D'Orta-Ekenaike v Victoria Legal Aid & Anor

The High Court of Australia considered an appeal from the Court of Appeal of Victoria concerning a claim for damages for professional negligence brought by the appellant, Ms D'Orta-Ekenaike, against Victoria Legal Aid and a solicitor employed by it. Ms D'Orta-Ekenaike alleged that the solicitor's negligent advice regarding her prospects of success in a personal injuries claim led her to discontinue that claim, thereby suffering loss.

The central legal issue before the High Court was whether the solicitor owed a duty of care to Ms D'Orta-Ekenaike in providing advice about the prospects of her personal injuries claim, and if so, whether that duty had been breached. The Court was required to determine the scope of the duty of care owed by a legal practitioner to their client in circumstances where the client relies on the practitioner's assessment of the merits of their case to make a decision about whether to pursue or discontinue legal proceedings.

The High Court, by majority, held that a solicitor does owe a duty of care to their client to exercise reasonable skill and care in advising on the prospects of a case. This duty extends to advising on the likelihood of success and the potential consequences of discontinuing proceedings. The Court affirmed that the standard of care required is that of a reasonably competent solicitor. In this instance, the Court found that the solicitor's advice, which was found to be negligent, had caused Ms D'Orta-Ekenaike to suffer loss.

The High Court allowed the appeal, finding that Ms D'Orta-Ekenaike had established a case for professional negligence. The matter was remitted to the Supreme Court of Victoria for an assessment of damages.