The value of good file notes

2 September, 2009

A recent Supreme Court decision of Anthony v Vaclav [2009] VSC 357 illustrates the importance and value of good file notes and making inquiries of the client as to why they are acting as they are if it appears to be to their detriment. The purchaser, Mr Anthony, sought specific performance of a contract of sale of a house owned by Mrs […]

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Amadio claims on the rise!

2 September, 2009

Amadio claims peaked at 10% of claims and 18% of the cost of claims in 1994. By 2002 they had dwindled away to less than 1%, but in the last two years they have moved back up to about 5% of the total cost of claims. The lack of available funds to start up or support ailing businesses […]

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2009 Risk Management Intensive

2 June, 2009

It is nearly that time of year! LPLC’s annual Risk Management Intensive will again run on a choice of three dates to suit your calendar. They are: Thursday 30 July, Tuesday 11 August and Thursday 20 August. A brochure and registration form will be e-mailed or sent to you soon and will also be available on our website. Join our e-mail database […]

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Conveyancers now have authority to receive payment on behalf of vendors

2 June, 2009

In issue 32 of In Check we drew to your attention the case of Clarey v Permanent Trustee Co Ltd [2005] VSCA 128. The case confirmed that at common law a vendor’s solicitor does not have authority to receive payment on behalf of the vendor and that section 69 of the Property Law Act 1958 (Vic) confers that right on […]

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Probate online advertising system

2 June, 2009

Practitioners have expressed some concern to us that many practitioners may not be aware of the new dual advertising arrangements for probate matters. From 2 March this year advertisements of an applicant’s intention to apply for Probate and Administration could be advertised on the new probate online advertising system found at https://online.justice.vic.gov.au. A dual system of advertising either on this website or in newspapers will […]

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