of the Year Awards 2026 – one of the Australian legal profession’s most prestigious accolades. Read more to find out about Stephanie’s outstanding achievement.
Carter Newell is certified as a Family Inclusive Workplace by Family Friendly Workplaces. The certification acknowledges workplaces that excel across five critical pillars: flexible work, parental leave, family care, family wellbeing, and leadership culture. Carter Newell is committed to nurturing a workplace where our people don’t have to choose between excelling at work and being fully present with their families. Through our Family Inclusive Workplace certification, we’re putting that belief into action.
12 August 2025
Carter Newell is pleased to have been named as a finalist across three categories in the Lawyers Weekly’s Australian Law Awards 2025. The firm is a finalist for the Insurance Team of the Year and Dispute Resolution and/or Litigation Team of the Year. We congratulate Partner Patrick Mead who is also a finalist for Litigator of the Year, following on from his recent win as Partner of the Year for Construction, Projects and Infrastructure.
