ARTICLE · 08 OCTOBER 2013

In defence of professionals: Navigating the peer professional opinion defence

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The 'peer professional opinion defence' was introduced by tort law reforms in each of the Australian states a decade ago.

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Jennifer Crowther

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Focus:	The peer professional opinion defence
Services:	Insurance
Industry Focus:	Insurance

The 'peer professional opinion defence' was introduced by tort law reforms in each of the Australian states a decade ago. Surprisingly, there have been few reported cases concerning the defence since then. While it is most commonly raised in medico-legal claims, the 'peer professional opinion defence' has wider application when defending pure economic loss claims against all professional people.

The defence

Professionals who are sued in negligence may have a defence to claims if it is established that their actions are widely endorsed as competent by a body of their peers, and the peer opinion is not unreasonable or irrational. The 'peer professional opinion defence', which is contained in the following statutes, sets out "the yardstick of proper practice, by which a professional's conduct is to be judged":¹

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