When silence isn’t golden: Detecting early warning signs
Delay and a failure to communicate can give rise not only to disciplinary issues but also professional indemnity claims.
By Glenda Carry and Candice Perriman - 1 min read
Play the ball and not the player: Considerations for legal practitioners seeking personal costs orders
The Court has jurisdiction to order costs against a practitioner but such orders should not be sought gratuitously and without sufficient basis.
By Daniela Faggionato and Lucy Williams - 1 min read
A legal minefield: ‘Difficult’ client instructions
It is good practice to document any advice given to a client. Where a client’s instructions seem unreasonable, there are ways to navigate the situation.
By Jen McMillan - 1 min read
Climate risks: Do lawyers owe a duty of care?
Lawyers owe clients a duty of care to advise on a range of risks and this duty may extend to climate risks.
By Elizabeth Wild and Sarah Mansfield - 1 min read
Solicitors’ duties to remind clients
Recent Court of Appeal decision has confirmed that a solicitor is not obliged to repeat advice previously given to a client.
By Lucy Williams and Milica Vukancic - 1 min read
Navigating historic institutional abuse claims in an evolving legal environment
The Royal Commission into Institutional Responses to Child Sexual Abuse has brought about significant legal reform that lawyers should be aware of.
By Catherine Power and Natalie Sullivan - 1 min read
Foreign surcharges update: Exemptions for New Zealand, Finland, Germany and South Africa
Effective immediately, citizens of New Zealand and certain countries are no longer liable for surcharge purchaser duty and surcharge land tax in NSW.
By Gina Tasoulis and Lucy Williams - 1 min read
Traps for junior lawyers: Acting for friends and family can be risky business
Although it might be tempting to act for family and friends, there are various risks and pitfalls from a professional negligence and insurance perspective.
By Glenda Carry - 1 min read
Solicitors’ duties: Avoiding conflicts of interest
Although it may be tempting to act for both sides of a transaction, conflict of interest may arise and the consequences may include disciplinary action.
By Baron Alder and Sophie Duffy - 1 min read
Testamentary capacity and the role of the solicitor
A diagnosis of dementia is not incompatible with testamentary capacity. A prudent practitioner should keep contemporaneous documentary evidence on file to withstand a will challenge.
By Jen McMillan - 1 min read
Managing risk and implied undertakings
Recent decision examines obligations under Harman undertakings. Solicitors should ensure that clients understand their obligations or risk contempt of court.
By Lucy Williams and Milica Vukancic - 1 min read