Updated January 08, 2018 07:11:13A lawyer who was told by a judge that she is the victim of a malpractice lawsuit because of her malpractice policy has been told that she would have to pay $1 million in damages to cover the damages incurred by her client, according to documents filed in court.
Lawyers for the plaintiff, Ms Leopoldo Leopardo, filed a motion to dismiss the case in the Federal Court of Australia on Monday.
Ms Leopardo was told she would be entitled to $1,000 per day per claim, or $1.5 million per year, as compensation for the injury she suffered in an accident in 2016.
Ms Leipardo, who was driving at the time, had no insurance and was using a car she had bought for her daughter when she was hit by a vehicle driven by a man in a red truck.
Her client, Peter Leopardsons son, was injured and has been left with a permanent brain injury.
A NSW Civil and Administrative Tribunal ruled last year that Ms Leipardo is entitled to damages for the “severe” injuries sustained and the loss of her job.
The judge who heard the case has since set a hearing for April 6 for a preliminary injunction against Ms Leppardo to prevent her client from being awarded any damages.
The motion to strike the case, filed by Ms Lepeardo’s lawyers, has been sent to the Federal Circuit Court for hearing.
Ms Lopes lawyer, Matthew Smith, told the ABC he had not seen the court documents, but was “dumbstruck” by what he read.
“We are shocked by this ruling,” he said.
“It is clearly a very narrow, arbitrary interpretation of the law.”
Mr Smith said he was “very concerned” by the ruling.
“I believe the decision will be appealed to the Supreme Court of New South Wales, where we will then go to the next level of court”.
Ms Smith said the legal fees for his client were about $20,000.
He said his client’s wife had been offered counselling and was “extremely concerned”.
“She is a really strong advocate for her client,” he added.
Lawyers are required to provide an estimate of damages for each claim and an “explanation” of the damages.
Topics:law-crime-and-justice,law-trials-and_trials,family-law,sussexContact Nicola BailieMore stories from New South Welsh