Barristers beware giving off the cuff advice

18 December, 2015

Did you know claims sometimes arise where a barrister acts without instructions, fails to advise on a crucial issue or fails to appear? In one claim a barrister was briefed over the phone by the instructing solicitor to advise on the merits of a potential family provision claim pursuant to the Administration and Probate Act […]

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Risk management and advising SMSFs

11 December, 2015

Practitioners who regularly act for trustees of self-managed superannuation funds (SMSFs) will agree that advising SMSFs requires a high level of knowledge and experience. In a number of recent cases substantial fines were imposed on trustees of an SMSF for breaches of the Superannuation Industry (Supervision) Act 1993 (Cwlth) (SIS Act). For an example see […]

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Oh Christmas claim!

4 December, 2015

With the end of year and holiday season fast approaching now is the time to put in place some risk management processes to help prevent a claim arising. Claims sometimes arise in this period because a matter is urgent and there is not enough time to check every detail. Claims may also arise because there […]

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Beware of time limits in forfeiture matters

27 November, 2015

Claims from criminal law matters have comprised less than one per cent of LPLC’s total claims over the last 10 years. However, a high proportion of these claims stem from a practitioner failing to apply for an exclusion order under the Confiscation Act 1997 (Vic) (Act) within time. In one claim, a practitioner acted for […]

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Risks of acting for an unsecured private lender

20 November, 2015

Acting for a private lender can be risky and LPLC regularly receives claims from this area of practice. Two common mistakes made are failing to: advise a lender to obtain security for the loan and register a mortgage or charge following settlement of the loan. In a recent claim we saw a variation on the […]

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