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 you rely on a solicitor, financial adviser, doctor, or accountant — someone who holds themselves out as an expert — you trust that they know what they are doing. Most of the time, they do. But sometimes they don’t. And when a professional’s failure causes you real loss, the fact that it happened in Port Macquarie rather than Sydney doesn’t make your rights any less significant.
Fair Go Australia helps people across the Mid North Coast pursue professional negligence claims. We operate Australia-wide, and we handle regional NSW clients entirely remotely — no travel required, no compromise on quality.
What is professional negligence?
Professional negligence isn’t about a professional making a decision you disagreed with, or an outcome that simply didn’t go your way. It’s about a professional falling below the standard that a reasonably competent practitioner in their field would have met — and that failure causing you measurable loss.
Under the Civil Liability Act 2002 (NSW), four things generally need to be established: the professional owed you a duty of care; they breached the required standard; that breach caused your loss; and the loss is real and quantifiable. The High Court’s decision in Rogers v Whitaker (1992) 175 CLR 479 remains the foundational authority on how the standard of care is assessed in Australia — courts ask not what the professional believed was acceptable, but what a reasonable practitioner in their position would have done.
If your situation involves all four of those elements, you may have a claim worth pursuing.
Claim types
Solicitor and conveyancing negligence
Missed court deadlines that extinguish a legal right, defective advice on a property purchase, or a poorly drafted estate plan that costs a family significantly — solicitor negligence claims are among the most common we see. For a community with a large retiree population, estate planning and conveyancing errors carry particular weight.
Medical negligence
Delayed or missed diagnosis, surgical errors, and failures to refer to a specialist are all potential grounds for a medical negligence claim. Residents who have received care through the Mid North Coast Local Health District — or from a private practitioner in the region — have exactly the same right to hold negligent practitioners to account as anyone in a metropolitan centre.
Financial adviser negligence
If a financial adviser placed you in unsuitable investments, failed to recommend appropriate products, or mismanaged your self-managed superannuation fund, you may have a financial adviser negligence claim. This is especially relevant in a region where many residents are approaching or already in retirement.
Accountant negligence
Tax advice that generates an unexpected ATO liability, structuring advice that costs your business, or accounting errors that trigger penalties — these are recoverable losses where negligence can be established.
Engineer and building consultant negligence
Port Macquarie’s coastal environment and ongoing residential development make building and engineering negligence a real issue. Structural defects, inadequate flood or drainage assessments, and flawed construction certifications can all give rise to a claim.
NSW legislation
In New South Wales, professional negligence claims are governed primarily by the Civil Liability Act 2002 (NSW). The Act sets out how duty of care and breach of standard are assessed, and it places structure around damages — including how economic loss and pain and suffering are calculated.
For legal professionals specifically, the Law Society of NSW and the NSW Legal Services Commissioner have oversight roles. If your claim involves a solicitor or barrister, those bodies are relevant — both as a complaints avenue and as context for the standard of conduct expected.
For significant professional negligence claims, the Supreme Court of NSW is the appropriate forum. The District Court has a registry in Port Macquarie and handles matters within its jurisdictional limits. None of this means you need to understand the machinery of litigation before you take the first step — that’s what a free case evaluation is for.
Time limits — act now
In most cases, you have three years from the date you discovered — or should reasonably have discovered — the negligence to commence a claim. This is the discovery rule under the Limitation Act 1969 (NSW), and it matters enormously.
The clock doesn’t always start ticking on the date the negligence actually occurred. A conveyancing error may not surface until years later when a property title is re-examined. A misdiagnosis might not become apparent until the condition has significantly worsened. In those situations, the limitation period may begin later — but it still begins, and once it expires, it is extremely difficult to revive.
If you are unsure when the clock started, or whether your window is still open, the only safe course is to get advice now.
Act before time runs out
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
Start today — no obligation
If a professional in Port Macquarie or the surrounding region has caused you loss, you deserve to know where you stand. Our team will review your situation, explain your options honestly, and tell you whether a claim is worth pursuing — at no cost and with no obligation.
✔ No Win No Fee ✔ Free Evaluation ✔ Confidential ✔ Australia-Wide
We respond to all enquiries within 1 business day.
Common questions
Yes. Fair Go Australia handles professional negligence claims for clients across regional NSW entirely remotely. You do not need to attend any meetings in person. The full process — from initial evaluation through to resolution — is managed by phone, email, and secure document exchange.
Negligence isn’t just a bad outcome — it requires the professional to have fallen below the standard a reasonably competent practitioner in their field would have met, and for that failure to have caused you quantifiable loss. If you are unsure, the most practical step is to request a free case evaluation. We will ask the right questions and give you an honest assessment.
It depends on the complexity of the claim and whether it resolves through negotiation or proceeds to litigation. Many claims settle without reaching court — that process can take anywhere from several months to over a year. Contested matters that go to a full hearing take longer. We will give you a realistic timeframe once we understand the specifics of your situation.
Depending on your circumstances, you may be entitled to recover the financial loss directly caused by the negligence, consequential losses flowing from that failure, and in some cases damages for pain and suffering. The precise heads of damage available depend on the nature of the claim and the losses you can demonstrate. We will explain what is recoverable in your specific situation during the evaluation.
Yes. If your claim does not succeed, you do not pay our legal fees. You should be aware that in some circumstances other costs — such as court filing fees or expert reports — may apply, and we will explain those honestly upfront. But our legal fees are contingency-based: we are only paid if you win.
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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