D'orta-Ekenaike v Victoria Legal Aid

JurisdictionAustralia Federal only
CourtHigh Court
JudgeGleeson CJ,Gummow,Hayne,Heydon JJ,McHugh J,KIRBY J,Callinan J
Judgment Date10 March 2005
Neutral Citation[2005] HCA 12,2005-0310 HCA A
Docket NumberM61/2003
Date10 March 2005
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
276 cases
5 firm's commentaries
  • The happy coincidence: why your lawyer is (sometimes) immune from suit
    • Australia
    • Mondaq Australia
    • 22 December 2016
    ...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......
  • Expert witnesses no longer immune from suit under UK law: Jones v Kaney
    • Australia
    • Mondaq Australia
    • 10 June 2011
    ...[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......
  • Will Australian experts remain immune from suit?
    • Australia
    • Mondaq Australia
    • 19 May 2011
    ...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......
  • Witness immunity - not down the drain?
    • Australia
    • Mondaq Australia
    • 8 May 2014
    ...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......
  • Request a trial to view additional results
6 books & journal articles
  • The Australian High Court and Social Facts: A Content Analysis Study
    • United Kingdom
    • Federal Law Review Nbr. 40-3, September 2012
    • 1 September 2012
    ...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' ......
  • Courts and Social Change
    • United Kingdom
    • Federal Law Review Nbr. 33-3, September 2005
    • 1 September 2005
    ...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......
  • STATUTE AND THEORIES OF VICARIOUS LIABILITY.
    • Australia
    • 1 December 2019
    ...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......
  • Developing the common law: how far is too far?
    • Australia
    • Melbourne University Law Review Vol. 37 Nbr. 1, April - April 2013
    • 1 April 2013
    ...[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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT