Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/8435
Title: Advocate's Immunity: What Makes Lawyers So Special?
Contributor(s): Werren, Julia C  (author); Kennedy, Amanda L  (author)
Publication Date: 2006
Handle Link: https://hdl.handle.net/1959.11/8435
Abstract: This paper will be directed to examine the nature of advocates' immunity in light of the recent High Court decision of D'Orta-Ekenaike v Victorian Legal Aid [2005]. This case upholds advocates' immunity from suit for work intimately connected with court proceedings. The proposed paper will explore the current extent of this immunity in Australia, canvassing the difficulties connected with ascertaining the extent of the immunity given that it is not a blanket immunity for lawyers in general. The paper will also take into account comparative perspectives from other professions, as well as considering advocates' immunity in overseas jurisdictions. Within this paper there will be a strong focus on the policy and social considerations relating to advocates' immunity that have been relied upon to justify the retention of this doctrine within Australia. The areas covered by this doctrine encompass topics such as professional negligence, social justice and litigation; however, this paper will be concerned only with the issue of professional negligence. The proposed paper will fit well within the ALTA Conference Theme 'One Law For All?', providing a timely consideration of whether there should be uniformity across professions as well as international jurisdictions with respect to advocates' immunity.
Publication Type: Conference Publication
Conference Name: 60th Annual ALTA Conference: 'One Law for All?', University of Waikato, New Zealand, 5th - 8th July, 2005
Conference Details: 60th Annual ALTA Conference: 'One Law for All?', University of Waikato, New Zealand, 5th - 8th July, 2005
Source of Publication: Australasian Law Teachers Association (ALTA) 2005 Conference Abstracts, p. 68-69
Publisher: ALTA Secretariat
Place of Publication: Online
Field of Research (FOR): 180111 Environmental and Natural Resources Law
HERDC Category Description: E3 Extract of Scholarly Conference Publication
Other Links: http://www.alta.edu.au/pdf/conference/published_abstracts/2005_alta_conference_abstracts.pdf
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