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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NEW SOUTH WALES
When a professional you trusted gets it wrong — badly wrong — the fallout can reach further than most people expect. A solicitor who missed a critical deadline and cost you your day in court. A doctor who dismissed symptoms that turned out to be serious. A financial advisor whose recommendations wiped out savings it took you decades to build. These are not abstract legal scenarios. They are the kind of situations that upend people’s lives.
If that is where you are right now, you are not alone — and you may have more options than you realise.
Fair Go Australia works with specialist professional negligence lawyers across New South Wales, from Sydney CBD to regional centres well beyond the Great Dividing Range. We offer a free case evaluation with no obligation, and if your claim proceeds, we work on a no-win, no-fee basis. You carry enough already. The financial risk of pursuing your claim should not be added to it.
NSW PROFESSIONAL NEGLIGENCE LAW
Professional negligence is a civil cause of action that arises when a licensed or qualified professional fails to meet the standard of care their role demands — and that failure causes you a real, measurable loss.
Every professional — solicitor, doctor, financial planner, accountant, engineer — is expected to perform to the level of a reasonably competent practitioner in their field. Not the best. But competent. When they fall short of that standard in a way that harms you, the law provides a remedy.
In New South Wales, professional negligence claims are primarily governed by the Civil Liability Act 2002 (NSW), which codified and modified many of the common law principles that previously applied. Courts also draw on the High Court’s decision in Rogers v Whitaker (1992) 175 CLR 479 — a foundational authority establishing that a professional’s standard of care is assessed against the reasonable expectations of the profession, not simply what the profession itself considers acceptable.
To succeed in a professional negligence claim in NSW, four elements must generally be established:
Duty of care
The professional owed you a legal duty of care.
Breach
They fell below the expected standard of a competent practitioner.
Causation
That breach caused your loss — not merely preceded it.
Damage
You suffered real, quantifiable harm as a result.
Establishing causation and quantifying loss is often where claims are won or lost — and where the quality of specialist legal representation makes a genuine difference.
CLAIM TYPES
Fair Go Australia assists NSW clients with claims across the full range of professional negligence. Each situation is different — if yours is not listed here, it is still worth a conversation.
Legal professionals owe their clients a high standard of care. When a solicitor misses a limitation period, gives incorrect advice on a property transaction, or fails to disclose a litigation risk that later materialises, the consequences can be severe and permanent. Solicitor negligence is among the most common professional negligence matters in NSW.
A misdiagnosis, a delayed diagnosis, a surgical error, a failure to obtain informed consent — medical negligence takes many forms. The Civil Liability Act 2002 (NSW) includes specific provisions for health professionals. These cases require careful analysis, but they are brought and won regularly.
Financial advisors are required to act in your best interests. When they place you in unsuitable investments, fail to disclose conflicts of interest, or ignore your stated risk tolerance, the financial damage can be severe. ASIC licensing requirements set the standard — departures from it can form the basis of a claim.
Tax advice that triggers an ATO audit. Business structuring recommendations that expose you to personal liability. Failure to advise on the tax consequences of a transaction. Accountant negligence often emerges gradually, which makes the limitation period provisions all the more critical to understand.
Structural defects, design failures, inadequate certification — negligence by engineers, certifiers, and building professionals has generated some of the most significant professional negligence claims in NSW in recent years, particularly across the apartment construction sector.
Design errors that cause structural problems, significant cost overruns, or buildings that cannot be used for their intended purpose are a recognised basis for professional negligence claims against architects in NSW.
LEGISLATION
Professional negligence law in New South Wales operates across several pieces of legislation. Understanding which apply to your situation is part of what a specialist lawyer assesses from the outset. The key instruments are below.
The primary statute governing professional negligence claims in NSW. It governs how courts assess breach of duty, contributory negligence, proportionate liability (Part 4), and damages. The proportionate liability provisions are particularly significant where multiple defendants are involved — a situation that arises regularly in complex building and financial advice matters.
Sets the time limits for commencing claims. The standard limitation period for professional negligence in NSW is three years from the date of discoverability — from when you knew, or reasonably should have known, about the negligence. A 12-year longstop also applies. Understanding exactly when your limitation period began to run is a critical early step in any claim.
Applies specifically to claims against solicitors and barristers in NSW and Victoria. It governs the obligations of legal practitioners and is directly relevant to establishing the standard of care in claims against legal professionals.
Expert evidence is central to most professional negligence claims. The Evidence Act governs how expert opinion is admitted in NSW courts. The requirements for expert witnesses have become increasingly exacting following the High Court’s direction in Dasreef Pty Ltd v Hawchar [2011] HCA 21.
Where professional services are supplied in trade or commerce, the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) may provide an additional or alternative basis for a claim — particularly for misleading conduct or failures of statutory guarantees. Claims are typically commenced in the Supreme Court of NSW or the NSW District Court depending on the quantum of damages sought.
TIME LIMITS
In most cases: three years from when you discovered — or reasonably should have discovered — the negligence. That time limit is set by the Limitation Act 1969 (NSW).
The discoverability principle sounds straightforward. In practice, it creates genuine ambiguity. Courts can and do find that a claimant ought to have known about a problem earlier than they actually realised it. The clock starts when a reasonable person in your position would have recognised that something had gone wrong — not just when you personally understood it.
A 12-year longstop also applies under the Limitation Act 1969 (NSW). Once 12 years have passed from the date of the negligent act itself, the right to claim is extinguished regardless of when the harm was discovered. For claims involving latent building defects, separate provisions may apply under the Home Building Act 1989 (NSW) and the Design and Building Practitioners Act 2020 (NSW).
The practical takeaway is simple: if you think something went wrong, do not wait.
Act before time runs out. In NSW, professional negligence claims must generally be commenced within 3 years of the date you became aware — or reasonably should have become aware — of the negligence, under the Limitation Act 1969 (NSW). 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.
WHERE WE WORK
Fair Go Australia assists clients across all of New South Wales. Geography is not a barrier — the majority of our work is handled remotely, with no impact on the quality of advice or representation you receive. Whether you are five minutes from the Supreme Court or several hours from the nearest specialist lawyer, we can help.
Greater Sydney and surrounds
Regional NSW
Wherever you are in NSW, contact us — we have yet to find a corner of the state we cannot reach.
REGULATORY OVERSIGHT
A civil negligence claim and a regulatory complaint are different things. A civil claim seeks financial compensation through the courts. A complaint to a regulatory body may result in disciplinary action against the professional — but it will not recover your losses. A specialist lawyer can advise you on which pathway, or combination of pathways, makes sense.
Oversees solicitors and barristers in NSW under the Legal Profession Uniform Law (NSW). Regulatory complaints and civil claims are separate pathways — a civil negligence claim seeks financial compensation, a regulatory complaint addresses professional conduct. Both can be pursued at the same time.
Regulates medical practitioners, nurses, and allied health professionals nationally, including in NSW. A complaint to AHPRA does not recover your losses. A civil negligence claim through the courts is the appropriate avenue for financial compensation.
Regulates financial advisors and planners under the Corporations Act 2001 (Cth). ASIC action and a civil negligence claim can both proceed from the same set of facts and are not mutually exclusive.
Engineers Australia is the peak body for engineers. NSW Fair Trading has jurisdiction over building practitioners under the Design and Building Practitioners Act 2020 (NSW). CPA Australia and Chartered Accountants Australia and NZ oversee the accounting profession.
WHY FAIR GO AUSTRALIA
There is no shortage of law firms in New South Wales. What is harder to find is a team that focuses exclusively on professional negligence, understands the specific legislative and evidentiary requirements of NSW claims, and will take on your case without asking you to carry the financial risk.
If your claim does not succeed, you pay us nothing. Our fees are only deducted from the compensation recovered if your claim wins. We carry the financial risk so you do not have to.
We do not take on every type of legal claim. Professional negligence is what we do. That focus means we understand the legislative framework, the evidentiary requirements, and the realistic prospects of different types of NSW claims.
We work with clients across Greater Sydney and every region of NSW. You do not need to travel. The majority of our work is conducted remotely by phone, email, and video call, with no impact on quality.
Your initial case evaluation is free, confidential, and carries no obligation. If you decide not to proceed after speaking with us, that is entirely your call. We respond to all enquiries within 1 business day.
FREE CASE EVALUATION
A free case evaluation costs you nothing and tells you something genuinely useful: whether what happened to you is likely to amount to a professional negligence claim, and what your realistic options are. No pressure, no commitment, and nothing to lose by asking.
We respond to all enquiries within 1 business day.
FREQUENTLY ASKED QUESTIONS
Any licensed or qualified professional who owes you a duty of care can potentially be the subject of a professional negligence claim. This includes solicitors, barristers, doctors, specialists, nurses, financial advisors, accountants, engineers, architects, and building certifiers. These professionals hold themselves out as qualified experts and are paid to provide that expertise — the law holds them to that standard.
The standard limitation period in NSW is 3 years from the date you discovered — or reasonably should have discovered — the negligence, under the Limitation Act 1969 (NSW). A 12-year longstop applies from the date of the negligent act. If you are uncertain whether your limitation period is still open, seek advice now rather than later. Waiting until you are sure is often how the deadline gets missed.
It means you pay no legal fees unless your claim succeeds. If it does succeed, our fees are deducted from the compensation recovered. If it does not, you owe us nothing. This arrangement removes the financial barrier that stops many people from pursuing legitimate claims — and it means we only take on cases we genuinely believe have merit.
Yes. Fair Go Australia assists clients across all of New South Wales, including regional and remote areas. Most of our work is conducted remotely — by phone, email, and video call — with no impact on quality. You do not need to travel to Sydney or any other major centre to access specialist help.
Professional negligence is a civil claim brought in court, seeking financial compensation for losses caused by a professional’s failure. Professional misconduct is a disciplinary matter for the relevant regulatory body — the Law Society of NSW for solicitors, AHPRA for health practitioners, ASIC for financial advisors. A misconduct finding may lead to suspension or deregistration, but does not compensate you. Both pathways can be pursued at the same time.
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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