Alpine Holdings Pty Ltd v Feinauer

In the case of Alpine Holdings Pty Ltd v Feinauer, Alpine Holdings, the plaintiff, sued Feinauer, the defendant, for negligence in relation to legal services provided during earlier proceedings. The plaintiff alleged that Feinauer was negligent in pleading a hopeless case in the earlier proceedings and in advising the plaintiff to reject a settlement offer. The case was heard in the Supreme Court of Western Australia. The plaintiff sought to strike out the claims on the basis of advocate's immunity, arguing that the claims were not arguable and that the immunity extended to the defendant's out-of-court work. The plaintiff also contended that the advocate's immunity did not apply to the claim under the Fair Trading Act 1987 (WA).

The court considered whether the plaintiff's claims were arguable and, if so, whether the advocate's immunity applied. The court noted that advocate's immunity is a qualified immunity that applies to acts done in the course of advocacy, but it is not absolute. The court held that the plaintiff's claims were arguable because they alleged a breach of the defendant's duty of care in providing legal advice. However, the court also held that the advocate's immunity applied to the defendant's out-of-court work, including the advice given in relation to the settlement offer. The court further held that the advocate's immunity did not apply to the claim under the Fair Trading Act 1987 (WA) because that claim was not based on the defendant's advocacy work.

The court allowed the appeal, setting aside the orders striking out the plaintiff's claims and remanding the matter for further proceedings. The court held that the plaintiff's claims were not immune from liability and that the advocate's immunity did not apply to the claim under the Fair Trading Act 1987 (WA). The court also noted that the plaintiff's claims were not frivolous or vexatious and that there was a real prospect that they would succeed.