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When a professional you trusted causes you real harm — financial loss, a health crisis that was never properly treated, a legal case that collapsed because of someone else’s mistake — the fallout can feel impossible to process. In Melbourne’s busy legal, medical, and financial landscape, professional negligence happens more often than most people realise. And more often than not, the person left carrying the consequences is the client.
If you’ve been let down by a solicitor who mishandled your property settlement, a financial adviser who steered you into investments that were never appropriate for your situation, or a GP who failed to refer you to a specialist when the signs were clearly there — you may have a professional negligence claim. Fair Go Australia works exclusively in this area of law. It’s all we do, and that focus means our clients get representation built on genuine depth, not a general practice with a negligence page on their website.
We operate on a no-win, no-fee basis and offer a free initial case evaluation. If you have questions about whether what happened to you crosses the legal threshold, start there.
At its core, a professional negligence claim arises when someone with specialist skill or knowledge — a lawyer, doctor, accountant, engineer, financial adviser — falls below the standard that a competent professional in their field would meet, and that failure causes you a measurable loss.
In Victoria, professional negligence law is primarily governed by the Wrongs Act 1958 (VIC), which sets the legislative framework for negligence claims including those arising from professional services. To succeed in a claim, four elements generally need to be established:
These four elements apply whether your claim involves a Melbourne solicitor, a surgeon at a private hospital, or a CBD accountancy firm.
Melbourne’s economy spans finance, construction, healthcare, technology, and law — all sectors where professional negligence claims arise with regularity. The types of claims we handle include:
If your situation involves a professional type not listed here, reach out anyway. The legal framework that governs professional negligence in Victoria applies broadly.
The Wrongs Act 1958 (VIC) is the primary legislative framework governing negligence claims in Victoria, including professional negligence. Part X of the Act sets the general negligence test, including the standard of care a professional must meet to avoid liability.
One area of the Act that is particularly relevant to professional negligence is the peer professional opinion defence under sections 59 to 61. Under these provisions, a professional may defend a negligence claim by demonstrating that their conduct was widely accepted by a significant number of respected practitioners in the same field as competent professional practice — provided that peer opinion is not unreasonable. The key word is “unreasonable”: Victorian courts are not bound to defer to what the profession says is acceptable if the evidence doesn’t support it.
What this means in practice is that expert evidence is crucial in Victorian professional negligence cases. Both sides typically engage expert witnesses from the relevant profession to give evidence about the applicable standard and whether it was met.
For legal profession claims, the regulatory body is the Victorian Legal Services Board + Commissioner. For medical claims, AHPRA is the national regulatory authority. Significant professional negligence cases in Victoria are typically heard in the Supreme Court of Victoria, with some matters proceeding in the County Court of Victoria depending on the amount in dispute.
Depending on your circumstances, the Australian Consumer Law (ACL) may also apply alongside the Wrongs Act framework, particularly where the professional services were provided in trade or commerce.
The limitation period is one of the most critical issues in any professional negligence claim, and it’s a question every potential claimant needs to get clarity on as soon as possible.
In Victoria, the general limitation period for professional negligence claims is 6 years from the date the cause of action arose — typically, the date of the negligent act or omission. However, for claims involving personal injury, a shorter period of 3 years applies from the date of discoverability: that is, the date you knew or ought reasonably to have known that you had a claim.
The discoverability rule matters enormously for medical and legal negligence claims, where the harm may not be immediately apparent. If a solicitor made an error in 2019 but you only discovered it when your case collapsed in 2022, the clock may have started running at the later date. But this is not something to assume — it depends on the facts of your situation and requires proper legal advice.
Courts do retain some discretion to extend limitation periods in narrow circumstances, but this is not a fallback to rely on. By the time you’re seeking an extension, you’re already in a more difficult legal position.
Act before time runs out. In Victoria, professional negligence claims must generally be commenced within 6 years (general claims) or 3 years (personal injury claims) from the date you became aware — or should reasonably 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.
Fair Go Australia’s professional negligence practice is built around a simple proposition: clients who have been harmed by a professional deserve specialist representation, without the financial risk of a win-or-lose legal bill sitting over their heads.
Here’s what working with us looks like in practice:
Melbourne clients don’t need to attend an office in person. Our team works with clients across Victoria remotely, which means geography is never a barrier. We operate nationally, and Melbourne is one part of a practice that handles claims across every Australian state and territory.
In terms of what you might recover, professional negligence compensation typically includes economic loss (the financial position you would have been in but for the negligence), consequential losses that flow from the original harm, out-of-pocket expenses incurred as a result, and — in some circumstances — general damages where the harm includes personal injury.
If you believe a professional in Melbourne has caused you harm, the first step is a conversation — and it won’t cost you anything. Our team responds within 1 business day. Everything you share is strictly confidential. There’s no obligation to proceed, and no cost attached to the evaluation itself.
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In most cases, 6 years from the date of the negligent act for general claims, or 3 years from the date of discoverability for personal injury claims, under the Limitation of Actions Act 1958 (VIC). Because the start of the clock depends on the specific facts of your case — including when you knew or ought to have known about the negligence — it’s important to get advice sooner rather than later. Limitation periods can extinguish your right to claim entirely if missed.
Fair Go Australia operates on a no-win, no-fee basis, which means you pay nothing unless your claim is successful. There are no upfront legal fees. At your free initial evaluation, we’ll explain how our fee structure works and what to expect financially before you commit to anything.
Yes, solicitors and barristers in Victoria owe a duty of care to their clients. Common claims involve missed limitation periods, errors in conveyancing, negligent litigation advice, or failure to advise on contract risks. Solicitor negligence claims are handled as civil claims in the courts — separate from any complaint to the Victorian Legal Services Board + Commissioner, which is a regulatory process and doesn’t result in financial compensation to you.
Under the Wrongs Act 1958 (VIC) and the principles established in Rogers v Whitaker, a professional must exercise the degree of care and skill that a reasonable, competent practitioner in that field would exercise. Importantly, this isn’t simply about what other professionals commonly do — the court can find a breach of duty even if the conduct was widespread in the profession, provided the prevailing practice was unreasonable. Expert evidence is central to establishing this.
No. We work with Melbourne and Victorian clients entirely remotely if that’s your preference. Calls, video conferences, and document exchange are all handled electronically. We operate nationally, and our professional negligence practice covers every state and territory — Melbourne is part of a wider practice, not a separate office.
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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