The test for witness immunity in NSW requires a connection between the work performed by the expert and the conduct of the case in court, rather than focusing solely on the purpose or intention of the retainer. An expert who participates in an expert conclave and gives evidence at a costs hearing falls within the scope of witness immunity even if the original retainer was for advisory work. Advocate's immunity applies to claims arising from settlement of proceedings where the loss is alleged to have resulted from the settlement in breach of duty. Allegations of bad faith or breach of fiduciary duty must be pleaded in the statement of claim, not raised for the first time in reply, as they constitute separate causes of action. A party who consents to the separate determination of questions of law prior to the close of pleadings is bound by that forensic decision.
The full text is available to signed-in members, including the 37 later cases that cite this judgment.
6 of the 37 citing cases carry a classified treatment. How each court treated it is available to signed-in members.