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When a professional you trusted gets it seriously wrong, the fallout can be devastating. Whether it was a solicitor who mishandled your case, a financial adviser who steered you toward investments that collapsed, or a doctor whose misdiagnosis left you worse off than you needed to be — the damage is real, and you deserve to know where you stand.
Fair Go Australia connects people across Queensland with specialist professional negligence lawyers who understand what is at stake. We handle cases throughout the Darling Downs region and broader Queensland, with an Australia-wide network of experienced legal professionals. If you are in Toowoomba or the surrounding areas and you believe a professional has failed you, this page explains your rights, what Queensland law says, and how to take the next step.
Professional negligence claims in Queensland are primarily governed by the Civil Liability Act 2003 (QLD). This legislation sets out how courts assess whether a professional’s conduct fell below the expected standard, and the framework for awarding compensation.
To succeed in a negligence claim in Queensland, you generally need to establish four elements:
In medical negligence matters, the peer professional opinion defence under section 22 of the Civil Liability Act 2003 (QLD) may be raised by defendants. Our lawyers understand these nuances and can assess whether your circumstances give rise to a viable claim.
For claims involving financial professionals, ASIC and the Australian Financial Complaints Authority (AFCA) may also be relevant alongside any civil claim. Complex matters may ultimately be heard in the Supreme Court of Queensland.
Timing is critical in professional negligence cases. Queensland’s limitation rules are set out in the Limitation of Actions Act 1974 (QLD). In most professional negligence matters, you have three years from the date you discovered — or should reasonably have discovered — the negligence to commence proceedings.
The clock does not always start running on the day the professional made their error. It may start when you realised the advice was wrong, when a second opinion revealed the problem, or when a concrete loss first materialised.
Act before time runs out.
In Queensland, 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 (Limitation of Actions Act 1974 (QLD)). 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.
Fair Go Australia’s network of specialist professional negligence lawyers works with clients throughout Toowoomba and the broader Darling Downs region. Distance is not a barrier — we can handle your matter remotely with the same level of attention you would receive face to face.
What sets our approach apart is focus. We do not dabble in professional negligence — it is the core of what we do. That means our lawyers understand the evidentiary requirements, the expert evidence often needed, and the strategic decisions involved in whether to settle or litigate.
Our lawyers deal directly with the professional’s insurer or legal team, so you do not have to manage that stress yourself. Most professional negligence matters are resolved without going to a full trial, but if litigation is necessary, you will have experienced representation behind you.
Compensation in professional negligence cases is designed to put you back in the position you would have been in if the professional had done their job properly. The types of loss that can be claimed depend on the nature of the negligence.
Quantifiable financial damage — money lost on a bad investment, penalties you would not otherwise have faced, legal costs wasted pursuing a case that was bungled, or a drop in property value caused by a negligent report.
Further financial damage that flows from the direct loss — business opportunities missed, further professional costs incurred to fix the problem, or income lost during recovery.
In cases involving personal harm — particularly medical negligence — you may also be entitled to compensation for pain, suffering, and loss of amenity. Queensland’s Civil Liability Act 2003 places a threshold and cap on non-economic damages in personal injury matters.
Successful claimants may also recover interest on the compensation amount, and in some cases an order for legal costs against the defendant. Costs outcomes depend on the forum and the conduct of proceedings.
If you are sitting with unanswered questions — unsure whether what happened to you amounts to negligence, unsure whether it is worth pursuing, or simply not knowing where to start — a free case evaluation is the right first step. There is no obligation. We will give you an honest view on whether a claim is likely to be viable, explain what the process involves, and let you decide how to proceed.
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A specialist professional negligence lawyer assesses whether a professional’s conduct fell below the standard required by law, gathers evidence to support your claim, advises on the likely value of any compensation, and represents you through negotiations or court proceedings. Our lawyers focus exclusively on professional negligence — they are not generalists.
Yes. Where the professional was located, or where the negligence occurred, does not limit your ability to pursue a claim. Fair Go Australia operates across all of Queensland and nationally, so geography is not a barrier.
In eligible cases, we act on a no-win, no-fee basis — meaning you do not pay legal fees if your claim is unsuccessful. During your free case evaluation, we will explain whether your matter qualifies and what the fee arrangements would be.
Not necessarily. The limitation period in Queensland runs from when you discovered — or should have discovered — the negligence, not necessarily when it happened. However, this is a complex question that depends on the specific circumstances. Contact us promptly so we can assess whether your claim is still within time.
No. A civil negligence claim and a regulatory complaint are entirely separate processes. You can pursue one, the other, or both. In some cases the outcome of a disciplinary process can be relevant to your civil claim, so it is worth discussing your overall strategy with your lawyer.
Any professional who owes you a duty of care and breaches that duty may be liable. This most commonly includes solicitors, barristers, doctors, surgeons, financial advisers, accountants, engineers, architects, mortgage brokers, and pharmacists.
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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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