How retainers reduce risk: scope, costs and client expectations
What are you retained to do, who are you acting for and how much will it cost? This article examines why those questions matter.
Some lesser-known jurisdictional quirks
State appellant courts do not always have jurisdiction to hear appeals from their own supreme courts.
Generative AI use: reducing the risks
Get around the main features of the Supreme Court Practice Note, including its prohibitions and the consequences of misuse.
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.