NSW Bar Exam Practice Questions - New South Wales Bar Examination Exam

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A former client sues a barrister in negligence, alleging the barrister negligently conducted the cross-examination at trial, which led to an adverse verdict. Applying D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1, what is the likely outcome?

The claim succeeds because advocates owe their clients the same duty of care as any other professional The claim is barred by advocate's immunity because the conduct is intimately connected with the conduct of the case in court The claim is barred only if the barrister also acted as the instructing solicitor Advocate's immunity was abolished in Australia, so the claim proceeds on its merits

Correct Answer:

The claim is barred by advocate's immunity because the conduct is intimately connected with the conduct of the case in court

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