Some lesser-known jurisdictional quirks
State appellant courts do not always have jurisdiction to hear appeals from their own supreme courts.
By Stephanie Barclay and Natalie Sullivan - 1 min read
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.
By Baron Alder and Sophie Duffy - 1 min read
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.
By Jen McMillan - 2 min read
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.
By Lucy Williams and Milica Vukancic - 2 min read
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.
By David Knibbs and Caitlin Watson - 2 min read
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.
By Rachel Northcott - 1 min read
The cost of litigation: Avoiding personal costs orders
A solicitor may be liable for costs orders if they conduct litigation unreasonably, incompetently or without reasonable prospects of success.
By Catherine Hing and Natalie Sullivan - 2 min read
Russia/Ukraine sanctions: are you or your clients at risk of breaching the sanctions?
Lawyers should ensure they are aware of and be able to advise their clients in relation to whether they may be in breach of sanction…
By Lucy Williams and Nicola Mostert - 2 min read
To text or not to text: lawyering via chat apps, social media and messaging
As practitioners incorporate the use of social media into their practices, they need to consider the limitations and risks of social media.
By Elissa Baxter and Nitesh Patel - 2 min read
A foot in each boat: dangers in acting for more than one party
What dangers arise if a solicitor decides to help by acting for multiple parties? Some guidelines for deciding whether it’s worth the risk…
By Gina Tasoulis - 2 min read
Dangers for solicitors acting on intra-family transactions
As awareness grows of the prevalence of elder abuse in the community, solicitors need to be alert to the potential issues with intra-family transactions.
By Jen McMillan - 2 min read