If a lawyer, accountant, financial adviser, broker or building professional made a mistake that cost you money, you may be able to recover that loss from them, or from their insurer.
Aitken Whyte Lawyers acts for people and businesses across Queensland in professional negligence claims, from our office in Brisbane. We act for people who have lost money because of a professional’s mistake, and for professionals facing a claim. Your first consultation is free, and we will tell you plainly where you stand.
Professional negligence is a claim against a qualified professional whose work fell short of the standard expected of a competent member of their profession, where that failure caused you loss.
Professionals owe duties to their clients founded in:
Some also owe duties as a trustee, for example when they hold or manage your money.
A breach can come from something the professional did, something they failed to do, or advice they gave. It does not need a complicated transaction. Often the professional simply took their eye off the ball during a routine job: a deadline missed, a policy not renewed, a risk not explained.
Our Brisbane team acts in claims against the professionals below. Each group links to our articles on reported cases, including cases our firm has run.
Solicitors and barristers can be liable when they miss a time limit, give wrong advice, fail to warn you of a risk, or make errors in documents such as contracts and wills.
Accountants and financial advisers can be liable for poor tax advice, unsuitable investments, and errors in accounts or statements that others rely on. Claims also arise where accountants recommend tax minimisation schemes that the ATO later finds to be shams.
Brokers act on your instructions and are expected to know their market. Claims often follow a broker failing to arrange the cover you asked for, failing to warn you about a gap in your policy, recommending an unsuitable loan, or failing to carry out an instruction on time.
A pre-purchase building or pest inspection that misses termite damage or structural defects can leave you with a large repair bill. Builders and engineers can also be liable for defective work, and in some cases to later owners of the property.
Are you a doctor or other health practitioner facing an AHPRA or Medical Board complaint? See our professional misconduct lawyers.
To succeed in a professional negligence claim, you generally need to show that:
Under the Civil Liability Act 2003 (Qld), a professional is not negligent if they acted in a way that a significant number of respected practitioners in their field accepted at the time as competent professional practice. That defence does not cover a failure to warn you about a risk.
A claim can be brought for breach of contract, negligence or breach of trust, and often for more than one at once. To assess it, we will usually need the advice or report you relied on, your emails with the professional, and any engagement letter or terms.
In Queensland, the Limitation of Actions Act 1974 (Qld) generally gives you 6 years to start a claim for breach of contract or negligence causing financial loss.
The 6 years can start running before you realise anything is wrong. In a contract claim it usually runs from the date of the breach. In a negligence claim it runs from when you first suffered loss. Unlike personal injury claims, there is very little scope to extend the time for financial loss, so a claim started late may be lost for good.
If you think a professional has let you down, get advice early. Read about limitation periods and extensions.
Most professionals carry professional indemnity insurance. Once you make a claim, the professional will usually hand it to their insurer, and the insurer’s lawyers will respond. Insurers are commercial and defend claims firmly, so how the claim is prepared matters.
A typical claim runs like this:
The professional may raise defences, such as:
We assess these early, so you know where you stand before you spend money on a claim.
Complaints about financial advisers, mortgage brokers, insurance brokers and insurers can also go to the Australian Financial Complaints Authority (AFCA), which is free for consumers and small businesses. We can tell you whether AFCA or court is the better path for your claim.
If a client or former client says you were negligent, or you receive a letter of demand, get advice early and do not admit liability before you do.
We advise professionals on the claim itself, on their dealings with their insurer, and where cover has been refused. If a complaint has also gone to your regulator, see our professional misconduct lawyers.
Queensland claims are usually heard in:
A claim can also be brought in the Federal Court or the Federal Circuit and Family Court of Australia where there are related federal claims, such as misleading or deceptive conduct. We will advise you on the right court before any proceedings are started.
Before any paid work starts, we set out our fees in writing, as Queensland law requires. We generally take on claims where the loss is $30,000 or more. If your loss is smaller, we can point you to lower cost options, such as a complaint to AFCA for financial services.
Yes, if your lawyer did not act with the care and skill of a competent lawyer and it cost you money, for example by missing a time limit or giving wrong advice. Work done in court is mostly protected by advocates’ immunity, but much of what lawyers do is not.
Yes. If a pre-purchase inspection missed defects or termite damage that a competent inspector should have found, you may be able to claim the cost of the damage or the loss in value of the property. The inspection agreement matters too, as many limit what the inspector checks.
Generally 6 years in Queensland, and the time can start before you discover the problem. Get advice as soon as you suspect something went wrong.
Your first consultation is free. After that, the cost depends on how far the claim goes. Many claims settle after a letter of demand or a mediation, which costs far less than a trial. We give you an estimate and set out our fees in writing before any paid work starts.
Damages aim to put you in the position you would have been in if the professional had done their job properly. That can include the money you lost, the cost of fixing the problem, and in some cases interest and the loss of use of your money. If you win in court, the professional is usually ordered to pay part of your legal costs.
Insurers often deny claims at first. A refusal is not the end of the claim. We test the insurer’s position with the evidence and expert opinion and, where needed, take the claim to mediation or court.
You can, but a complaint to a regulator such as the Legal Services Commission or the Tax Practitioners Board deals with the professional’s conduct, and usually will not compensate you. A negligence claim is how you recover your loss. The two can run side by side.
Reviewed by Robert Aitken, Special Counsel. Last updated 3 November 2026.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
