By: Abadee Walmsley, Zipser

Hardcover

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[A] notable addition to Australian legal literature on a subject of contemporary importance. It is a book that should be in the library of every common lawyer.
The HonMichael H McHugh AC QC in the Foreword to the first edition.

Professional Liability in Australia, 2nd Edition provides readers with a comprehensive and definitive analysis of the law of professional liability in Australia. This work is also a practical guide to prosecuting or defending claims, including examples of statement of claims, defences, interrogatories and a helpful litigation checklist.

Following a chapter on general principles, each chapter explores a different profession, including doctors, solicitors, barristers, accountants and auditors, building professionals, valuers and financial services professionals. The text covers essential topics within each profession, such as: duties owed to clients and third parties; standard of care and skill required; principles of liability; liability for breach of duty; defences available; and damages.

Special features of the second edition include:

• a discussion of expert evidence in relation to professional liability;
• a significantly expanded consideration of the exposure of professionals to disciplinary sanctions;
• a review of the reforms enacted by the Financial Services Reform Act 2001 and their effect on the professional obligations of financial services professionals;
• a comprehensive review of the effect of the Civil Liability Acts in each State and Territory jurisdiction on claims against professionals and analysis of case law that has arisen in relation to the legislation;
• a proposal to introduce a 'forensic judgment' rule to replace the common law immunity of advocates should that immunity be abolished; and
• a review of changes to federal legislation dealing with consumer protection, which introduce contributory fault and proportionate liability.

Foreword to the first edition
Preface
Preface to the first edition
Table of cases
Table of statutes
General principles	p. 1
Doctors	p. 229
Solicitors	p. 393
Barristers	p. 563
Accountants and auditors	p. 629
Building professionals	p. 735
Valuers	p. 871
Financial services professionals	p. 927
The Hippocratic oath	p. 983
The Declaration of Geneva	p. 984
Statement of claim	p. 985
Defence	p. 988
Interrogatories	p. 989
Litigation checklist	p. 990
Statement of claim against solicitors and barristers for failing to issue proceedings in time	p. 992
Statement of claim against accountants for negligence and breach of contract in giving opinion	p. 995
Index	p. 997
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780455224664
ISBN-10: 0455224668
Audience: Professional
Format: Hardcover
Language: English
Published: September 2007