The long awaited judgment of Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16 was delivered by the High Court of Australia only moments ago.

The High Court (by majority), allowed the appeal.  In doing so, the High Court found the advocates’ immunity from suit:

  • extends to work done out of court which affects the conduct of the case in court or the resolution of that case by that court; yet
  • in the circumstances of the present case, did not extend to negligent advice given by a lawyer which leads to the settlement of a case by agreement between the parties embodied in consent orders.  This was because that advice was not intimately connected with the conduct of the case in court, as it did not contribute to a judicial determination of the issues.