Scherini Lawyers
Professional Liability and Insurance Lawyers Melbourne
Clear, Commercial Guidance for Professional Liability Cases
Scherini Lawyers helps both sides of professional liability disputes across Melbourne and Victoria people and businesses harmed by poor professional work, and professionals who need a strong defence. We give clear, commercial advice from first enquiry through to negotiation, VCAT or court, with a focus on practical outcomes and cost control. The outline below reflects the Victorian framework for professional negligence, causation and insurance law.
When a “professional” can be liable
This depends on the specific facts of each case and requires analysis.
Professionals owe duties in contract, negligence and under statute. Breach can arise where advice or services fall below the standard of a reasonably competent practitioner, where a retainer is not followed, or where conduct is misleading or deceptive. In Victoria, the Wrongs Act sets the negligence tests for breach and causation, and the Australian Consumer Law prohibits misleading or deceptive conduct in trade or commerce.
Typical matters we run in Melbourne
- Wrong or incomplete advice that causes financial loss
- Missed limitation dates, poor case handling or settlement errors
- Negligent valuations, audits or financial statements
- Design and certification errors by engineers, surveyors and architects
- Property, strata and owners corporation professionals failing to meet standards
- Health, allied health and other registered practitioners facing complaint or claim
- Misleading or deceptive conduct and negligent misstatement claims
Who we act for
Clients and businesses
Clients and businesses seeking compensation for loss caused by negligent advice or services
Professionals
Professionals who need to defend a claim, respond to a complaint, or deal with an insurer
Insureds and insurers
Insureds and insurers in coverage disputes under professional indemnity policies
Key Potential defences and strategy for professionals
- Peer professional opinion: no negligence where conduct was widely accepted by respected peers as competent practice, unless that opinion is unreasonable
- Proportionate liability: responsibility shared with other wrongdoers where several causes contributed to the loss
- Contributory negligence: damages reduced if the client failed to take reasonable care or ignored advice
- “Mere conduit”: no liability where information was clearly passed on without adoption or endorsement
- Advocate’s immunity: limited protection for work intimately connected with court advocacy
- Causation challenges: testing whether the alleged breach actually caused the loss, including “loss of chance”
Professional indemnity and insurance issues
Many disputes turn on insurance. We regularly advise on:
- Claims-made policies (including retroactive dates, notification, and run-off cover)
- Coverage for civil liability, costs inclusive/exclusive limits, “side” cover and aggregation of claims
- Exclusions (known circumstances, deliberate acts, prior dishonesty, contractual liability)
- Section 54 Insurance Contracts Act relief where late or imperfect notification would otherwise defeat cover
- Non-disclosure and misrepresentation at placement or renewal
- Insurer control of defence, panel appointments and settlement rights
Our process
Time limits in Victoria
Recent examples (anonymised)
- Acting for a Melbourne developer in a negligent certification claim against engineering consultants, resolved at mediation with contribution from multiple parties under the proportionate liability regime.
- Defending a financial adviser on a mixed negligence and ACL claim, relying on peer professional opinion and contributory negligence to reduce exposure.
- Advising a medical practice on a claims-made policy notification and section 54 argument that preserved cover after a late report.
