Professional Negligence Claim against a Financial Planner
The three main elements that need to be established when pursuing a professional negligence claim are:
That the professional owed you a duty of care
That the professional breached that duty, performing work below the acceptable standard; and
That you suffered losses as a result, being injury or damage due to the breach of duty by the professional.
To make a professional negligence claim, a person will need to satisfy the court that: There was a duty of care owed by the professional. The professional breached their duty of care. They suffered loss or damage because the professional breached the duty.
An additional claim against a person who holds themselves out to be a financial adviser but does not have the requisite qualifications and approvals to provide financial services is fraud.
To be a Financial Adviser, a person needs to [Education, Experience, Training, qualification requirements]
It is an offence to provide financial advice when not properly qualified. If he advise leads you to suffer loss or damages, you may be entitled to pursue a claim to recover those damages.
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