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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Compliance & Qualification
Most people who come to us have already done the hard part. They’ve lived through whatever happened — the misdiagnosis, the missed deadline, the investment that collapsed, the advice that cost them everything. What they’re trying to work out now is whether what they have in their hands — the letters, the reports, the records — is enough to do something about it.
A claim is not won on what happened—it is won on what can be established to the satisfaction of a court. Understanding the threshold for admissibility is the first step toward justice.
The Evidence Act 1995 (Cth) is the primary federal legislation governing how evidence is gathered, presented, and assessed. While it applies directly to Federal and High Court proceedings, most Australian states (NSW, VIC, ACT, TAS, NT) have adopted “Uniform Evidence Legislation” that mirrors this Act almost exactly.
Of the Act codifies the civil standard: Is it more likely than not that the professional's failure caused your loss? This is a more achievable threshold than the criminal "beyond reasonable doubt," but it requires robust admissible evidence to satisfy the court.
1
While hearsay is generally excluded, the Business Records Exception is vital. Clinical notes, financial reports, and engineer filings regularly “get in the door” as records kept in the course of professional duties.
2
Most cases turn here. Under the landmark Dasreef v Hawchar [2011] ruling, an expert must not only hold specialized knowledge but clearly demonstrate the reasoning connecting that knowledge to their conclusion.
3
Documents created for the dominant purpose of legal advice or litigation are protected. This ensures your private instructions to your lawyer remain confidential throughout the claim process.
We review your documents and timeline against the four pillars of negligence: Duty of Care, Breach, Causation, and Loss.
Our specialist team will tell you honestly whether your matter has the evidentiary support to succeed.
Free. Confidential. No obligation.
We respond within 1 business day · No obligation · Completely confidential
Common questions
Yes. In a solicitor negligence claim, you are generally entitled to your own file. Those notes often form the core evidence of the case.
Courts take this seriously. Under the Jones v Dunkel principle, the court may draw an “adverse inference,” effectively assuming the missing evidence would have hurt the professional’s case.
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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