The scope of advocate's immunity is determined by the tendency of the claim to result in re-litigation of a controversy that has been quelled, not by the 'intimate connection' language of earlier authorities. Claims for lost compensation, emotional distress, and lost recovery opportunities arising from negligent conduct of litigation fall within the immunity. Whether a negligent failure to pursue a settlement offer falls outside the immunity was left open. Section 56 of the Civil Procedure Act 2005 (NSW) does not reduce the threshold for summary dismissal under UCPR r 13.4 but may limit the circumstances in which a court would exercise its discretion to refuse relief.
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