Jackson Lalic Lawyers Pty Ltd v Attwells

In *Jackson Lalic Lawyers Pty Ltd v Attwells*, the New South Wales Court of Appeal considered an appeal concerning the defence of advocates' immunity. The dispute arose from a claim brought by the respondents (plaintiffs) against the applicant (defendant), Jackson Lalic Lawyers Pty Ltd, alleging negligence in the conduct of legal proceedings. The primary judge had made orders on 17 October 2013, and the applicant sought to appeal these orders.

The central legal issue before the Court of Appeal was whether the respondents' claim for negligence was defeated by the doctrine of advocates' immunity. This involved determining whether the advice provided by the applicant was so intimately connected with the conduct of the proceedings that it fell within the scope of this immunity, particularly as the advice had led to the settlement of the proceedings by way of a consent order. The Court was asked to determine this as a separate question.

The Court of Appeal reasoned that advocates' immunity is a complete answer to a claim of negligence in the conduct of litigation. Applying this principle, the Court found that the advice given by the applicant was intimately connected with the conduct of the proceedings and therefore protected by advocates' immunity. Consequently, the Court answered the separate question in favour of the applicant.

The Court of Appeal granted the applicant leave to appeal and ordered that judgment be entered for the applicant in the proceedings. The respondents were ordered to pay the applicant's costs in both the Court of Appeal and the court below, with a provision for a certificate under the Suitors' Fund Act 1951 (NSW) if eligible.