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Professional negligence · Queensland

Professional negligence? Here’s how a claim works.

Solicitors, barristers, accountants, financial advisers, conveyancers, agents, engineers and brokers. There is no PIPA notice for these claims, but the six-year clock runs whether or not you know about the loss.

One clock, and it can start before you know

Queensland time limits · no PIPA notice

  1. Day 0 The advice or the work The advice, the retainer or the transaction that went wrong.
  • 6 years to start court action
  • No-obligation first consultation
  • We set out our costs in writing at the start.

Our approach

Built for economic-loss claims

There is no injury scale here. Your claim is built from the financial damage the professional caused: the lost transaction, the fall in value, wasted costs and tax exposure. We assess the professional, their firm and their indemnity insurer together from the first conference.

  1. 01Every head of economic loss assessed from day one
  2. 02Professional, firm and indemnity insurer assessed together
  3. 03An independent expert from the same profession
  4. 04Your limitation date confirmed at the first review
  5. 05You deal directly with your lawyer

The law

How negligence is proved

Professional negligence claims run in contract and negligence together. Four things have to be proved.

  1. Duty and retainerDuty The duty is shaped by what the professional was engaged to do.
  2. Standard of careBreach The standard of a reasonably competent member of that profession. Acting as respected peers widely accept is a defence, unless that opinion is irrational (s 22).
  3. Advice about riskBreach The peer-opinion defence doesn’t cover warnings or advice about risk. The court decides what should have been said.
  4. Causation and lossCausation The breach must have caused the loss, including a lost chance, and the loss must be proved.

Compensation

What you can recover

Economic loss only. There is no Injury Scale Value in these claims.

Lost transaction or opportunity
The value of the deal or chance you lost.
Fall in value
The drop in value of an asset the advice affected.
Wasted costs
Money spent that the error made worthless.
Tax and penalties
Tax, interest and penalties the advice exposed you to.
Consequential loss
Other economic loss flowing from the breach.

Our process

From first call to final settlement

  1. No obligation Case review What the professional was engaged to do, what went wrong, what it cost you, and your limitation date.
  2. Records and expert opinion We get the professional’s file, trace the loss and brief an independent expert from the same profession.
  3. Letter of demand The claim set out to the professional, their firm and their indemnity insurer.
  4. Within 6 years Settlement or court Proceedings issued before the limitation date, then mediation, and trial if it doesn’t settle.

FAQ

Common questions

Six years from the date of damage under the Limitation of Actions Act 1974 (Qld). The clock runs from when you suffered the loss, not necessarily when the professional made the error. It runs whether or not you know about the loss, and a claim in contract runs from the breach, which can be earlier. Queensland has no extension for economic loss you did not know about. The exceptions are narrow, such as fraud that concealed the claim, where time runs from when you discovered the fraud or reasonably could have. There is no PIPA pre-court notice requirement for professional negligence — the six-year period is the primary deadline.

Lost money because of professional advice?

In your first consultation, we’ll confirm your limitation date. There’s no obligation to go ahead.