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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Location Hub — Victoria
When a professional you trusted fails you, the consequences rarely stay contained. A solicitor who missed a critical filing deadline. A financial adviser who moved your retirement savings into something wholly unsuitable. A doctor who dismissed symptoms that turned out to be something serious. The harm is real — and in many cases, so is the legal right to be compensated for it.
Fair Go Australia works with Victorians who have been let down by professionals. We handle professional negligence claims across the state — from Melbourne’s inner suburbs to regional centres — and every initial evaluation is free of charge.
The Legal Foundation
Professional negligence occurs when a person who holds themselves out as having a special skill — a lawyer, doctor, accountant, financial adviser, or engineer — fails to meet the standard of care that a reasonably competent practitioner in their field would have met, and that failure causes you a measurable loss.
In Victoria, professional negligence claims are governed primarily by the Wrongs Act 1958 (VIC), which sets out the framework for assessing negligence in civil proceedings. The common law test — articulated by the High Court in Rogers v Whitaker (1992) 175 CLR 479 — remains central to how Victorian courts determine whether a professional has breached their duty of care.
The threshold is not perfection. Professionals are permitted to make judgment calls. The question is whether the professional fell below a standard the relevant profession would regard as acceptable. If they did, and you suffered a real loss as a result, there may be a claim worth pursuing.
Eligibility
Any person who engaged a professional — under a contract for services, or in circumstances where a duty of care clearly arose — and suffered loss because of that professional’s failure, may have grounds to claim. In Victoria, that covers a wide range of relationships.
Understanding whether your situation constitutes a breach of duty is the starting point. We explain what breach of duty means and how Victorian courts apply it on our legal concepts page.
Legislative Framework
Victoria has a distinct legislative framework for professional negligence that differs meaningfully from other Australian states. Understanding which laws apply to your situation matters — both for the strength of your claim and for the time you have to bring it.
Victoria's primary tort legislation. Governs how courts assess negligence and sets the standard of care. Part IVAA provides for proportionate liability in multi-party claims.
Applies to solicitor and barrister negligence in Victoria and NSW. Establishes the conduct standards against which legal practitioners are assessed.
Sets the timeframes for commencing claims. Six years (general) and three years (personal injury). The period may run from the date of discoverability, not the date of the negligent act.
May provide an additional avenue of redress where a professional service was provided under a consumer contract, particularly where misleading conduct is also in issue.
The Supreme Court of Victoria handles professional negligence claims of higher value or legal complexity. The County Court of Victoria deals with mid-range matters where the issues are more contained.
Time Limits — Act Now
This is the question that matters most in the immediate term — and the answer is more nuanced than most people expect.
For most professional negligence claims in Victoria, the limitation period under the Limitation of Actions Act 1958 (VIC) is six years from the date the cause of action arose. For claims involving personal injury — including many medical negligence matters — the limitation is reduced to three years.
What makes Victorian limitation law genuinely complex is the concept of discoverability. The clock does not necessarily start running from the date the professional made the error. In many cases, it starts from the date you discovered — or a reasonable person in your position ought to have discovered — that the negligence had occurred. If your solicitor’s mistake only became apparent years later, or a health complication was only later attributable to an earlier misdiagnosis, your claim may still be open.
⚠ Act before time runs out.
In Victoria, professional negligence claims must generally be commenced within six years for general claims, or three years for 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 immediately for a free assessment.
Claim Types
Fair Go Australia handles professional negligence claims across all the major professional categories in Victoria. If a professional owed you a duty and failed to meet it, we want to hear from you.
For information on what compensation may be recoverable, visit our page on economic loss claims.
Locations Served
Fair Go Australia assists Victorian clients from across the entire state — not just those based in Melbourne. All consultations can be conducted remotely, and you don’t need to attend a meeting in person to receive experienced specialist representation.
If your location is not listed, contact us regardless. We assist clients across all of Victoria, and distance has never prevented a strong claim from being properly pursued.
Regulatory Context
Understanding who regulates the professional who harmed you is important — not least because a regulatory complaint and a civil negligence claim are entirely separate processes with different outcomes.
The Law Institute of Victoria is the professional association for Victorian solicitors. Formal complaints about legal practitioner conduct are handled by the Victorian Legal Services Board + Commissioner. A disciplinary outcome does not result in compensation for your loss — that requires a separate civil claim.
The Australian Health Practitioner Regulation Agency oversees registration and conduct for doctors, nurses, and more than a dozen other health professions nationally. Victorian patients can lodge complaints through AHPRA. This is a regulatory mechanism — not a compensation avenue.
The Australian Securities and Investments Commission regulates financial advisers and can take action against those who engage in misconduct. Your compensation claim runs separately through the courts or through the Australian Financial Complaints Authority (AFCA).
These professional bodies set conduct standards for accountants and handle disciplinary matters. A professional conduct complaint may be appropriate, but it is distinct from a civil compensation claim and does not result in financial recovery for you.
Why Fair Go Australia
Professional negligence only. We don't handle family law, traffic matters, or conveyancing. Every matter we take on involves a professional who has failed a client.
There is no upfront cost. If your claim doesn't succeed, you pay nothing. We carry the financial risk because we only take on matters we believe in.
We cover all of Victoria — and the rest of the country — with a fully remote service. You don't need to travel to receive experienced specialist advice.
Start Today — It’s Free
If you believe a professional’s negligence has caused you real and measurable harm, the most useful thing you can do right now is speak to someone who can give you an honest assessment of where you stand.
The evaluation is free. It is confidential. There is no obligation to proceed. We respond within one business day.
✔ No Win No Fee · ✔ Free Evaluation · ✔ Confidential · ✔ Australia-Wide
We respond to all enquiries within 1 business day.
Frequently Asked Questions
Under the Wrongs Act 1958 (VIC) and the broader common law, professional negligence occurs when a person exercising a special skill fails to meet the standard of care a reasonably competent practitioner in their field would have met, and that failure causes the client a real loss. The standard is not perfection — it is the standard the profession itself would regard as acceptable in the circumstances.
In most cases, six years for general claims and three years for personal injury claims under the Limitation of Actions Act 1958 (VIC). Importantly, the period may run from the date you discovered — or reasonably ought to have discovered — the negligence, not from when the negligent act occurred. If you’re unsure whether your time has passed, get advice immediately. Missing the deadline can permanently extinguish your right to claim.
Yes. Solicitors and barristers in Victoria owe their clients a clear duty of care. Where that duty is breached — through negligent advice, a missed deadline, or a failure to act competently — a civil claim for compensation is available. The Victorian Legal Services Board + Commissioner handles disciplinary complaints separately, but financial compensation for your loss requires a civil negligence claim, not a regulatory complaint.
Medical negligence is a specific category within the broader field of professional negligence. The same legal framework applies — duty of care, breach, causation, and damage — assessed under the Wrongs Act 1958 (VIC) and the High Court’s principles from Rogers v Whitaker (1992) 175 CLR 479 and Chappel v Hart (1998) 195 CLR 232. The specific standards applied to medical professionals may differ in certain respects, but the underlying legal test is the same.
Yes. We assist Victorian clients across the entire state — including Geelong, Ballarat, Bendigo, Shepparton, the Latrobe Valley, and regional and remote communities. All consultations are available remotely. Distance has never prevented a strong claim from being properly pursued.
The Wrongs Act 1958 (VIC) is Victoria’s primary legislation governing civil liability for negligence. It establishes the framework within which courts assess whether a professional’s conduct fell below the required standard. Part IVAA of the Act deals with proportionate liability — meaning that where more than one professional contributed to your loss, each may only be held liable for their proportionate share of responsibility. This can affect how a claim is structured and which defendants are joined to the proceedings.
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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