Markisic & Anor v Middletons Lawyers & Ors

The applicants, Markisic and another, brought proceedings against Middletons Lawyers and others, alleging professional negligence. The dispute concerned the conduct of legal practitioners in relation to a previous litigation matter. The High Court of Australia was required to consider the appeal from the decision of the Full Court of the Supreme Court of Victoria.

The central legal issue before the High Court was whether the applicants had established a cause of action for professional negligence against the respondents. Specifically, the court had to determine if the applicants could demonstrate that the conduct of Middletons Lawyers fell below the standard of reasonable care and skill expected of a legal practitioner, and if that conduct caused them loss.

The High Court affirmed the principles of professional negligence, reiterating that a plaintiff must prove not only that the legal practitioner acted negligently but also that such negligence caused them damage. The court found that the applicants had failed to establish the necessary causal link between the alleged negligence of Middletons Lawyers and any loss suffered. The conduct of the lawyers, when assessed against the standard of reasonable care, did not amount to negligence in the circumstances of the prior litigation.

Consequently, the High Court dismissed the appeal, upholding the decision of the Full Court of the Supreme Court of Victoria.