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MORNINGTON PENINSULA · VICTORIA

Professional negligence lawyers Mornington Peninsula

When a professional gets it wrong, the consequences don’t stay on paper. A misdiagnosis can mean months — or years — of avoidable suffering. A solicitor’s missed deadline can cost you a case you should have won. A financial adviser’s bad advice can hollow out savings you spent decades building. If something like this has happened to you on the Mornington Peninsula, you’re not alone — and you may have the right to claim compensation.

Fair Go Australia acts exclusively for people in your position. We handle professional negligence claims across Victoria and the whole of Australia, entirely remotely. There’s no need to travel to Melbourne. Everything is handled by phone and online, without any compromise to the quality of your representation.

✔ No Win No Fee    ✔ Free Evaluation    ✔ Confidential    ✔ Australia-Wide

PROFESSIONAL NEGLIGENCE

What is professional negligence?

Professional negligence occurs when someone you trusted — and paid — to deliver a competent service falls below the standard a reasonably skilled practitioner in their field would have met. It’s not about a bad outcome on its own. It’s about whether the professional exercised the level of care and skill their role demands.

In Victoria, professional negligence claims are primarily governed by the Wrongs Act 1958 (VIC) and the principles established in the High Court’s landmark decision in Rogers v Whitaker (1992) 175 CLR 479 — still the foundational authority on duty of care in Australian professional negligence law.

Three things need to come together for a claim to succeed: the professional owed you a duty of care, they breached that duty by falling below the expected standard, and that breach directly caused you a loss you can put a figure on. If those elements line up, there is likely a claim worth pursuing.

WHAT WE HANDLE

Types of professional negligence claims we handle on the Mornington Peninsula

The Peninsula has a broad professional services sector — from conveyancers and financial planners handling retirement assets, to GPs and specialists, builders certifying coastal properties, and solicitors advising on everything from family law to business transactions. Any of them can get it wrong.

  • Solicitor negligence — a missed court deadline, poor advice on a contract, a failed property conveyance, or a badly drafted agreement that exposed you to liability
  • Medical negligence — a misdiagnosis or delayed diagnosis, a surgical complication that should have been avoided, or a failure to refer you to the right specialist in time
  • Financial adviser negligence — unsuitable investment products recommended without proper assessment, failure to disclose risk, or advice that ignored your retirement timeline
  • Accountant negligence — tax errors that triggered an ATO audit or penalty, incorrect business structuring advice, or inadequate reporting that cost your business money
  • Building and engineering negligence — structural defects, design failures, or certification sign-offs on work that didn't meet required standards
  • Conveyancing negligence — title problems, settlement failures, or contract errors that should have been identified before you signed

If your situation doesn’t fit neatly into one of these categories, that doesn’t mean there isn’t a claim. Get in touch and we’ll assess it properly.

ELIGIBILITY

Do you have a professional negligence claim on the Mornington Peninsula?

You don’t need to have this figured out before you call us. But if you’re asking yourself whether your situation might amount to a claim, here are the four elements a court will look at:

  • Duty of care — the professional had a recognised obligation to act in your interest. This is usually straightforward when you've engaged and paid someone for a service.
  • Breach of duty — their conduct fell below what a competent practitioner in their field would have done in the same circumstances.
  • Causation — the breach directly caused your loss. It's not enough that something went wrong; their failure needs to be the reason you're worse off.
  • Quantifiable loss — you suffered a real and measurable harm, whether financial, physical, or otherwise.

If you’re reading this and thinking “that sounds like what happened to me” — trust that instinct. A free evaluation costs nothing and gives you a clear picture of where you stand.

THE PROCESS

How to make a professional negligence claim in Victoria

Most people who come to us have never been through this before. The process is more straightforward than it can appear from the outside.

  • Free case evaluation — You speak with our team, explain what happened, and we assess whether the elements of a claim are present. No cost, no obligation, and everything you tell us is confidential.
  • Evidence gathering — We work with you to collect the relevant records: contracts, correspondence, medical files, financial statements, expert reports.
  • Letter of demand — A formal letter is sent to the professional and their professional indemnity insurer, setting out the basis of your claim and the compensation being sought.
  • Negotiation or litigation — The majority of professional negligence claims in Victoria settle before reaching a courtroom. If needed, we proceed in the Supreme Court of Victoria or County Court of Victoria.
  • Resolution — Compensation is agreed or awarded, and the matter is closed.

Act before time runs out.In Victoria, professional negligence claims must generally be commenced within 6 years of the negligent act — or 3 years for personal injury claims — under the Limitation of Actions Act 1958 (VIC). The clock may run from the date you discovered, or should reasonably have discovered, 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.

ACT NOW — TIME LIMITS APPLY

How long do you have to make a claim in Victoria?

Victorian limitation periods are governed by the Limitation of Actions Act 1958 (VIC). The general rule is:

  • 6 years from the date of the negligent act for most professional negligence claims
  • 3 years from the date of discovery for personal injury claims

The discovery rule means the clock may not start running until you became aware — or should reasonably have become aware — that something went wrong. This can work in your favour if the negligence only became apparent some time after the fact. But it’s not a reason to delay. Limitation periods are not flexible once they expire, and establishing when time began to run can itself be a legal question worth getting advice on early.

WHY CHOOSE US

Why Mornington Peninsula residents choose Fair Go Australia

  • We only do this. Professional negligence is all we handle — not a general practice that picks up the occasional negligence matter. That focus matters when the other side has a specialist insurer behind them.
  • No win, no fee — genuinely. If your claim doesn't succeed, you don't pay us. We carry the financial risk alongside you.
  • You don't need to come to Melbourne. We work entirely remotely — phone, video, and email. Peninsula residents are assisted throughout without leaving home.
  • We know Victorian law. The Wrongs Act 1958 (VIC), the Limitation of Actions Act 1958 (VIC), the Law Institute of Victoria's professional standards — we work with these daily.
  • We act exclusively for claimants — never for professionals or their insurers. There is no conflict. Our only interest is the best possible outcome for you.

FREE CASE EVALUATION

Get a free case evaluation on the Mornington Peninsula

If a professional has let you down, you don’t have to accept it. Our team responds to all enquiries within 1 business day. The evaluation is free, confidential, and carries no obligation — it simply gives you a clear picture of where you stand and what your options are.

Get a Free Case Evaluation
Use our Claim Eligibility Checker

✔ No Win No Fee    ✔ Free Evaluation    ✔ Confidential    ✔ Australia-Wide

COMMON QUESTIONS

Professional negligence claims on the Mornington Peninsula — frequently asked questions

Any professional who owes a duty of care to their client may be subject to a negligence claim if they breach that duty and cause loss. This commonly includes solicitors, medical practitioners, financial advisers, accountants, engineers, architects, and conveyancers. The key is that the professional was providing a service in a recognised capacity — not just giving informal advice over a fence.

In Victoria, the general limitation period is 6 years from the date of the negligent act, or 3 years from discovery for personal injury claims, under the Limitation of Actions Act 1958 (VIC). If you’re unsure when your period began to run — or whether it’s still open — the safest thing you can do is get advice now. The deadline is absolute once it passes.

No. Fair Go Australia operates entirely remotely. Mornington Peninsula clients are assisted by phone, video, and email throughout the entire process — from initial evaluation through to resolution. You are not disadvantaged in any way by being outside the CBD.

It means you pay no legal costs unless your claim succeeds. The initial evaluation is completely free. If your claim proceeds and you receive compensation, our fees are deducted from what is recovered. If the claim does not succeed, you owe us nothing. There are no upfront costs and no hidden charges.

This depends entirely on the nature and extent of your loss. Compensation may cover financial loss directly caused by the negligence, legal costs incurred as a result, loss of opportunity, and in some cases consequential losses. The amount is assessed on the facts of your specific situation — a free case evaluation will give you a realistic picture of what may be recoverable in your circumstances.

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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