Duties to third parties – How to avoid an inadvertent duty to an opposing party

A recent decision has confirmed the general principle that solicitor’s duty is owed solely to their client and the Court.

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Permanent stays: A fair trial need not be a perfect trial

Recent High Court decision found the mere passage of time does not provide a sufficient basis to permanently stay certain child abuse claims.

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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.

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Retainers and the extent of a solicitor’s duty of care

Recent ACT Civil & Administrative Tribunal decision considers the extent of a solicitor’s duty of care when providing advice in conveyancing transactions.

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Navigating the legal consequences of ransom payments in the face of ransomware attacks

An increase in ransomware attacks has forced law practices to consider whether to pay the ransom however there may be criminal law implications.

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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.

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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.

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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.

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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.

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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.

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