Trajkovski v Simpson [2019] NSWCA 52 (26 March 2019)

Ms McIntosh appeared for the Appellant before the New South Wales Supreme Court of Appeal.

His Honour Justice Sackville, His Honour Justice Basten and His Honour Justice Brereton presiding.

NEGLIGENCE – professional negligence – legal practitioners – duty of care where solicitor represented husband in family law proceedings – where solicitor retained by husband to act on sale of jointly held property – whether there was a solicitor-client relationship between the solicitors and the wife, and therefore whether they owed her a duty of care AGENCY – authority – ostensible authority – whether husband had wife’s actual or ostensible authority to direct payment of proceeds of sale TORT – negligence – concurrent liability – whether the husband was a concurrent wrongdoer, such as to reduce the solicitors’ liability

Result: Appeal Allowed

"I want to thank you from the bottom of my heart. You are the most gifted and amazing barrister. You stuck by me for the last 10 years. Thank you so much." : the Appellant, Suzi Trajkovski (26 March 2019)

Ms McIntosh also appeared at first instance at the hearing in the Supreme Court before His Honour Justice Fagan.

Trajkovski v Simpson [2018] NSWSC 720 (21 May 2018)

*FAMILY COURT OF AUSTRALIA, APPEAL (CTH) Elliston & Dennell [2019] FamCAFC90 (Appealed: judgment delivered in my clients favour)

*FEDERAL CIRCUIT COURT (CTH) Elliston & Dennell [2018] FCCA 1679

*FAMILY COURT OF AUSTRALIA (CTH) International relocation case before Johnston J, Family Court of Australia, Sydney (judgment delivered in my clients favour August 2019)(Citation to come)

*FAMILY COURT OF AUSTRALIA (CTH) De Facto relationship property matter before Rees J, Family Court of Australia (with jurisdiction issue) Sam v Lemonthe [2019] (judgment delivered in my clients favour August 2019)(Citation to come)

*FEDERAL CIRCUIT COURT (CTH) Parenting matter before Boyle J [2019] (issue of parenting capacity of mother)(Judgment delivered 30 August 2019 in my clients favour)(citation to come)

Barristers are generally involved in the following range of work activities:

understanding and assisting in the interpretation of the law;
mastering and managing legal briefs (cases);
drafting legal documents and researching relevant points of law;
writing opinions and advising solicitors and other professionals;
preparing cases for court, including holding client conferences, preparing legal argument, etc;
presenting arguments in court;
examining and cross-examining witnesses;
making submissions to a court so to win a case,
advising on matters of law and evidence;
attending at or facilitating arbitration and mediations;
negotiating settlements;

If you need a barrister, you may contact MCINTOSH CHAMBERS directly to discuss your needs. To contact Jill McIntosh, Barrister, call Sydney (02) 9634 8163 or mobile 0410 257 051 today.

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Trajkovski v Simpson [2019] NSWCA 52 (26 March 2019)