Personal costs orders and the Civil Procedure Act

20 December, 2013

A recent case highlights how important it is for practitioners to comply with the Civil Procedure Act 2010 (Vic) (“Act”). In Yara Australia Pty Ltd & Ors v Oswal [2013] VSCA 337 the Court of Appeal ordered the applicants’ practitioners indemnify their clients for 50% of the respondents’ costs associated with unnecessary content of appeal […]

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Face-to-face with risk

6 December, 2013

While many of us are paying close attention to a certain group of Englishmen currently making their way around Australia, our interest was also piqued by the umpire’s decision in a recent English case, Procter v Raleys Solicitors (Leeds County Court, 6 November 2013). This case involved a law firm that had represented a former […]

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Not so perfect putt

29 November, 2013

A purchaser who enters into a contract ‘subject to finance’ must act reasonably and without delay in fulfilling their contractual obligations.  This is the lesson to be learnt from the case of Putt v Perfect Builders Pty Ltd [2013] VSC 442 and [2013] VSC 600. You can read this case here. In Putt’s case, general […]

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Help us help you

15 November, 2013

At the LPLC 2013 Risk Management Intensive Program, information was provided about what happens when practitioners notify us of a claim. The video of this session can be viewed here. It goes without saying that the claims process can be a stressful experience. Helping us to help you can reduce the stress. Here are a […]

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Could this happen to you … or a colleague?

8 November, 2013

A practitioner saw a man and his companion as “walk-in clients”.  The man introduced his companion as his wife.  They asked the practitioner to witness the signing of loan documents and to provide solicitor’s certificates. The practitioner asked the new clients to produce identification.  The man produced his driver’s licence and the practitioner had a […]

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