Professional Negligence Disputes

In the provision of professional services, professionals are required to be reasonably competent and diligent. There are various laws to ensure that this standard of professionalism is maintained.

Examples of who these standards apply to include:

  • land and property valuers;
  • some business advisors;
  • legal advisors including lawyers and solicitors;
  • financial advisors including financial planners;
  • accountants;
  • fund managers;
  • certain managers including managers of managed investment schemes;
  • company directors and secretaries; and
  • many other professionals.

When the standard of professionalism is not maintained, the professional is generally said to be negligent, either accidentally or intentionally.

When this happens you may have an action against the professional who provided the services.

In establishing a claim for professional negligence it is necessary to establish:

  • a ¬†professional standard that could be expected of a reasonably competent and diligent professional; and
  • that the conduct complained of fell below that standard.

Generally, these types of actions are for large sums of money, particularly in relation to land transactions. As such, it is important that you receive correct and timely legal advice.

It is important to note that time limitations apply to certain claims.

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