The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
By Daniela Faggionato and Alev Byrne - 2 min read
While the Scheme can limit liability, recent cases reveal important exceptions and potential conflicts with professional indemnity insurance.
By Baron Alder and Milica Vukancic - 1 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
The meaning of ‘reasonable supervision’ and the limits of delegating responsibility to junior lawyers in practice.
By Glenda Carry - 1 min read
An examination of when solicitors should advise against proceeding and the consequences if that advice comes too late.
By Stephanie Barclay and Natalie Sullivan - 1 min read
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
By Sophie Duffy and Thomas Cavanagh - 1 min read
The judgment marks a pivotal expansion of institutional accountability, clarifying when non‑delegable duties arise and how foreseeability operates in child abuse cases.
By Christien Corns, Sam Rappensberg and David Knibbs - 2 min read
The latest cases underscore that settlement advice remains outside the immunity, but pleadings and evidence preparation often fall squarely within it.
By Natalie Polorotoff and Lucy Williams - 2 min read
In a stark warning to solicitors, R Lawyers v Mr Daily explores the consequences of general and ambiguous template advice.
By Jen McMillan - 2 min read
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
Stamp duty, cyber fraud and missed instructions—why property-related claims against practitioners are climbing and what you can do about it. by GLENDA CARRY
By Glenda Carry - 3 min read
The Family Law Amendment Act 2024 reshapes solicitor obligations: are your workflows, advice templates, intake forms and disclosure protocols ready?
By Daniela Faggionato and Catherine Hing - 2 min read
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