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Enterprise Legal
Enterprise Legal Enterprise Legal

Professional Negligence Claims

PROFESSIONAL NEGLIGENCE LAWYERS

Holding Professionals Accountable for Costly Mistakes and Poor Advice

Legal consultation on property, business, and civil law in Toowoomba Queensland.

When you engage a professional, whether it’s a lawyer, accountant, engineer or advisor, you expect accurate, careful work that protects your interests. But when things go wrong and the advice you’ve received falls short of the standard expected of that profession, the consequences can be significant.

At Enterprise Legal, we act for clients across Australia who have suffered financial or commercial loss due to professional negligence. We provide strategic, practical advice and help you assess whether a claim is worth pursuing. If it is, we act decisively managing the process from gathering evidence through to resolution or litigation if required.

We offer fixed or capped fees wherever possible, particularly for initial reviews, claim preparation, and early-stage dispute resolution.

What Constitutes Professional Negligence?

Professional negligence occurs when a qualified service provider fails to exercise reasonable skill or care in providing their services, and that failure causes their client to suffer loss. We act for individuals and businesses who have relied on incorrect, incomplete or careless advice that has caused measurable financial harm or reputational damage.

In many cases, these claims arise after a deal has fallen through, tax liabilities are unexpectedly triggered, or a significant opportunity is lost due to poor advice or oversight. The claims may be technical, but the impact on your business or personal situation is very real.

These matters often overlap with issues of indemnity insurance and adviser liability. For more about working with or against insurers, see our Insurance Disputes page.

Who Can Be Held Responsible?

We regularly act in claims against professionals including lawyers, accountants, financial advisors, engineers, surveyors, valuers, and conveyancers. The negligent conduct may involve poorly drafted legal documents, incorrect tax or structuring advice, certification failures, or property misvaluations. Often, these issues only come to light long after the advice was given, sometimes after a transaction has settled or an opportunity has been lost.

In every matter, we take a practical approach, focused on securing compensation and avoiding unnecessary litigation where possible. That may involve communicating with the professional’s indemnity insurer, negotiating directly with the professional, or preparing to initiate formal proceedings if needed.

How We Help Resolve Your Claim

Every professional negligence case starts with a clear assessment: Did the professional owe you a duty of care? Did they breach that duty? And did that breach cause you to suffer actual, compensable loss?

Once we’ve assessed the prospects of your claim, we manage the process from end to end. This includes obtaining expert evidence where necessary, drafting letters of demand, dealing with insurers or defence lawyers, and representing you in negotiations or formal litigation. Our aim is to minimise stress and risk to you while securing a fair and enforceable outcome.

We resolve many matters through pre-litigation resolution, especially where professionals are well-insured and willing to engage commercially. But when litigation is the best option, we act with speed and strength.

GOT A QUESTION?

Professional Negligence FAQs

If you’ve suffered loss due to negligent professional advice, don’t leave it to chance.

Book a consultation with our experienced professional negligence lawyers today and get clear, strategic advice on your next steps.

Professional law firm consultation in Toowoomba, Queensland, specialising in property law.
What do I need to prove to make a professional negligence claim?
You’ll need to demonstrate that the professional owed you a duty of care, that they breached that duty, and that you suffered financial loss as a result. We’ll help you gather the necessary evidence and determine the strength of your case.
Can I bring a claim against a lawyer or accountant?
Yes, provided their advice or conduct fell below professional standards and caused measurable harm. These claims are often pursued through the professional’s indemnity insurer.
Is there a time limit for professional negligence claims?
Yes. In most cases, you must bring a claim within six years of the negligent act or the time you first became aware of it. It's best to seek advice early to preserve your rights.
Will I have to go to court?
Not necessarily. Many matters are resolved through negotiation or mediation. We always pursue the most efficient and cost-effective path to resolution first.