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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When a professional you trusted makes a serious mistake — and that mistake costs you — the aftermath can feel overwhelming. Maybe your solicitor missed a critical court deadline and your case was struck out before it could be heard. Maybe a doctor failed to order the right tests and your condition deteriorated while months passed. Maybe your financial adviser placed you in products entirely wrong for your circumstances, and you only found out when the damage was already done.
Whatever happened, you are not imagining it. And if you are here, you are probably trying to work out whether you have a real claim and what to do next.
Fair Go Australia is a specialist professional negligence platform. We work exclusively on professional negligence claims — not general personal injury, not family law, not anything else. Our legal team operates Australia-wide, and we assist Newcastle and Hunter Region clients remotely with no need to travel to Sydney.
Professional negligence in Newcastle
Newcastle is NSW’s second city — a growing metropolitan centre with a substantial professional services economy built on healthcare, mining and resources, construction, finance, and law. The Hunter Region employs thousands of professionals across these sectors, and the overwhelming majority of them do their jobs properly.
But not all of them do.
When a professional falls below the standard that a reasonably competent practitioner in their field would have met, and that failure causes you measurable loss, the law recognises your right to claim compensation. That framework applies in Newcastle the same as it does in Sydney or anywhere else in the country.
The High Court’s decision in Rogers v Whitaker (1992) 175 CLR 479 is the cornerstone of professional negligence law in Australia. It established clearly that professionals must act with the care and skill expected of a reasonable practitioner in their field — and that the standard is set by the courts, not by what the profession itself might consider acceptable. If the professional who harmed you did not meet that standard, there may well be a claim worth pursuing.
What we handle
Professional negligence can arise in any field where someone relies on specialist expertise. In Newcastle and across the Hunter Region, the claims we handle most commonly involve the following.
Missing a limitation period, negligent advice on a property transaction, or failure to properly execute a will or estate plan. Newcastle-based legal practitioners are subject to the same professional standards as all NSW solicitors under the Legal Profession Uniform Law (NSW). Legal negligence can be financially catastrophic.
Misdiagnosis, delayed diagnosis, surgical errors, or failure to advise a patient of material risks before a procedure. Rogers v Whitaker remains directly relevant to patients harmed by inadequate care within the Hunter New England Health network or by private practitioners in the region.
Unsuitable investment advice, failure to disclose conflicts of interest, or recommending products that were inappropriate for your financial situation. Given the significant wealth held in the mining and resources sector across the Hunter, these claims are not uncommon.
Errors in tax advice, failure to identify GST obligations, or negligent preparation of financial statements that triggered ATO scrutiny or financial penalties.
Structural design failures, inadequate site assessments, or certification of work that did not meet the required standard. Newcastle's ongoing urban renewal and construction activity means these disputes arise with some regularity.
Placing clients in loan products unsuitable for their financial position, failing to disclose key terms, or misrepresenting a client's financial position to a lender.
Your legal rights in NSW
In NSW, professional negligence claims are governed primarily by the Civil Liability Act 2002 (NSW). The Act sets the framework for establishing negligence — including how the standard of care is assessed, how causation must be proved, and how damages are calculated.
For a claim to succeed, four elements generally need to be established:
The Supreme Court of NSW sits at Newcastle via its Newcastle Registry and handles serious professional negligence matters. The District Court of NSW at Newcastle handles claims within its jurisdictional limits. Which court your matter proceeds in will depend on the nature and quantum of the claim — something our team will assess as part of the initial evaluation.
Where a claim involves the conduct of a solicitor, the Legal Profession Uniform Law (NSW) provides an additional layer of professional conduct obligations. Breaches of those obligations can be relevant to establishing that the standard of care was not met.
Time limits — act now
In most professional negligence matters in NSW, you have 3 years from the date you discovered — or should reasonably have discovered — the negligence to commence a claim. This is set out in the Limitation Act 1969 (NSW).
That discoverability trigger matters. Time does not necessarily run from the date the negligent act occurred — it runs from when you knew, or ought reasonably to have known, that the professional’s conduct fell short and caused you loss. In some cases, particularly a delayed diagnosis or a long-running financial advice relationship, the gap between the act and the discovery can be significant.
What the limitation period is not, however, is generous. Three years passes faster than most people expect, particularly when you are dealing with the practical and emotional fallout of being seriously harmed. Extensions are available in narrow circumstances, but they are not guaranteed and should never be relied upon as a safety net.
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 limitation period is still open, contact our team for a free assessment as soon as possible.
How we work
Working with Fair Go Australia does not require you to travel to Sydney. We assist clients across Newcastle, the Hunter Valley, and surrounding areas entirely remotely — with no reduction in quality or communication. Most matters are handled by phone and secure email from start to finish.
We start with a no-obligation assessment of your situation. You tell us what happened; we tell you honestly whether there is a claim worth pursuing and what it would likely involve. No pressure, no commitment.
If you proceed, we work with you to gather the evidence needed — medical records, financial statements, expert opinions, correspondence, and anything else relevant to establishing what went wrong and what it cost you.
Most professional negligence matters do not go to court. A well-constructed letter of demand, backed by solid evidence, often results in settlement. Our team handles all communications with the professional and their insurer.
Where settlement cannot be reached, we pursue the matter through the appropriate court — the Supreme Court of NSW or the District Court sitting at Newcastle. Our no-win, no-fee commitment applies throughout.
The no-win, no-fee arrangement means you pay nothing unless your claim succeeds. There are no upfront costs and no financial risk to pursuing an evaluation.
Take the first step
If a professional in Newcastle or the wider Hunter Region has caused you serious loss, you may have a legal right to compensation. The first step is finding out for certain.
Our free case evaluation is confidential, obligation-free, and handled by specialists in professional negligence. We respond to all enquiries within 1 business day.
Common questions
Yes. Solicitors practising in Newcastle are subject to the same professional standards as all NSW legal practitioners under the Legal Profession Uniform Law (NSW). If your solicitor’s negligence caused you measurable financial loss — a missed deadline, a botched transaction, deficient advice — you may have a claim. The NSW Legal Services Commissioner also handles complaints about solicitor conduct separately from the civil negligence process.
Generally 3 years from the date you discovered, or should reasonably have discovered, the negligence — under the Limitation Act 1969 (NSW). This is not a soft guideline; missing it typically extinguishes your right to claim permanently. If you are unsure where you stand, get advice as soon as possible.
No. Fair Go Australia operates Australia-wide and assists Newcastle clients entirely remotely. You do not need to leave the Hunter Region to access specialist legal representation. Most matters are handled by phone and email with no impact on quality or outcome.
Nothing upfront. We work on a no-win, no-fee basis — you pay no legal costs unless your claim succeeds. The initial evaluation is completely free. If the claim proceeds and you win, our fees are deducted from the compensation recovered. If it does not succeed, you owe us nothing.
A member of our team will review your circumstances and respond within 1 business day. If your matter has merit, we will outline the options available to you and what the next steps would look like — clearly, without obligation, and without pressure.
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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