Strangers at the gates: claims against solicitors by non-clients
Not your client, not your problem? Think again. How third parties can hold solicitors accountable for what they say and do.
By Malcolm Cameron and Gina Tasoulis - 2 min read
Some lesser-known jurisdictional quirks
State appellant courts do not always have jurisdiction to hear appeals from their own supreme courts.
By Stephanie Barclay and Natalie Sullivan - 1 min read
Assessing capacity and managing risk: working with elderly clients
As the great wealth transfer looms, courts increasingly require solicitors to take a conservative approach in assessing testamentary capacity.
By Sophie Duffy and Baron Alder - 1 min read
Generative AI use: reducing the risks
Get around the main features of the Supreme Court Practice Note, including its prohibitions and the consequences of misuse.
By Elissa Baxter and Alex Haslam - 1 min read
Is it possible to make a public interest disclosure? New lessons for practitioners
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
Did you write that down? Court affirms file notes are crucial
The recent NSWCA decision, Odlum v Friend, highlights the importance of contemporaneous written records.
By Jen McMillan - 1 min read
Retained or not retained: the NSWCA wants specifics
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.
By Daniela Faggionato and Stephanie Barclay - 1 min read
Legal Practice 101: ‘Who is my client?’
Losing track of who you are acting for is not unusual, especially with complex families, but it can have serious consequences.
By Glenda Carry - 1 min read
Is IT the dominant purpose? Legal privilege and cyber attacks
Discussion of legal privilege use in the context of cyber attacks, how practitioners and clients are adapting, and how the courts are responding.
By Eden Winokur, David Dickens and Brigitte Gasson - 2 min read
The not-so-ordinary meaning of ‘ordinarily resident’
Jen McMillan unpacks the Court’s narrow interpretation of ‘ordinarily resident’ and provides valuable practice notes and updates on residential land purchasing.
By Jen McMillan - 2 min read
Solicitors’ duties to advise on the implications of transactions
Recent Supreme Court decision confirms solicitors have an obligation to advise clients on obvious practical implications of transactions which are the subject of advice.
By Paul Kozub and Natalie Sullivan - 1 min read