Outcome and conduct: the test of reasonableness in professional negligence
Solicitors are not expected to be infallible or guarantee an outcome, but they must not be doomed to fail in adversarial contexts.
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.
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.