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
Ensure your conveyancing staff are alert to the issue of ademption of specific gifts. By FELICITY WARDHAUGH.
By Felicity Wardhaugh - 1 min read
A fiduciary relationship does not arise merely by reason of the status of the relationship. It comes about due to what the solicitor agrees to…
By Peter Moran and Tim Seton - 2 min read
Lawyers can also incur liability where they have not been negligent and to persons who are not their clients. By GREG COUSTON and NATALIE POLOROTOFF.
By Greg Couston and Natalie Polorotoff - 2 min read
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…
By Greg Couston and Lucy Williams - 2 min read
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….
By Greg Couston and Lucy Williams - 1 min read
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…
By Greg Couston and Daniel St. George - 2 min read
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…
By John Coorey and Victoria Huntington - 1 min read
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…
By Peter Moran and Amy Malaquin - 1 min read