Surcharge Purchaser Duty – What is it? Who does it apply to? Who might be liable in negligence? 1. Surcharge Purchaser Duty and Surcharge Land
If you have suffered loss or damage as a result of poor professional advice or mismanagement of your affairs, you may be entitled to compensation.
Our experienced Professional Negligence Team is headed by an Accredited Specialist in Commercial Litigation and are on hand to help you resolve your matter promptly whether it has arisen in Newcastle, Sydney or elsewhere in NSW.
What is Professional Negligence?
Professional negligence occurs where a professional (for example, an accountant, a financial adviser, a lawyer or an architect) has failed to provide services to the required standard of care, causing loss or damage to the person or entity they provided their services to.
Professional Negligence Claims
Professionals such as Solicitors, Accountants, Financial Planners, Engineers and Valuers owe their clients a legal duty of care.
Where a professional advisor fails to exercise reasonable care and skill when providing you with advice or managing your affairs you may have a right to compensation if that failure caused you to suffer a foreseeable financial loss.
If your professional advisor has breached their duty of care you are entitled to recover compensation in the amount that will put you back in your original financial position.
Types of Claims
We can assist with claims relating to:
- Poor legal advice or legal oversights by Solicitors,
- Poor, mistaken or misleading financial advice,
- Accounting errors,
- Engineering mistakes,
- Incorrect property valuations.
Our team are amongst the most experienced Professional Negligence Lawyers Newcastle has to offer. We service clients throughout the greater Hunter region as well as Sydney and right across NSW.
When will a Professional be Negligent?
While a professional’s liability in negligence will depend upon the specific circumstances of each case, generally speaking a professional will be negligent where there is a risk of harm to their client and: –
- that risk is foreseeable – that is, it is a risk of which the person knew (or ought to have known);
- that risk was not insignificant;
- in the circumstances, a reasonable person in the position of the advisor would have taken precautions against that risk; and,
- the professional failed to avoid the risk, causing loss or damage to the person or entity they provided their services to.
However, a professional advisor will not be negligent where, in providing their services, they acted in a manner that, at the time the service was provided, was widely accepted in Australia by peer professional opinion as competent professional practice.
What losses can I recover for Professional Negligence?
There are a broad range of damages that may be claimed where an advisor has been negligent. Damages are awarded on a case-by-case basis, and a plaintiff will usually be entitled to damages which are sufficient to compensate the plaintiff to place them, as far as possible, in the position they would have been in had their advisor not been negligent.
What are some examples of Professional Negligence
- The provision of poor financial or legal advice
- The failure to advise about liability to pay tax or duty, or tax relief available.
- The failure to lodge tax returns on time (or at all).
- Incorrect property valuations.
How We Help
Our Professional Negligence Team have extensive experience advising clients and resolving professional negligence claims swiftly.
We invest time to fully assess the strengths and weaknesses of your legal position to properly advise and assist you to identify real and favourable outcomes and develop a strategy for achieving those outcomes without the need for Court proceedings, where possible.
In most cases we are able to negotiate a favourable settlement of your claim with the responsible professional’s insurer.
No Win No Fee
People who have suffered loss as a result of professional negligence can often not afford legal costs of pursuing a claim for compensation. In many cases, we assist by acting on a No Win No Fee basis.
Call us to find out if you are eligible for our No Win No Fee guarantee.