Some lesser-known jurisdictional quirks

State appellant courts do not always have jurisdiction to hear appeals from their own supreme courts.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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