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.
‘Put and call’ options: increasing risk for property transactions
When advising on or drafting an option deed/agreement, ensure that the need for such an arrangement has been adequately considered and there are no ambiguous…
Preparing expert reports: how far can solicitors go?
Solicitors can work with an expert to narrow the issues on which the opinion is provided so that the report is directly relevant to the…
Vulnerable parties and settlement approvals
Although courts have a protective role in such settlement approval applications, particular care must nonetheless be taken by those acting for vulnerable parties. By ALEXANDRA…
Solicitor’s liability to estate beneficiaries
Ensure your client has capacity; consider an informal will in appropriate cases. By PETER MORAN and TOBY BLYTH.
Client lunch comes back to bite
Keep client lunches focused on building relationships not taking instructions or providing advice. By MELISSA FENTON and CRAIG HOLLAND.
The risks of mixing legal and financial advice
Solicitors must be conscious of the difference between financial and legal advice and know when to advise a client of the need to obtain independent…
Protecting against the other party’s actions in family law proceedings
Protect yourself against a client’s anger towards their ex-partner – it can lead to the client looking for someone to blame and a subsequent negligence…
Do I suggest an informal will? The Howe v Fischer appeal
Claims against solicitors by disappointed beneficiaries on the basis of delay in will preparation are on the increase. By RAY WARD and PETER MORAN.
Professional negligence: how much will a claim really cost me?
The direct costs for a law practice of a professional negligence claim can include payment of an excess, a possible increase in professional indemnity insurance…
The risky business of advising on pre-nuptial agreements
Prenuptial agreements are a high risk area for lawyers if detailed advice is not provided. By SIMONE HERBERT-LOWE.