Criddle v Monck

[2025] WASCA 44

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Negligence
2. › Legal practitioner and client
3. › Advocate's immunity
4. › Scope of immunity
5. › Work out of court intimately connected with conduct of case in court
6. › Whether failure to obtain evidence and failure to cross-examine on that evidence fell within advocate's immunity
1. Negligence
2. › Legal practitioner and client
3. › Advocate's immunity
4. › Intermediate outcomes
5. › Where conviction quashed on appeal
6. › Whether advocate's immunity applies where client challenges only intermediate outcome and not final judicial determination
1. Negligence
2. › Legal practitioner and client
3. › Advocate's immunity
4. › Work not performed
5. › Whether immunity extends to omissions and failures to act as well as positive acts
1. Practice and Procedure
2. › Summary judgment
3. › No reasonable prospect of success
4. › Whether negligence claim doomed to fail by reason of advocate's immunity defence

Quick Take

Advocate's immunity bars a negligence claim against trial counsel even where the client's conviction was quashed on appeal specifically because of that counsel's incompetent conduct, and even where the client only seeks damages for the period of wrongful incarceration between conviction and the quashing of the conviction on appeal.

Case Details

Citation[2025] WASCA 44

CourtWASCA

JurisdictionWestern Australia

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on9

2021Jimenez v WatsonNSWCA 55
2017Kendirjian v LeporeHCA 13
2017Criddle v The State of Western AustraliaWASCA 17
2010Spencer v Commonwealth of AustraliaHCA 28
and 5 more after sign-in

Create free account

Already have an account? Sign in