Professional Negligence

Professial service advisors claim to have specialist expertise, and are often placed in positions of trust making their clients especially vulnerable.  The outcome for their clients can be catastrophic if the professional advisor fails to exercise the required level of care and diligence or uses their trusted position to gain a benefit for themselves or to cause detriment to their clients.   Typical examples of where Williams + Hughes can assist are:

  • where a lawyer has given wrong or inadequate legal advice, or hasn't properly drafted a legal document, causing you loss;
  • where a lawyer has sued the wrong party or missed an important deadline, or done something without proper instructions;
  • where a lawyer has acted for more than one person in a transaction, but favoured one person against the other;
  • where an accountant has given you wrong tax advice or has failed to tell you of the tax consequences of a transaction;
  • where an accountant has reviewed a proposed business transaction and made serious mistakes in the financial analysis;
  • where valuers have failed to made adequate enquiries about factors that may impact on a business or land valuation, such as new competition entering the market or a large local employer downsizing or local planning restrictions;
  • where valuers have given a misleading valuations based on other sales that are not truly comparative;
  • where a financial advisor has recommended products that are too risky for your investment profile;
  • where a financial advisor makes investment recommendations that benefit the advisor, at the client's expense.

 

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  • Acted for Administrators of an Estate, obtaining judgement and an order for account in the Supreme Court against the deceased's former solicitor
  • Acted in a claim for negligence against a large firm of financial advisors, successfully resolving the dispute on the first day of trial
  • Successfully defended an accountant in multiple Supreme Court and District Court actions for negligence and breach of fiduciary duty
  • Acted for a claimant in District Court proceedings against the client's former solicitor who had gone into business with the client and breached his duties in doing so.  Settled the dispute favourably for the client
  • Acted successfully for liquidators in negligence proceedings against a finance group's auditors, for failing to detect misappropriation of funds by the group's officers
  • Successfully acted for an accountant in defending Supreme Court proceedings alleging breach of fiduciary duties, negligence, breach of contractual obligations and misleading and deceptive conduct
  • Acted against a planner in relation to road plans in the development of a shopping centre
  • Acted for a financial advisor defending multiple claims in the District and Supreme Court alleging negligence and breach of duty relating to claimed inappropriate investments
  • Successfully sued a client's former solicitor for negligent work and failing to meet important deadlines thus causing the client to lose his case
  • Obtained indemnity costs orders in the Supreme Court directly against another party's solicitor for his actions in causing wasted costs to our client

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