Duty of a Professional Person
Confirming what a duty of a professional person is or keeping the Courts in Business?
In Rogers v Whitaker (1992) 175 CLR 479, the High Court said:
‘In Australia, it has been accepted that the standard of care to be observed by a person with some special skill or competence is that of the ordinary skilled person exercising and professing to have that special skill. But that standard is not determined solely or even primarily by reference to the practice followed or supported by a responsible body of opinion in the relevant profession or trade … the Courts have adopted the principle that, while evidence of acceptable … practice is a useful guide for the Courts, it is for the Courts to adjudicate on what is the appropriate standard of care…’
