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BN Family Law Principal Will Stidston and BN Insurance & Health Principal Julie Kinnear sat down for an in-depth discussion on the recent High Court decision in R Lawyers v Mr Daily [2025] HCA 41. BN successfully acted for the solicitors, R Lawyers, in this significant case.
The High Court's judgment reaffirms the importance of establishing compensable loss in negligence claims against solicitors and provides valuable guidance on causation, counterfactuals, and limitation periods. This decision has implications for both family lawyers and professional indemnity practitioners, particularly in matters involving binding financial agreements under the Family Law Act 1975 (Cth).
In this video discussion, Will and Julie explore:
- The background and litigation journey through the Federal Circuit and Family Court of Australia, the Full Court, and ultimately the High Court.
- The key findings on causation, loss, and when a cause of action accrues.
- Practical takeaways for family lawyers, including the types of evidence required to defend negligence claims and proactive steps when drafting financial agreements.
Watch the full discussion below to gain insights into how this landmark decision shapes practice in both family law and professional indemnity.
See our detailed case note on this decision, Causation, counterfactuals and proof: High Court reaffirms the importance of establishing compensable loss in solicitors negligence claims.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
