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Professional negligence lawyers Frankston

If a professional you trusted has let you down — and you’ve been left dealing with the financial, physical, or emotional consequences — you’re not alone, and you do have options.

At Fair Go Australia, we help people across Frankston and the Mornington Peninsula understand their rights and connect with specialist professional negligence lawyers across Victoria. Whether you’re dealing with a misdiagnosis, a solicitor’s mistake, or bad financial advice, our team can assess your situation and tell you where you stand — at no cost, and with no obligation.

You don’t need to travel to Melbourne to access specialist legal help. We work with you remotely, on your terms.

Professional negligence claims in Frankston and the Mornington Peninsula

Frankston is a busy regional hub serving a wide catchment that stretches across the Mornington Peninsula. Like any major service centre, it has a substantial local economy built around healthcare, legal services, financial advice, property, and construction.

Most of the time, the professionals working in these fields do their jobs well. But when they don’t — when a GP fails to act on symptoms that turn out to be serious, when a conveyancer makes a critical error on a property settlement, or when a financial adviser puts a client’s retirement savings into wholly unsuitable investments — the people on the receiving end often have no idea what their rights are.

Professional negligence law exists precisely for these situations. If a professional owed you a duty of care, fell below the standard expected of them, and caused you measurable loss as a result, you may have a claim under Victorian law. The process is not as daunting as it sounds — particularly when you have the right legal team in your corner.

Types of professional negligence claims we handle in Frankston

Professional negligence covers a broad range of situations. Below are the most common claim types we assist Frankston and Peninsula residents with.

  • Medical negligence GPs, specialists, hospital staff, and allied health professionals all owe their patients a duty of care. When a diagnosis is missed or delayed, treatment goes wrong, or a medical professional fails to advise a patient of a material risk, the consequences can be serious and long-lasting. Medical negligence claims are among the most complex — and the most important — that we handle.
  • Solicitor and conveyancer negligence Missing a court filing deadline. Getting the details wrong on a property transfer. Failing to advise a client about a significant legal risk before they sign. Solicitor and conveyancer errors can cost people their homes, their businesses, and their legal rights. If your lawyer or conveyancer made a mistake that caused you real loss, you may have a claim.
  • Financial adviser negligence A financial adviser who places a client in investments that are unsuitable for their circumstances, or who fails to adequately explain the risks involved, may be liable for the losses that follow. We see this often with superannuation advice, property investment schemes, and managed fund recommendations.
  • Accountant negligence Tax errors, incorrect business structuring advice, and failures to meet ATO obligations can trigger audits, penalties, and significant financial losses. If your accountant’s work fell below the standard a reasonable professional would meet, that’s worth assessing.
  • Building and engineering negligence Structural defects, certification failures, and substandard designs can leave property owners with expensive remediation bills and assets worth far less than they paid. Engineers, building certifiers, and project managers all carry professional duties — and can be held to account when those duties are breached.

Not sure whether your situation fits one of these categories? Use our Claim Eligibility Checker to get a quick, obligation-free assessment → 

Your rights under Victorian law

In Victoria, professional negligence claims are primarily governed by the Wrongs Act 1958 (VIC). This legislation sets out the legal framework for negligence claims, including the standard of care that professionals are expected to meet and how courts assess whether that standard has been breached.

Courts apply an objective standard when assessing breach. The question is not whether the professional tried their best — it’s whether their conduct met the standard expected of a reasonably competent practitioner in the same position.

Serious professional negligence claims in Victoria are typically heard in the Supreme Court of Victoria or the County Court of Victoria, depending on the quantum of loss involved. Legal professionals may also be subject to oversight by the Law Institute of Victoria.

A specialist professional negligence lawyer can assess which pathway — or combination of pathways — is right for your situation.

To succeed, three things must be established:

  • Duty of care — the professional owed you a duty to act with reasonable skill and care
  • Breach — they fell below the standard expected of a competent professional in their field
  • Causation and loss — that breach directly caused you to suffer measurable harm

How long do you have to make a claim in Victoria?

Timing matters enormously in professional negligence claims. In Victoria, the general limitation period under the Limitation of Actions Act 1958 (VIC) is six years. For personal injury claims arising from professional negligence, a shorter three-year period from the date of discoverability applies.

The “date of discoverability” is not always the date the negligence occurred. In some cases, harm is not immediately apparent — a misdiagnosis may not become obvious for months or years, or a legal error may only surface when a limitation period has already been missed.

That said, do not assume there is time to spare. Limitation periods are strictly enforced, and once the deadline has passed, your right to claim is generally extinguished — regardless of how strong your underlying case might have been.

Act before time runs out.

In Victoria, professional negligence claims must generally be commenced within 6 years for general claims, or 3 years for personal injury claims, from 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 Fair Go Australia can help Frankston residents

We work exclusively in professional negligence. That focus matters — the law in this area is technical, the evidence requirements are specific, and the professionals on the other side are almost always well-resourced and legally represented.

Here is what working with Fair Go Australia looks like:

  • Free case evaluation — we assess your situation at no cost and no obligation. You will get a straight answer about whether your claim has merit, not a vague response designed to string you along.
  • No win, no fee — you pay nothing unless your claim is successful. There are no upfront legal fees.
  • Specialist lawyers, not generalists — every matter we take on is handled by lawyers who focus on professional negligence. Not conveyancing, not criminal law, not employment disputes — professional negligence.
  • Remote consultations — you do not need to drive to Melbourne. Our lawyers consult by phone and video, and we handle everything needed to progress your claim from wherever you are.
  • Victoria-wide coverage — whether you are in Frankston, Mornington, Seaford, Langwarrin, or anywhere else on the Peninsula, we can help.
  • We respond within 1 business day — when you submit a case evaluation, you will hear from us quickly.

Ready to find out if you have a claim?

If you believe a professional has let you down, the most important thing you can do right now is get an assessment. The earlier you act, the more options are available to you. Our free case evaluation is completely confidential — no obligation, no upfront cost, ever, unless we win your case. We respond within 1 business day.

Get a free case evaluation

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Frequently asked questions — professional negligence in Frankston

Many professional negligence claims are resolved before they ever reach a courtroom. Negotiated settlements and mediation are common outcomes, particularly once a strong legal case has been established. That said, court proceedings may be necessary in some matters — your lawyer will advise you on the most likely pathway depending on the facts of your case.
The key questions are: did a professional owe you a duty of care, did their conduct fall below the standard expected of a competent practitioner, and did that failure cause you measurable harm? If you can answer yes to all three, you may have a claim worth pursuing. The best way to find out is through a free case evaluation — it takes the guesswork out of it.
Under a no win, no fee arrangement, you do not pay your lawyer’s fees unless your claim succeeds. This means there are no upfront legal costs, and you are not taking on personal financial risk to pursue a claim. The specific terms of a no win, no fee agreement should always be explained clearly before you sign anything.
It depends on the complexity of the matter and whether it settles or proceeds to court. Straightforward claims that settle through negotiation may resolve within 12 to 18 months. More complex matters — particularly those involving expert evidence or contested facts — can take longer. Your lawyer can give you a more specific estimate once they have reviewed your situation.
Possibly, yes. Professionals are typically required to hold professional indemnity insurance, which may cover claims made against them even after they have ceased practising or closed their business. The availability of insurance coverage depends on the type of professional and the policy terms. This is another reason to get a legal assessment early — to understand what avenues are realistically available to you.

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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