Dunn v Firth

The appeal in *Dunn v Firth* concerned a dispute arising from a solicitor's alleged negligence in advising a client regarding her workers compensation entitlements. The client, Ms. Dunn, had suffered an injury at work and sought legal advice from Mr. Firth. The core of the dispute revolved around whether Mr. Firth had adequately informed Ms. Dunn of her common law rights and the election provisions available to her under the *Workers Compensation Act 1987* (NSW). The appeal was heard by Beazley and Tobias JJA and Davies AJA.

The legal issues before the court were twofold. Firstly, the court was required to determine whether the solicitor, Mr. Firth, had breached his duty of care to Ms. Dunn by failing to properly advise her on her statutory entitlements and the implications of any election she might make under the *Workers Compensation Act 1987*. Secondly, the court had to consider whether the trial judge had erred in their assessment of both economic and non-economic loss awarded to Ms. Dunn.

The Court of Appeal found that the solicitor had indeed breached his duty of care. The reasoning focused on the solicitor's obligation to provide clear and comprehensive advice regarding the client's rights and the consequences of her choices under the relevant legislation. The court determined that the advice provided was insufficient, leading to a failure to properly protect the client's interests. Consequently, the court allowed the appeal, setting aside the original judgment and entering a new verdict and judgment in favour of the appellant, Ms. Dunn, for a specified sum. Ms. Dunn was also awarded costs for both the proceedings below and the appeal.