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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NSW — Illawarra Region
When a professional you trusted gets it badly wrong, the fallout rarely stays contained. A misdiagnosis that cost you months of treatment. A solicitor who missed a filing date and ended your case before it started. A financial planner who placed your retirement savings into something wholly unsuitable. These aren’t abstract legal problems — they’re situations that turn people’s lives upside down.
If you’re dealing with something like this in the Illawarra, you’re not without options. Fair Go Australia specialises exclusively in professional negligence claims across NSW and Australia-wide. You don’t need to drive to Sydney. Most of what we do is handled remotely, without compromising the quality of advice or representation you receive.
About professional negligence
The Illawarra is home to a large, diverse professional services sector — medical specialists and GPs across Wollongong and the surrounding suburbs, solicitors and barristers operating out of Crown Street, financial planners and accountants servicing the region’s working and retired population, engineers and certifiers tied to the region’s ongoing residential and commercial development.
When those professionals fall below the standard their clients are entitled to expect, civil law provides a pathway to compensation. Under the Civil Liability Act 2002 (NSW) and the common law duty of care framework — confirmed by the High Court in Rogers v Whitaker (1992) — professionals are required to exercise the standard of skill and care a reasonable practitioner in their field would. Where they don’t, and where that failure causes real harm, a negligence claim may be available.
The standard isn’t perfection. A bad outcome on its own isn’t negligence. What matters is whether the professional’s conduct fell below what their peers would reasonably have done in the same circumstances.
What we handle
Professional negligence takes many forms. Some of the more common situations our clients bring to us from the Illawarra region include:
This list isn’t exhaustive. If a professional was engaged to provide advice or a service and you believe their failure caused you measurable harm, it is worth having your situation properly assessed.
Eligibility
Four things generally need to be established before a professional negligence claim can succeed:
If you are not sure whether your situation meets these criteria, our Claim Eligibility Checker can walk you through the key questions at no cost and with no obligation.
Legal framework
Professional negligence claims in NSW are governed primarily by the Civil Liability Act 2002 (NSW), which sets out how courts assess breach and causation in negligence matters. The Act operates alongside the common law standard confirmed in Rogers v Whitaker — that a professional must exercise the degree of care and skill expected of a competent practitioner in their field.
Litigated matters in NSW are typically heard in the District Court or the Supreme Court of NSW, depending on the quantum of the claim. For claims involving solicitors or barristers, the Law Society of NSW and the Legal Services Commissioner NSW also have a regulatory role — though it is important to understand that a disciplinary complaint and a civil negligence claim are separate processes. A complaint to the Law Society may result in a disciplinary outcome for the professional, but it will not recover your losses. A civil claim is what does that.
In NSW, professional negligence claims must generally be commenced within 3 years of 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 window is still open, contact our team for a free assessment as soon as possible.
NSW limitation period
This is one of the most important questions to get right — and one of the most misunderstood.
Under the Limitation Act 1969 (NSW), professional negligence claims must generally be commenced within 3 years of the date you became aware — or should reasonably have become aware — of the negligence. The clock typically runs from the point of discovery, not necessarily the date the negligent act occurred. In some circumstances, that distinction matters enormously.
What it does not mean is that you have unlimited time to act once you become aware. Once you know — or reasonably should have known — the clock is running. If you are uncertain whether your limitation period is still open, that uncertainty is itself a reason to seek advice now rather than later. Missing the deadline generally extinguishes your right to claim permanently, with very limited scope for extension in most circumstances.
Why choose us
We work exclusively on professional negligence claims — it is all we do. That focus matters when you are dealing with a complex dispute against a professional who has their own insurer, their own legal team, and a strong interest in minimising what they pay you.
Our no-win, no-fee model means you carry no financial risk upfront. If your claim doesn’t succeed, you don’t pay us. The initial case evaluation is free and carries no obligation — it’s designed to give you a clear picture of where you stand before you commit to anything.
For Illawarra residents, our remote service model means the absence of a local office is not a disadvantage. The great majority of our work is conducted without in-person meetings, and our clients in Wollongong, Shellharbour, Kiama, and across the region receive exactly the same quality of advice and representation as those in Sydney.
If you believe a professional has failed you, the first step is a conversation. We’ll tell you honestly whether we think there is a claim worth pursuing — and if there isn’t, we’ll tell you that too.
Take the first step
No obligation. No upfront cost. We will assess your situation honestly and tell you where you stand.
Common questions
Yes. Fair Go Australia operates Australia-wide and the vast majority of our client work is handled remotely. You do not need to travel to Sydney or attend any in-person meetings. Whether you are in Wollongong, Kiama, Shellharbour, or further south toward Nowra, we can assist you from the outset without you leaving the region.
Medical negligence, solicitor negligence, and financial adviser negligence are among the most commonly pursued claim types. Claims against accountants, engineers, building certifiers, and conveyancers also arise regularly. The claim type matters less than whether the four core elements — duty of care, breach, causation, and loss — can be established on the facts of your situation.
Generally, 3 years from the date you became aware — or should reasonably have become aware — of the negligence, under the Limitation Act 1969 (NSW). This is not always straightforward to calculate, particularly where the harm emerged gradually or the professional concealed the failure. If you have any uncertainty about your timeline, seek advice without delay.
It means you pay no legal fees unless your claim succeeds. If we take on your matter, we carry the financial risk of the litigation. If your claim is successful, our fees are deducted from the compensation recovered. If the claim does not succeed, you owe us nothing. There are no upfront costs and no hidden charges.
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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