Key principles of privilege and waiver of privilege

The underlying facts play a large part in any privilege considerations – but practitioners need to clearly appreciate the legal principles. By GREG COUSTON and…

By and - 4 min read

The cost of not communicating

A solicitor’s responsibility has always been to provide clear and timely advice to assist the client in understanding the legal issues so as to make…

By and - 7 min read

Insolvency & incorporated law firms: lessons from Slater & Gordon’s troubles

Rights of clients are upheld by lawyers as part of their legal and ethical obligations. The incorporation of the law firm does not displace this…

By and - 8 min read

Yours, mine or ours? Access to a solicitor’s file when a retainer ends

Retainers between solicitors and clients may be brought to an end by either party for a variety of reasons. By MICHELLE CASTLE and ANDREW BAILEY.

By and - 7 min read

Rights and freedoms and the common law: the ALRC investigates

The Australian Law Reform Commission’s report, Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (‘Freedoms Report’), was tabled on 2 March 2016, concluding an…

By - 10 min read

Are you supervising as you should? Your staff & your practice depend on it

Principals and solicitors with ‘designated responsibility’ also have statutory obligations to exercise ‘reasonable supervision’ over their staff and the legal services provided by the firm….

By - 6 min read

Uniform Law transitional exemption – government & corporate lawyers

The Legal Profession Uniform Law does not contain an exemption equivalent to that provided under the repealed Legal Profession Act 2004. By GLENDA CARRY.

By - 6 min read

Civil penalties: everything old is new again

A court considering a civil penalty is therefore permitted to take into account submissions on agreed penalties or, in the case of a contested penalty…

By and - 6 min read

Breach of what? The Harman principle revisited

The Harman principle forbids the use of documents or information obtained in proceedings, for any purpose which is collateral to the proceedings, until the material…

By and - 7 min read

Costs disclosure and the Uniform Law: has your client really understood you?

The Legal Profession Uniform Law 2014 introduces new obligations of disclosure. By PETER ROSIER.

By - 7 min read