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ADVOCATE'S IMMUNITY

Day v Rogers is an important new case from the NSW Court of Appeal dealing with advocate's immunity.

The Court considers the issue of wasted costs, and assesses the alleged failure to advise on the required content of affidavit evidence.  

The Court decides whether the negligence of the appellant barrister fell within the principle of advocate’s immunity, a principle no longer applicable in the U.K. (This principle of immunity from suit, is the the subject of consideration in the context of the expert witness in Jones V Kaney).

Day v Rogers is available at http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=151945