Insurance Law

Advocate’s immunity unavailable to legal practitioner who allegedly exaggerated expertise

Contact: Mark Brookes and Tom Pepper, Carter Newell (Queensland, Australia)

The Full Federal Court of Australia has set aside a Federal Court decision1 to summarily dismiss a claim made against a legal practitioner on the basis that it was an abuse of process, and that the practitioner’s conduct was exempt from liability due to advocate’s immunity.2

This case considered the doctrine of advocate’s immunity and its application to the different functions of an advocate.

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