Liprini v Hale

The appellant, Ms. Liprini, brought proceedings against the respondent solicitors, Hale, alleging negligence in their conduct of her claim under the *Family Provision Act 1982* (NSW). Ms. Liprini contended that the solicitors' failure to commence proceedings for a Family Provision Act claim against an estate prior to a mediation constituted a breach of their duty of care, arguing that there was a relevant risk of harm arising from this failure. The dispute ultimately centred on whether the solicitors' actions or omissions led to Ms. Liprini suffering a loss.

The Court of Appeal was required to determine several key legal issues. These included whether the solicitors breached their duty of care by not commencing the Family Provision Act proceedings before mediation, and if so, whether this breach caused Ms. Liprini to suffer loss. Specifically, the court had to consider whether a readily enforceable settlement was reached at mediation and if Ms. Liprini had a realistic chance of recovering the full settlement sum but for the alleged negligence, taking into account the actions of a third party. The court also considered the defence of proportionate liability under section 35 of the *Civil Liability Act 2002* (NSW), and whether advocate's immunity applied to the solicitors' conduct, particularly in relation to the resolution of proceedings by court decision and the exercise of independent discretion by a registrar in entering consent orders.

The Court of Appeal dismissed the appeal. The reasoning of the court, though not detailed in the provided text, would have addressed the elements of negligence, including duty, breach, causation, and damages, in the context of the specific facts. The court likely found that either no breach occurred, or that the alleged breach did not cause the loss claimed, or that the solicitors were protected by advocate's immunity. The defence of proportionate liability may also have been considered and found to be inapplicable or unsuccessful.

The appeal was dismissed with costs.