Advocates immunity update: High Court hands down Kendirjian decision

Timing is everything. On Tuesday, we wrote about the High Court's pending decision in Kendirjian v Lepore. On Wednesday, the court handed down its decision.

As expected, consistent with the views it expressed in Attwells v Jackson Lalic Lawyers Pty Limited, the court found that advocate's immunity did not apply to a claim for negligent advice not to settle a case.

Justice Edelman delivered the main judgment, observing that immunity attaches to advocates as a result of their participation as an officer of the court in the quelling of controversies by the exercise of judicial power. The immunity only extends so far as the advocate's actions are connected to the exercise of judicial power. Here, the barrister claiming the immunity was unable to point to any way in which the advice not to settle was functionally connected with the judicial determination.