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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.
28 May 2026
Recently, Partner Barnaby Austin presented on “Right of Entry”.
14 April 2026
Partner Stephanie Huestis and Partner Danielle Skinner recently presented on “Contractual Liability”.
Special Counsel Louise Edmonds presented at the request of the The Law Society of NSW as part of its Civil Litigators program – addressing “Negotiation skills for Dispute Resolution”
Recently, Special Counsel Amy Gill, Partner Michael Bath and Associate Danielle McGann presented on “Historical abuse claims: the impact of the end of the Redress Scheme and emerging litigation risks”.
Recently, Partner Greg Stirling, Senior Associate Joel White and Solicitor Thomas Ramsay presented on “Costs Assessment in Queensland”.
Partners Mark Brookes and Greg Stirling recently delivered a detailed presentation on “Securities Class Actions in Australia.”
On 2 February 2025, Partner @ Mark Kenney presented on “Non – Disclosure Agreements”.
29 October 2025
Recently, Partner Milton Latta and Associate Danielle McGann presented on “Trip and Fall claims – A practical guide on how courts assess trip hazards and how to manage trip and fall claims effectively”
Partner Peter Motti recently presented on business sales that brokers should consider at the REIQ Business Broker Lunch & Learn.
3 October 2025
Partner Glenn Biggs and Partner Danielle Skinner recently presented on “Liability Waivers”.
Partner Julie Bowker recently presented on “A Practical Guide to Recoveries”.
Partner Michael Bath recently co-presented on “Labour Hire, Sub-Contractors – Same or Different?”.

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