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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.

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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.

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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.

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Scale model of a house sits on top of a a checklist on a desk, next to a pencil and a calculator.

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.

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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.

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Stack of probate and will documents on a desk with a set of keys and coins

Will preparation and joint tenancies

Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.

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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.

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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.

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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.

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Man signs a contract on a desk, next to scale models of houses

Retainers and the extent of a solicitor’s duty of care

Recent ACT Civil & Administrative Tribunal decision considers the extent of a solicitor’s duty of care when providing advice in conveyancing transactions.

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