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Professional Liability List
The Professional Liability List manages claims for financial loss against a professional for breach of duty in tort (e.g. negligence) or contract, related statutory breaches (e.g. misleading or deceptive conduct) and breach of equitable duties.
Claims against the following professionals are suitable for inclusion in the List:
- legal practitioners
- financial advisors (including accountants, financial planners, and finance brokers)
- insurance brokers and agents
- real estate agents and conveyancers
- taxation professionals
Claims against the following professionals are managed by other lists in the Court:
- medical and health practitioners (Personal Injuries List); and
- building, construction and engineering practitioners (Commercial Court).
Practice Note SC CL 5 provides information on the management of proceedings in the List.
Judge in Charge
The Honourable Justice Macaulay
Associate Judge in Charge
The Honourable Associate Justice Daly
Management of Cases
The Judge in Charge will give directions for the management of a proceeding in this List at a first directions hearing. The Court will contact the parties within 14 days after the filing of the first defence, and no summons for directions is necessary. Directions hearings are held at 9:30am on the third Friday of each month during Court sitting terms.
The Associate Judge in Charge assists the Judge in Charge in the management of cases in the List. The following matters will ordinarily be determined by the Associate Judge, unless the Judge in Charge orders otherwise:
- discovery disputes;
- disputes concerning the giving or adequacy of pleadings and particulars;
- applications for security for costs;
- the joinder of any parties;
- applications for strike out of proceedings or for summary judgment; and
- disputes concerning subpoenas.
Applications in relation to the above matters should be made on summons returnable before the Associate Judge in Charge. Before filing a summons, practitioners should contact the Associate to the Associate Judge in Charge to obtain a hearing date and time.
Further information and resources
- Practice Note SC CL 5 Professional Liability List
- Practice Note SC GEN 5 Guidelines for the Use of Technology
- Practice Note SC GEN 6 Judicial Mediation Guidelines
- Practice Note SC GEN 7 Transcript
For more information see judicial contacts.