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.
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.
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.
Navigating the legal consequences of ransom payments in the face of ransomware attacks
An increase in ransomware attacks has forced law practices to consider whether to pay the ransom however there may be criminal law implications.
A legal minefield: ‘Difficult’ client instructions
It is good practice to document any advice given to a client. Where a client’s instructions seem unreasonable, there are ways to navigate the situation.
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.
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.
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.
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.