Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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Trusting a professional with something important — your health, your finances, your property, your legal rights — takes real courage. When that trust is broken through carelessness or a failure to meet basic professional standards, the consequences can follow you for years. If you’re dealing with the fallout of a professional’s negligence in Busselton or anywhere in the South West WA region, you don’t have to navigate it alone — and you don’t have to travel to Perth to get the right legal help.
Professional negligence occurs when a professional — a lawyer, doctor, accountant, financial adviser, or building consultant — fails to meet the standard of care their profession demands, and that failure causes you measurable harm. It’s not about a bad outcome or a difference of opinion. It’s about conduct that falls below what a competent professional in the same field would reasonably have done.
In Western Australia, these claims are governed by the Civil Liability Act 2002 (WA). The Act sets out the legal framework for establishing negligence: the professional must have owed you a duty of care, they must have breached that duty, and that breach must have caused your loss. All three elements need to be present for a claim to proceed.
Busselton’s mix of tourism, agriculture, property development, and a growing permanent population means residents here deal with the full range of professional services — and unfortunately, the full range of professional failures. Distance from Perth is not a factor in whether you can pursue a claim. We conduct all initial consultations remotely and manage the full claims process without requiring you to leave the South West.
Professional negligence takes many forms. The following are the types of claims we most commonly handle for clients in Busselton and the surrounding region:
The Civil Liability Act 2002 (WA) is the foundation of professional negligence law in this state. Under the Act, a professional is held to the standard of a reasonably competent practitioner in their field — not perfection, but a genuine and competent standard of care.
To establish a successful claim, four things generally need to be shown: the professional owed you a duty of care; they breached that duty by falling below the required standard; the breach caused your loss; and your loss is of a kind that the law recognises as compensable. Courts in WA take a practical approach to these questions, looking at what a reasonable professional in the same position would have done.
For serious or high-value claims, matters are typically heard in the Supreme Court of Western Australia. Legal professionals in WA are regulated by the Law Society of Western Australia, which can also be relevant where solicitor conduct is at issue alongside a negligence claim.
This is one of the most important questions to get right — and one of the most common sources of genuine risk for claimants who delay seeking advice.
Under the Limitation Act 2005 (WA), the time limits for professional negligence claims are:
The discovery rule matters. The clock doesn’t necessarily start from when the negligence occurred — it starts from when you knew (or should have known) that you had suffered loss as a result of a professional’s failure. However, this rule has limits and doesn’t extend time indefinitely. Courts assess the question objectively, and the uncertainty around when time begins to run is itself a reason to seek legal advice promptly.
⚠ Act before time runs out
In WA, professional negligence claims must generally be commenced within 3 years (personal injury) or 6 years (economic loss) of the date you became aware — or reasonably should have become aware — of the negligence. Missing this deadline can permanently extinguish your right to claim. If you are unsure whether your limitation period is still open, contact our team for a free assessment as soon as possible.
We don’t have a shopfront in Busselton — but that hasn’t stopped us from helping clients across regional WA pursue claims and secure fair outcomes. Everything we do can be handled by phone or video, from the initial case evaluation through to settlement or trial.
Our focus is narrow by design. We handle professional negligence claims only, which means we’re not a generalist firm that picks this up occasionally. We know the legislation, the case law, and the litigation process specific to these claims — and we apply that knowledge on behalf of every client, wherever they are in Australia.
If your claim is assessed as having merit, we take it on a no-win, no-fee basis. You pay nothing upfront and nothing if the claim is unsuccessful. Our fee is agreed in advance and drawn from any compensation recovered — so you can pursue your claim without taking on further financial risk at an already difficult time.
You don’t need to have all the answers before you speak to us. We’ll listen to your situation and give you an honest assessment of whether you have grounds to proceed — at no cost and with no obligation. We respond within one business day.
Most professional negligence claims in WA resolve before they reach a courtroom. Settlement negotiations — often involving the professional’s insurer — are a standard part of the process, and many clients reach a resolution at that stage. Litigation is an option if a fair settlement isn’t achieved, but it’s not the automatic path. Your lawyer will advise on the most appropriate strategy based on the strength of your claim and the conduct of the other side.
No. There is no legal requirement that your lawyer be based in Busselton or even in Western Australia, provided they are admitted to practise in the relevant jurisdiction. Fair Go Australia handles claims for clients across regional WA entirely by phone and video. All documentation is managed electronically, and you won’t need to attend a Perth office.
Under our no-win, no-fee model, there is no upfront cost to pursue a claim. If your claim is accepted, our fee is agreed before we begin and is contingent on a successful outcome — meaning we only get paid if you do. We’re transparent about this from the first conversation. For a detailed breakdown of how costs work, speak to our team at the free case evaluation stage.
Under the Limitation Act 2005 (WA), the limitation period is 3 years for personal injury claims and 6 years for economic loss claims. In both cases, the period generally runs from when you discovered — or reasonably should have discovered — the negligence, not necessarily from when it occurred. This distinction can be significant, but the window is not open-ended. If you’re unsure whether your time limit is still running, seek advice as soon as possible.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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