Introduction
On 14 March 2012, Justice Bell of the Victorian Supreme Court
handed down his judgment in Goddard Elliott (a firm) v Paul Fritsch
[2012] VSC 87, a proceeding issued by a law firm, Goddard Elliott,
against its former client, Paul Fritsch.
His Honour's 321 page judgment examines a range of issues,
including:
- whether Goddard Elliott was negligent in taking instructions
from Fritsch when he lacked capacity;
- the immunity of advocates;
- the rule in Jones v Dunkel; and
- leading evidence from deceased witnesses.
Background
Goddard Elliott had acted for Fritsch in a property settlement
proceeding against his former wife in the Family Court of
Australia. The firm had not properly prepared the case such that at
commencement of the trial, a three day adjournment was required to
fill the preparatory gaps. As the case was about to resume, Fritsch
settled at the door of the court on terms that were overly generous
to his former wife. Fritsch was
