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TASMANIA — LOCATION HUB
When a professional you trusted gets it seriously wrong, the fallout rarely stays contained. It spreads — into your finances, your health, your plans, your sense of what’s recoverable. If you’re in Tasmania and trying to work out whether what happened to you crosses the line into legal negligence, you’re in the right place.
Fair Go Australia works with clients across Tasmania — Hobart, Launceston, Devonport, and well into the regions — on a no-win, no-fee basis. You don’t need to be near a capital city law firm to get proper advice. Most of what we do is handled remotely, without any drop in quality or communication.
UNDERSTANDING YOUR RIGHTS
Professional negligence isn’t just about making a mistake. Every professional makes mistakes. The question is whether the mistake fell below the standard that a reasonably competent practitioner in that field would have met — and whether that failure actually caused you harm.
In Tasmania, professional negligence claims are governed by the Civil Liability Act 2002 (TAS) alongside the common law principles that have developed over decades of Australian court decisions. The High Court’s decision in Rogers v Whitaker (1992) 175 CLR 479 remains the foundational authority on professional duty of care — establishing that the standard is determined by what a reasonable professional would do, not merely what one particular profession considers acceptable practice.
Disputes of this kind, when they reach the courts, are heard in the Supreme Court of Tasmania.
LEGAL FRAMEWORK
A Tasmanian professional negligence claim draws on several pieces of legislation. You don’t need to memorise any of them — but understanding what each one does helps frame what a claim actually looks like.
Civil Liability Act 2002 (TAS)
The main statute governing the standard of care expected of professionals, how contributory negligence is assessed, and the principles used to calculate damages. Most professional negligence claims in Tasmania are shaped — at least in part — by this Act.
Limitation Act 1974 (TAS)
Sets the time limits within which a claim must be commenced. Miss the deadline and, in most cases, the right to claim is permanently lost. This is not a technicality — it has real consequences.
Legal Profession Act 2007 (TAS)
Governs the conduct and professional obligations of Tasmanian lawyers, including the standard of service clients are entitled to expect.
Australian Consumer Law (ACL)
Applies nationally and may be relevant where professional services were supplied in trade or commerce. Can run alongside a negligence claim or provide an alternative pathway.
Evidence Act 2001 (TAS)
Governs how expert evidence is adduced in court. In professional negligence cases, expert evidence is often central — an independent expert opinion on whether the professional met the required standard is frequently what the case turns on.
TIME LIMITS
In Tasmania, the time you have to bring a claim depends on the nature of the loss:
General negligence claims: 6 years from the date the cause of action accrued.
Personal injury claims: 3 years from the date of discoverability
The clock generally starts when you knew — or ought reasonably to have known — that negligence had occurred
Latent harm cases (defects that took years to appear, conditions that developed slowly) may have different accrual rules
The discoverability rule matters a great deal in practice. Time limits in Tasmania can be genuinely complex. The safe position is always to get advice before assuming you’re outside the window.
⏱ Act before time runs out
In Tasmania, professional negligence claims must generally be commenced within 6 years for general claims, or 3 years for personal injury claims, under the Limitation Act 1974 (TAS). The clock generally starts from when 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.
CLAIM TYPES WE HANDLE
The types of claims we assist with reflect the full range of professionals Tasmanians rely on. Select any category below to find out more.
When a lawyer misses a limitation period, gives negligent advice on a property transaction, conducts litigation incompetently, or fails to explain the legal risks of a decision — the financial consequences can be severe. The Law Society of Tasmania handles professional conduct complaints, but a regulatory complaint doesn’t return your money. For compensation, a civil negligence claim is the mechanism.
Misdiagnosis, delayed diagnosis, surgical errors, inadequate post-operative care, or failure to obtain informed consent — medical negligence claims require careful analysis of whether the treating clinician met the standard reasonably expected of someone in their position. The High Court confirmed in Chappel v Hart (1998) 195 CLR 232 that causation in informed consent cases turns on what the patient would have done had they been properly advised. AHPRA regulates health practitioners nationally; disciplinary proceedings and a civil claim are entirely separate processes.
Being placed in unsuitable investments, receiving advice that didn’t account for your risk profile, or losing substantial capital because your adviser failed to act in your best interest — these situations may support a civil negligence claim. ASIC is the relevant national regulator and the Australian Consumer Law may also apply where services were provided in trade or commerce.
Errors in tax returns, failure to advise on ATO compliance obligations, or negligent business structuring advice that triggered penalties, assessments, or financial loss — accountants owe their clients a genuine duty of care, and when they fall short, a claim is often available.
Structural design failures, negligent certification, defective inspections — these claims arise regularly in Tasmania, particularly given the volume of residential construction and rural infrastructure projects across the state. The High Court’s decision in Perre v Apand Pty Ltd (1999) 198 CLR 180 extended the reach of negligence law to pure economic loss, directly relevant to many building professional claims.
Architects, surveyors, valuers, IT consultants, and other professionals can all be the subject of a negligence claim if they owed a duty of care, breached it, and caused you measurable loss. If you’re unsure whether your situation qualifies, the free case evaluation is the right starting point.
WHERE WE WORK
Fair Go Australia works with clients across the whole of Tasmania. You don’t need to be in Hobart or have a local solicitor to access specialist professional negligence advice. Most of our work is conducted without the need for an in-person meeting — phone, video conference, and digital document exchange are standard practice, and they work well.
Professional negligence lawyers Launceston
Professional negligence lawyers Devonport
Burnie and the North West — fully serviced remotely
Regional and rural Tasmania — Huon Valley, Derwent Valley, King Island, Flinders Island, the East Coast
Clients in regional parts of Tasmania are not disadvantaged. Our remote service model has been refined over years of working with Australians who simply can’t walk into a specialist firm’s office.
WHO REGULATES PROFESSIONALS IN TASMANIA
Tasmanian claimants sometimes contact a professional regulator first — which is understandable. But it’s worth understanding what a regulator can and cannot do.
Regulatory bodies investigate professional conduct and can impose disciplinary sanctions — including suspension, deregistration, conditions, or reprimand. What they cannot do is award you compensation. A finding against a professional by their regulator, while it may be useful evidence in a civil claim, does not put money back in your pocket.
Fair Go Australia works with clients across the whole of Tasmania. You don’t need to be in Hobart or have a local solicitor to access specialist professional negligence advice. Most of our work is conducted without the need for an in-person meeting — phone, video conference, and digital document exchange are standard practice, and they work well.
Fair Go Australia works with clients across the whole of Tasmania. You don’t need to be in Hobart or have a local solicitor to access specialist professional negligence advice. Most of our work is conducted without the need for an in-person meeting — phone, video conference, and digital document exchange are standard practice, and they work well.
For financial compensation, the pathway is a civil negligence claim — not a regulatory complaint.
WHY FAIR GO AUSTRALIA
We work on professional negligence claims only. This is a specialist field — it requires knowledge of the applicable legislation, the relevant case law, and the tactical realities of pursuing a claim against a professional with their own insurer and legal team. General practitioners don’t always have it. We do.
A successful professional negligence claim requires four things to line up: the professional owed you a duty of care; they fell below the standard reasonably expected of someone in their position (breach); that failure caused your loss (causation); and the loss is real and quantifiable (damages). The High Court’s analysis in Tabet v Gett (2010) 240 CLR 537 confirms that causation is not always straightforward — and getting it right matters.
Our free case evaluation is exactly what it says. No cost, no obligation, and no pressure. We’ll assess whether the four elements are likely to be present, give you an honest view of the claim, and explain what the process looks like from there. We respond to all enquiries within one business day.
Everything is confidential. Everything is Australia-wide. And if your claim doesn’t succeed, you don’t pay us.
✔ No Win No Fee ✔ Free Evaluation ✔ Confidential ✔ Australia-Wide
FREQUENTLY ASKED QUESTIONS
✔ No Win No Fee ✔ Free Evaluation ✔ Confidential ✔ Australia-Wide
The information on this page is general in nature and does not constitute legal advice. Limitation periods, legislative provisions, and eligibility criteria vary depending on individual circumstances. You should obtain independent legal advice before taking or refraining from any action. Fair Go Australia connects individuals with specialist professional negligence lawyers — it is not a law firm.
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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