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The book "Professional Liability in Australia" by Stephen Walmsley, Alister Abadee, Ben Zipser, and Greg Sirtes is a comprehensive legal text that provides a definitive analysis of the law of professional liability in Australia. Here is a detailed overview of the book:

Key Themes

  1. Comprehensive Analysis: The book offers a thorough examination of the law of professional liability, covering a wide range of professions including doctors, solicitors, barristers, accountants and auditors, building professionals, valuers, and financial services professionals.

  2. General Principles: The text begins with a discussion of general principles related to professional liability, including duties owed to clients and third parties, the standard of care and skill required, principles of liability, liability for breach of duty, defences available, and damages and other remedies.

  3. Profession-Specific Issues: Each chapter delves into the specific issues relevant to each profession, providing detailed insights into the legal obligations and potential liabilities associated with each profession.

  4. High Court Decisions: The book incorporates recent High Court decisions, including those related to the advocate’s immunity from suit, the standard of care required of health professionals, and the scope of duty, causation, loss of chance, and the provisions of the Civil Liability Act 2002 (Tas) with implications in all States and Territories.

  5. Lower Court Decisions: It also includes more than 100 lower court decisions concerning claims against various professional groups, forming Australia-wide precedents and addressing matters related to civil liability legislation in each jurisdiction.

  6. Statutory Obligations: The text considers the Design and Building Practitioners Act 2020 (NSW) and the statutory obligations it places on building professionals, as well as matters arising from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, relevant to financial services professionals.

Critical Reception

  • Authoritative Work: The fourth edition of "Professional Liability in Australia" has been described as a scholarly work of first resort on the many areas it covers, confirming its status as an authoritative text in the field.
  • Essential Resource: It is considered an essential resource for both prosecuting and defending professional liability claims, making it a valuable tool for legal professionals.

Editions

  • Fourth Edition: The fourth edition was published in January 2023 and is available in hardcover format. It is priced at $377.25 AUD and aims to ship within four weeks.

Publisher and Audience

  • Publisher: The book is published by the Law Book Co of Australasia.
  • Audience: It is aimed at a professional and scholarly audience, making it a critical resource for legal professionals, academics, and students studying professional liability law in Australia.

In summary, "Professional Liability in Australia" by Stephen Walmsley, Alister Abadee, Ben Zipser, and Greg Sirtes is a comprehensive and authoritative text that provides a detailed analysis of the law of professional liability in Australia. It covers a wide range of professions and includes recent legal developments, making it an essential resource for legal professionals and scholars in the field.