Blurred lines: solicitor conflicts of interest
Solicitor conflicts can undermine entire proceedings. Recent cases show courts will intervene to protect fairness, even against a client’s wishes.
By Fiona Kim and Tiarn Pauletto - 1 min read
Best practice tips for protecting privilege and mitigating discovery risks
The Federal Court clarifies dominant purpose, joint privilege and evidentiary standard, providing critical insights for in-house counsel managing discovery risks.
By Elissa Baxter and Alex Haslam - 1 min read
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
What the Web3 appeal means for the penalty implications of legal advice
The Full Federal Court’s ruling raises critical questions about legal advice on complex financial product definitions and cryptocurrency regulation.
By Matthew Lo and Sophie Barbour - 2 min read
Defamation law reforms: risk management tips for practitioners
Defamation law is becoming more complex and inconsistent between jurisdictions. What can you do to mitigate risk in this changing area of law?
By Milica Vukancic and Sam Rappensberg - 1 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