The courts’ overriding purpose – ignore at your peril: practical guidance from judges

Obligations imposed by the overriding purpose of the Civil Procedure Act 2005, NSW have teeth and must be taken seriously – they are not ‘just pious…

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Privilege lost: preservation of privilege, practice pointers

A client’s legal professional privilege can be destroyed and lost relatively easily (often inadvertently) by that client’s own conduct, or the conduct of their lawyers….

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Close up of pen signing a will

Informal wills: the duty of a lawyer to consider, discuss and make an informal will for a client

Practitioners should be aware of the provisions of the Succession Act, which allow a testator(trix) to make an “informal will”. By GREG COUSTON and DANIEL ST…

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Prospects of success: the dangers of overstating

Lawyers should not advise that a client has good prospects of success in litigation without considering the measure of damages if the client succeeds. By…

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women in a meeting

Extent of duty: how far should you go?

If doing legal work on a pro bono basis, lawyers must provide clients with the same level of knowledge and skill afforded to a paying…

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