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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.