Milica Vukancic -

A A A By and - Jul 10, 2026 8:35 am AEST Snapshot The Law Society of New South Wales’ Professional Standards Scheme is intended to protect consumers of legal services by raising professional standards while also limiting participating solicitors’ liability for certain civil damages claims. To obtain the benefit of the scheme, solicitors must be participating members and maintain professional indemnity insurance at or above the applicable liability cap.

The recent New South Wales Court of Appeal decision in Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & Ors [2023] NSWCA 23 (‘Shoal Bay’) has confirmed the general principle that a solicitor is not obliged to repeat advice previously given to a client, or to advise on what a client already knows. However, solicitors should remain cognisant that the application of this principle will depend on the facts in each case.