› Determination of lead plaintiff's individual claim at initial trial
Torts
› Professional Negligence
› Solicitors — duty of care — systemic failures in legal practice
Quick Take
1In a group proceeding under Part 4A of the Supreme Court Act 1986 (Vic), the initial trial should ordinarily resolve all common questions together with the lead plaintiff's individual claim, consistent with the overarching purpose of the Civil Procedure Act 2010 (Vic) to facilitate just, efficient, timely and cost-effective resolution of the real issues in dispute; the claimed efficiency of confining the initial trial to common questions alone does not outweigh other case management considerations, particularly where the efficiency gains are uncertain or illusory.
2Where a group proceeding alleges systemic breaches of duty by reference to standard practices, processes and systems, the lead plaintiff's individual claim can serve as a useful vehicle for determining common questions about the content and breach of the duty owed, especially where the standard of care is fact-dependent.
3A breach of retainer claim that is entirely subsumed within a negligence claim may not warrant separate common questions, though the court left open whether the common law duty owed to group members could extend beyond the performance of the retainer to a penumbral duty to advise on appurtenant risks.
