D'orta-Ekenaike v Victoria Legal Aid
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judge | Gleeson CJ,Gummow,Hayne,Heydon JJ,McHugh J,KIRBY J,Callinan J |
| Judgment Date | 10 March 2005 |
| Neutral Citation | [2005] HCA 12,2005-0310 HCA A |
| Docket Number | M61/2003 |
| Date | 10 March 2005 |
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5 firm's commentaries
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The happy coincidence: why your lawyer is (sometimes) immune from suit
...High Court decisions (Giannarelli v Wraith (1988) 165 CLR 543; [1988] HCA 52 and D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12). The immunity is only invoked where the work of the advocate "has contributed to the judicial determination of the litigation" (At......
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Expert witnesses no longer immune from suit under UK law: Jones v Kaney
...[2007] NSWCA 370 the NSW Court of Appeal followed the reasoning of the High Court majority in D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12, which reaffirmed the advocate's immunity in relation to suits for negligence for conduct in court and for work performed outside of court affecti......
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Will Australian experts remain immune from suit?
...In Australia, advocates immunity and general witness immunity was reaffirmed by the High Court in D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12. The majority of the High Court held that advocates and witness immunity was justified on the basis of public policy considerations and, in pa......
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Witness immunity - not down the drain?
...witness to establish whether a different outcome may have arisen had different evidence been given. 7D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12. 8James v Medical Board of Australia and Keogh [2006] SASC The content of this article is intended to provide a general guide to the subjec......
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6 books & journal articles
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The Australian High Court and Social Facts: A Content Analysis Study
...72 Cole v South Tweed Heads Rugby League Football Club (2004) 217 CLR 469, 499 [106] (Kirby J). 73 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1, 117 [374] (Callinan J). 74 Cattanach v Melchior (2003) 215 CLR 1, 126 [347] (Heydon J). 75 See above n 57. On the use of 'social policy' ......
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Courts and Social Change
...decision: see, for example, Sydney Morning Herald (Sydney), 14 March 2005, 12. The case is D'Orta-Ekenaike v Victoria Legal Aid (2005) 214 ALR 92. 68 See David Hambly and John L Goldring (eds), Australian Lawyers and Social Change (1974). 69 Commission of Inquiry into Poverty, Law and Po ve......
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STATUTE AND THEORIES OF VICARIOUS LIABILITY.
...justifications deny wrongdoing. However, this question need not be addressed here. (26) See, eg, D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1, 33-4 [94]-[95] (McHugh J). According to his Honour, the 'immunity afforded advocates in Australia involves a recognition of the existence o......
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Developing the common law: how far is too far?
...[117]-[124] (Lord Dyson JSC). Lord Brown JSC did not refer to insurance in his judgment: at 422-3 [63]-[69]. (16) [2007] QB 462. (17) (2005) 223 CLR 1. (18) Kirby J expressed no opinion as to work in court and dissented as to work done out of court. (19) Ibid 17 [34] (Gleeson CJ, Gummow, Ha......
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