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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Across the Northern Rivers — from Lismore and Ballina to Byron Bay and Tweed Heads — people trust professionals with decisions that shape their health, finances, and futures. When that trust is misplaced and real harm follows, the law gives you a right to pursue accountability. Fair Go Australia works with clients across the region on a genuine no-win, no-fee basis. You don’t need to travel to Sydney to get specialist advice.
The Northern Rivers is a region that runs on professional relationships. Farmers rely on agricultural accountants. Families trust GPs and specialists at Lismore Base Hospital and Tweed Hospital. Property buyers lean on conveyancers and solicitors in a market where Byron Bay prices have made a wrong step genuinely costly. Retirees and small business owners depend on financial advisors.
When any of those professionals get it wrong — not just an honest mistake, but a failure that falls below the standard a reasonably competent practitioner should meet — NSW law provides a clear pathway to compensation.
The governing legislation is the Civil Liability Act 2002 (NSW), which works alongside the common law duty of care that the High Court articulated in Rogers v Whitaker (1992) 175 CLR 479. That case established that professionals are judged not by their own view of best practice, but by the standard an objective, competent peer in their field would apply. Location doesn’t change that standard. A professional in Lismore owes the same duty as one in Sydney.
Professional negligence takes many forms. These are among the most common claim types we see from clients across the Northern Rivers region.
Not every bad outcome from a professional relationship gives rise to a legal claim. Professionals can make honest errors and not be negligent. What matters is whether their conduct fell below the standard expected in their field — and whether that failure caused you real harm.
To succeed in a professional negligence claim under NSW law, four things generally need to be established:
If you’re unsure whether one of these elements applies to your situation, that’s precisely what the free evaluation is for. Many clients come to us not knowing whether they have a claim — our job is to give you a clear, honest assessment.
The time limit for professional negligence claims in NSW is set by the Limitation Act 1969 (NSW). In most cases, you have three years from the date you became aware — or ought reasonably to have become aware — of the negligence.
That discovery rule matters for many Northern Rivers claimants. Someone who received defective flood-related professional advice in 2022 may only have discovered the full consequences of that advice much later, when a property sale fell through or a building assessment was questioned. The limitation clock generally starts from that point of discovery, not the date the advice was given.
These distinctions are fact-specific and the case law is nuanced. If you have any doubt at all about where you stand, get advice promptly — because if the period has closed, your right to claim is almost certainly gone permanently.
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, 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.
You don’t need to be in Sydney to access specialist professional negligence representation. We work with clients across the Northern Rivers — Lismore, Ballina, Byron Bay, Tweed Heads, Murwillumbah, Casino — entirely remotely, with no compromise on communication or quality.
The process starts with a free, no-obligation case evaluation. One of our team will review what happened, identify whether the four elements of negligence are likely to be present, and give you a straight assessment of prospects. We won’t encourage you to proceed if the claim isn’t viable — that’s not how we work.
If your matter proceeds, we work on a genuine no-win, no-fee basis. We engage expert witnesses where required, manage correspondence with the professional and their insurer, and if negotiation doesn’t produce a fair outcome, we take the matter to the appropriate court — whether that’s the District Court of NSW or the Supreme Court of NSW.
Where a professional is also subject to regulatory oversight — through the Law Society of NSW, the Legal Services Commissioner, or AHPRA for health practitioners — we can advise on whether a parallel complaint process is appropriate alongside the civil claim.
The evaluation is free, no-obligation, and completely confidential. We handle everything remotely — no travel required. Tell us what happened and we’ll give you a clear, honest picture of where you stand. We respond to all enquiries within 1 business day.
Yes. Fair Go Australia works with clients across regional and remote NSW, including the Northern Rivers. All work is handled remotely — consultations, document exchange, and case management — so you don’t need to travel to Sydney or any major city. Distance does not affect the quality of your representation or your access to specialist advice.
In most cases, you have three years from the date you became aware — or ought reasonably to have become aware — of the negligence, under the Limitation Act 1969 (NSW). This is known as the ‘discoverability’ rule. For some claims, the starting point may be later than when the negligent act occurred. If you’re unsure where your limitation period sits, seek advice promptly — a missed deadline is very difficult to overcome.
A poor outcome doesn’t automatically mean negligence occurred. What matters is whether the professional’s conduct fell below the standard a reasonably competent practitioner in their field would have applied. Courts assess this against professional norms, guidelines, and expert evidence — not simply against what you might have expected. Our free evaluation assesses whether the standard of care was likely breached in your specific situation.
Not necessarily. Many professional negligence claims are resolved through negotiation or mediation before a hearing. Professionals carry professional indemnity insurance, and insurers often prefer to settle viable claims rather than incur the cost and uncertainty of litigation. That said, we prepare every matter as if it will go to court — that approach tends to produce better negotiated outcomes and means we are ready if a hearing is required.
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 and carries no obligation. If your claim proceeds and is successful, our fees are deducted from the compensation recovered. If the claim does not succeed, you owe us nothing.
Potentially, yes. Flood events can give rise to professional negligence claims where, for example, a conveyancer failed to advise on flood overlay or zoning restrictions before a property purchase, an engineer issued a defective flood assessment, or a financial or insurance adviser gave negligent advice about cover or recovery entitlements. These claims can be complex, and the limitation period may be running. Contact us for a specific assessment.
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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