Donnellan v Woodland

In *Donnellan v Woodland*, the New South Wales Court of Appeal considered a claim brought by the plaintiff, Ms. Donnellan, against her former legal practitioner, Mr. Woodland. Ms. Donnellan alleged that Mr. Woodland had been negligent in his advice concerning an application under section 88K of the *Conveyancing Act 1919* (NSW). The application, which sought to impose an easement, was ultimately unsuccessful.

The central legal issues before the Court of Appeal were whether Mr. Woodland's advice constituted negligence, and crucially, whether the doctrine of advocates' immunity, as affirmed in *D'Orta-Ekenaike v Victoria Legal Aid*, protected him from liability. The court was required to determine the scope of advocates' immunity and whether the alleged negligent conduct related to decisions affecting the conduct of the case in court, thereby engaging the principle of finality of litigation.

The Court of Appeal allowed the appeal, setting aside the orders made by the court below and entering judgment for the defendant, Mr. Woodland. The court reasoned that the plaintiff's claim was barred by the doctrine of advocates' immunity. The alleged negligence related to advice given in relation to court proceedings and the conduct of the case, which fell within the ambit of the immunity designed to ensure the finality of litigation. Consequently, the plaintiff was ordered to pay the defendant's costs of the appeal and the proceedings at first instance.