Dealing with unrepresented litigants

A legal practitioner’s positive duty to assist the Court includes assisting the Court to understand an unrepresented litigant’s claims. By LUCY WILLIAMS and ROSEMARY WORKMAN.

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Estate planning traps: binding death benefit nominations and enduring powers of attorney

The authority of an enduring attorney is expressed differently in each jurisdiction. But a Queensland decision may have relevance in New South Wales. By JEN…

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Limitation periods in equity – taking an analogous approach

Limitation periods for equitable causes of action are not straightforward and require careful investigation and analysis. Consult Lawcover’s schedule. By ELISSA BAXTER and ALEX HASLAM.

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Who do you think they are? Identifying your client

A recent case emphasises the importance of identifying clients before witnessing their signatures on loan and associated security documents. By TONY REYNOLDS and DEBORAH MORRIS.

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Is your practice ready for e-conveyancing?

Be proactive in transitioning to the new regime and remember to review funds transfer processes and confirm payment instructions by multiple methods. By SIMONE HERBERT-LOWE.

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Emails: danger handle with care

Email scams are targeting law practices. Warn clients about email scams targeting funds transfers. Educate everyone in your law practice about risks. By SIMONE HERBERT-LOWE.

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Issue waiver: when is privilege lost?

In professional negligence litigation, client privilege will be waived if the cause of action calls into question the solicitor’s advice or conduct. By ROSEMARY WORKMAN.

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Interpreters and lawyers: why we must work together for better outcomes

In order to know whether your court interpreter is doing a good job it is necessary to understand the four modes of court interpreting currently…

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This time it’s personal: defamation claims against lawyers

There is an increasing tendency for solicitors to raise accusations of defamation during professional conflict. This brings more heat than light. By ELISSA BAXTER.

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Practical tips for executors where there has been an active enduring power of attorney

If the deceased’s affairs were being managed under an enduring power of attorney before death, testate administration can be significantly more complicated. By JEN MCMILLAN.

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