Defamation law reforms: risk management tips for practitioners
Defamation law is becoming more complex and inconsistent between jurisdictions. What can you do to mitigate risk in this changing area of law?
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.
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.
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.
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.
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.
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.
Will preparation and joint tenancies
Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.
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.
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.
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.