Lowbeer v De Varda

In *Lowbeer v De Varda*, the Supreme Court of Queensland was asked to determine whether a solicitor, Mr. De Varda, had breached his duty of care to his client, Ms. Lowbeer, by failing to advise her of the risks associated with a particular investment. Ms. Lowbeer alleged that Mr. De Varda's negligence in this regard caused her to suffer financial loss.

The central legal issue before the Court was whether Mr. De Varda had met the standard of care expected of a reasonably competent solicitor in advising Ms. Lowbeer about the investment. This involved considering the scope of the retainer, the nature of the advice required, and whether the solicitor had adequately identified and communicated the relevant risks to his client.

Dowdy J found that the retainer between Ms. Lowbeer and Mr. De Varda was broad enough to encompass advice on the risks of the investment. The Court held that a solicitor has a duty to advise their client on all material risks of a transaction that fall within the scope of the retainer, even if the client does not explicitly ask for such advice. In this instance, Mr. De Varda failed to adequately identify and communicate the specific risks associated with the investment, thereby breaching his duty of care. The Court concluded that this breach caused Ms. Lowbeer to suffer loss.