Insurance and risk management services for the better practice of law

Significant changes to the unfair contract terms (UCT) regime in the Australian Consumer Law commenced on 9 November 2023. Almost all Australian businesses are affected by the UCT regime and should review their standard form consumer contracts and small business contracts to ensure they do not include any 'unfair contract terms'. Legal practitioners providing contractual advice are expected to be aware of and understand the changes to advise their clients. Failing to do so may result in severe consequences for clients (including substantial penalties) and expose practitioners to professional negligence claims.

LPLC has recently been alerted to an email scam that is targeting property and conveyancing practitioners in Victoria. All law practices and their staff should be alert to this ‘new client’ scam.

On 3 October 2023 the State Taxation Acts and Other Acts Amendment Bill 2023 (the Bill) was introduced into the Victorian Parliament. The Bill, if passed, will shortly result in significant changes to Victorian tax laws in the areas of land tax, windfall gains tax (WGT) and duty.

Solicitors and conveyancing practitioners should be alert to and familiarise themselves with these major changes now and be ready to promptly update their law practice’s processes and precedents.

Advocates’ immunity protects practitioners sued for negligence for the conduct of a case in court, or for work out of court intimately connected to the conduct of the case in court and the court’s determination.

In this article, guest author Baron Alder, Partner at Moray & Agnew, discusses the recent decision of Cappello v Lyons [2023] NSWCA 137 where solicitors sued for negligently prepared pleadings were able to rely on the immunity. The case confirms that negligence claims arising from drafting of pleadings, including through oversight or omission, in cases where there has been a final determination by a court will almost always be protected by the advocates’ immunity.

LPLC is contacted from time-to-time by practitioners who are contemplating dabbling in interstate work.

Taking on work in a new jurisdiction which is outside your usual area of expertise and experience, or which you don’t practice in regularly, is high risk and may lead to a professional negligence claim.

Our article this week describes a scenario for consideration when faced with a choice about taking on work in unfamiliar territory and how to avoid the potential associated risks.

The new Windfall Gains Tax (WGT) introduced by the Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 commences on 1 July 2023.

Practitioners need to be across the issues now, particularly if negotiating long term sale contracts, or options, that will settle after that date that may then be subject to the WGT.

We've put together information and resources to help lawyers understand the legislation and manage the associated risks.