To ensure the Court can continue to deliver core and vital services during the coronavirus (COVID-19) pandemic, the Court has introduced a suite of changes to its processes and procedures.
The Professional Liability List provides for the just and efficient determination of proceedings involving claims for economic loss against a professional for breach of duty in tort, contract or related statutory contravention, or for 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)
- Building, construction and engineering practitioners (Commercial Court).
Practice Note SC CL 5 Professional Liability List (First revision) 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
Judicial Registrar Clayton
The Judicial Registrar will give directions for the management of a proceeding in the Professional Liability List at a first directions hearing . The Court will notify the parties of the date for first directions after the filing of the first defence , and no summons for directions is necessary. The types of matters to be addressed at a first directions hearing are referred to in Practice Note SC CL 5 Professional Liability List (First revision).
Parties are encouraged to seek consent orders on the papers in relation to interlocutory steps in the proceeding and setting the matter down for trial. Requests for consent orders are to be made to the list coordinator in accordance with Practice Note SC CL 5 Professional Liability List (First revision).
Parties may obtain a return date for any interlocutory applications by sending the Interlocutory Application Information Form to the list coordinator. A return date is required before an interlocutory application may be filed.
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Directions dates are subject to change.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcripts in Civil Proceedings (First revision).
Transcripts can be ordered from the Court’s transcript provider - Auscript on (03) 9672 5601. Fees apply and are available from Auscript. Please note that the Court generally requires that practitioners order running transcripts for trials. Orders for these transcripts must be placed with Auscript no later than 9 am of the date of the hearing or trial.
General enquiries in relation to the Professional Liability List should be directed to the list coordinator at email@example.com@ytilibail.lanoisseforp .
For more information see judicial support contacts.