1300 660 884By Winterkorn Legal Group We rely on professionals because they know things we don’t. We trust a solicitor to get […]
October 18, 2026
By Winterkorn Legal Group We rely on professionals because they know things we don’t. We trust a solicitor to get […]
By Winterkorn Legal Group
We rely on professionals because they know things we don't. We trust a solicitor to get the contract right, an accountant to structure our tax affairs properly, a valuer to tell us what a property is really worth, and a financial adviser to recommend investments that suit our circumstances.
Most of the time, that trust is well placed. But when a professional gets it wrong, the consequences can be serious: a lost deposit, an unexpected tax bill, a loan secured on an inflated valuation, or an inheritance that never arrives.
If you have suffered a financial loss because of a professional's mistake, you may have a claim for professional negligence. This article explains how those claims work in Queensland, what you need to prove, and the deadlines you cannot afford to miss.
What is professional negligence?
Professional negligence occurs when a person who provides a professional service fails to exercise the level of care and skill reasonably expected of a competent member of that profession, and that failure causes loss.
It is important to understand what professional negligence is not. A bad outcome, on its own, is not negligence. Professionals are not guarantors of results. A lawyer can run a case competently and still lose; an investment can fall in value even when the advice was sound. The question is whether the professional's conduct fell below the required standard, not simply whether things turned out badly.
Professional negligence claims can arise against almost any professional adviser, including:
Claims against medical practitioners are also a form of professional negligence, but they involve personal injury and are governed by separate procedures, including the pre-court steps in the Personal Injuries Proceedings Act 2002 (Qld). This article focuses on claims for financial loss.
To succeed, you generally need to establish four things.
The professional must have owed you a duty to take reasonable care. If you were their client, that duty usually arises both under the contract (the retainer or engagement) and in negligence.
Sometimes a duty can also be owed to people who were not the client. The best-known example is Hill v Van Erp [1997] HCA 9, a Brisbane case in which the High Court held a solicitor liable to an intended beneficiary who lost her gift because the will was not properly witnessed. That duty is narrow. In Badenach v Calvert [2016] HCA 18, the High Court confirmed that it extends only to taking reasonable care to benefit the intended beneficiary in the way identified in the will-maker's instructions.
You must show that the professional fell below the standard of a reasonably competent practitioner in their field. This usually requires independent expert evidence from someone in the same profession.
In Queensland, section 22 of the Civil Liability Act 2003 (Qld) gives professionals an important defence. A professional does not breach their duty if they acted in a way that, at the time, was "widely accepted by peer professional opinion by a significant number of respected practitioners in the field as competent professional practice".
That defence has limits:
You must prove that the breach actually caused your loss. Under section 11 of the Civil Liability Act, this has two parts:
Causation is often the battleground in these cases. A common argument is: "Even with the right advice, you would have done the same thing." The court decides that question subjectively, by asking what you would have done. However, any statement you make after the loss about what you would have done is generally inadmissible unless it is against your own interest. That means contemporaneous documents, such as emails, file notes and instructions, are often critical.
Finally, you must have suffered a real, measurable loss. Typical losses include money paid out, lost value, tax penalties and interest, the cost of fixing the problem, and in some cases a lost commercial opportunity.
In Queensland, a claim in contract or negligence for financial loss (not personal injury) must generally be brought within six years from the date the cause of action arose (Limitation of Actions Act 1974 (Qld) s 10). Claims involving personal injury generally have a three-year limit.
Working out when time started running is not always simple:
Pinpointing when loss was first suffered can be contested, and Queensland courts have divided on the issue in latent defect cases. In addition, Queensland's extension provisions for personal injury claims do not generally assist claims for purely economic loss.
The practical lesson is simple: if you suspect a professional has made a mistake, get advice promptly. A strong claim that is brought out of time may be lost entirely.
Other issues that can affect your claim
More than one professional may be responsible. In Queensland, claims for economic loss or property damage arising from a breach of a duty of care are generally "apportionable claims". In practice, each wrongdoer is usually liable only for their share of the loss. This makes it important to identify and pursue every party who may have contributed, such as both a valuer and a broker, or both an accountant and a lawyer. Different rules can apply to consumer claims and personal injury claims.
Your own conduct matters. If you contributed to your loss, for example by ignoring advice or withholding information, your damages may be reduced.
Liability may be capped. Many professionals, including lawyers, accountants and engineers, belong to professional standards schemes that can limit the amount of damages recoverable. Engagement letters may also contain clauses that limit liability.
Barristers and solicitors in court. Advocates have a limited immunity from negligence claims for work done in court, and work intimately connected with it, that leads to a judicial decision. The High Court has made clear that the immunity is narrow, so it does not protect every litigation error.
Insurance. Most professionals hold professional indemnity insurance. This often means a valid claim can be met, but it also means you will usually be dealing with an experienced insurer and its lawyers.
What should you do if you think a professional has been negligent?
Many claims are resolved without going to trial, through negotiation with the professional's insurer or through mediation. A well-prepared claim, supported by documents and expert evidence, puts you in the strongest position to negotiate.
How long do I have to sue for professional negligence in Queensland?
For financial loss, generally six years from when the cause of action arose under section 10 of the Limitation of Actions Act 1974 (Qld). In contract, time usually runs from the breach; in negligence, from when you first suffered loss. Personal injury claims generally have a three-year limit. Seek advice early because the start date can be disputed.
Can I sue my lawyer for negligence?
Yes. Solicitors owe their clients a duty to exercise reasonable care and skill. Common claims involve conveyancing errors, missed deadlines, poorly drafted documents and incorrect advice. A limited immunity applies to some work done in court.
Can I sue an accountant or financial adviser?
Yes, if their advice or work fell below the standard of a competent practitioner and caused you financial loss. Claims against financial advisers may also involve statutory obligations and external dispute resolution options, such as the Australian Financial Complaints Authority (AFCA).
In most cases, yes. Courts usually need independent evidence from a practitioner in the same field to decide whether the professional's conduct met the required standard.
Can a beneficiary sue the solicitor who prepared a will?
In limited circumstances. If a gift fails because the solicitor did not take reasonable care to give effect to the will-maker's instructions, the intended beneficiary may have a claim, as in Hill v Van Erp.
What if I was partly at fault?
Your damages may be reduced to reflect your share of responsibility, but this does not necessarily defeat your claim.
How Winterkorn Legal Group can help
Winterkorn Legal Group acts for individuals and businesses on the Gold Coast and throughout Queensland in professional negligence and commercial disputes. We can:
If you believe you have lost money because of a professional's mistake, contact our team to arrange a confidential consultation. Time limits apply, so early advice matters.