Climate risks: Do lawyers owe a duty of care?

Lawyers owe clients a duty of care to advise on a range of risks and this duty may extend to climate risks.

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Solicitors’ duties to remind clients

Recent Court of Appeal decision has confirmed that a solicitor is not obliged to repeat advice previously given to a client.

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Navigating historic institutional abuse claims in an evolving legal environment

The Royal Commission into Institutional Responses to Child Sexual Abuse has brought about significant legal reform that lawyers should be aware of.

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Foreign surcharges update: Exemptions for New Zealand, Finland, Germany and South Africa

Effective immediately, citizens of New Zealand and certain countries are no longer liable for surcharge purchaser duty and surcharge land tax in NSW.

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Traps for junior lawyers: Acting for friends and family can be risky business

Although it might be tempting to act for family and friends, there are various risks and pitfalls from a professional negligence and insurance perspective.

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Solicitors’ duties: Avoiding conflicts of interest

Although it may be tempting to act for both sides of a transaction, conflict of interest may arise and the consequences may include disciplinary action.

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Testamentary capacity and the role of the solicitor

A diagnosis of dementia is not incompatible with testamentary capacity. A prudent practitioner should keep contemporaneous documentary evidence on file to withstand a will challenge.

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Managing risk and implied undertakings

Recent decision examines obligations under Harman undertakings. Solicitors should ensure that clients understand their obligations or risk contempt of court.

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Solicitors acting as trustees: When beneficiaries seek access to trust documents

Practical tips for solicitors on avoiding conflict with beneficiaries whilst acting as a trustee.  

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High conflict personalities and legal disputes

Parties are often locked in lengthy litigation due to the high conflict personalities involved and this exacts a huge toll on parties and professionals involved.

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