Roger and Matthew are in partnership in a legal practice in Melbourne called Top Lawyers. Roger is responsible for the property transactions plus the business and commercial areas of the practice and Matthew for the wills, estate, divorce and family law matters. Whilst Roger is away on holidays, Matthew completes a property transaction for a Top Lawyers client named Joseph. Matthew has not completed this particular type of legal work for more than 20 years and fails to properly follow the correct procedures required. This results in the client (Joseph) having to pay unexpected interest and additional legal costs to have the matter resolved by another lawyer. Joseph is suing Top Lawyers for the errors Matthew made on the transaction, which have cost Joseph $10,000 in interest and legal costs.

Top Lawyers is being sued for $10,000 by the client.

Discuss who is liable to pay Josephs claim for damages. (6 marks)