The latest on advocate’s immunity
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
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
Legal Practice 101: ‘Who is my client?’
Losing track of who you are acting for is not unusual, especially with complex families, but it can have serious consequences.
By Glenda Carry - 1 min read
Is IT the dominant purpose? Legal privilege and cyber attacks
Discussion of legal privilege use in the context of cyber attacks, how practitioners and clients are adapting, and how the courts are responding.
By Eden Winokur, David Dickens and Brigitte Gasson - 2 min read
The not-so-ordinary meaning of ‘ordinarily resident’
Jen McMillan unpacks the Court’s narrow interpretation of ‘ordinarily resident’ and provides valuable practice notes and updates on residential land purchasing.
By Jen McMillan - 2 min read
Solicitors’ duties to advise on the implications of transactions
Recent Supreme Court decision confirms solicitors have an obligation to advise clients on obvious practical implications of transactions which are the subject of advice.
By Paul Kozub and Natalie Sullivan - 1 min read
Will preparation and joint tenancies
Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.
By Sophie Duffy and Charu Stevenson - 1 min read
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.
By Charu Stevenson and Gina Tasoulis - 1 min read
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.
By Christien Corns, Sam Rappensberg and Milica Vukancic - 2 min read
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.
By Glenda Carry and Candice Perriman - 1 min read