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Professional negligence

When you or your business consults someone who has held themselves out to be a professional (for example a solicitor, accountant, financial advisor/planner, doctor, engineer), they have a duty to exercise reasonable care and skill in the provision of their professional services.

Where the professional fails to adhere to the standard of care and that failure results in a loss to you or your business, you may be entitled to recover compensation for professional negligence or for breach of contract.

Claims of this nature can be complex and the precise standard of care owed by a professional will vary in each situation. A professional will not be negligent simply because they have not attained the highest standards, nor will they be negligent for a mere error of judgment.

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12/10/2015 |
  Peter - Melbourne
Clayton Davis -
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It will up to the court to determine, usually after the receipt of expert evidence from other like professionals, what the standard of skill and expertise would be for a reasonably competent professional of similar experience.

Time limits apply to civil proceedings so if you or your business is affected by possible professional negligence, it is prudent to seek legal advice at an early stage.

The Stacks commercial litigation and dispute resolution team has the resources and experience to assist with the resolution of any professional negligence dispute affecting your business.
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