A business continuity plan is good risk management

26 May, 2017

Having a business continuity plan (BCP) in place if client documents and/or files are lost, stolen or destroyed is good risk management for a firm of any size. LPLC regularly receives calls  from practitioners seeking guidance on just this situation.  In one instance a fire at the law firm premises destroyed documents and files while […]

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Destroy titles or make them invalid?

19 May, 2017

The announcement by Land Use Victoria that all land transactions will be conducted electronic by July 2019 is a timely reminder that practitioners need to implement a process to either destroy any paper titles or make them invalid in accordance with clause 6 of schedule 3 to the ARNECC Model Participation Rules. There are a […]

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Litigating for nominal damages is risky

12 May, 2017

Where a client wants to pursue a claim on a matter of principle for nominal damages, practitioners need to consider their overarching obligations under the Civil Procedure Act 2010 (Vic). In Actrol Parts Pty Ltd v Coppi (No 3) [2015] VSC 758, Mr Coppi, an employee of Actrol Parts Pty Ltd (Actrol), was put on […]

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PPSA registrations and the need for perfection

5 May, 2017

When registering security interests on the Personal Property Securities Register (PPSR) the financing statement must be accurate and knowing when to use the ACN and the ABN is critical. Financing statements must list: ACN for corporations ABN for partnerships, trustees and body politics full name and date of birth for individuals even if they have […]

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Time to prepare for mandatory notification of data breaches

28 April, 2017

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cwlth) was passed on 13 February 2017 and will come into effect within 12 months. It amends the Privacy Act 1988 (Cwlth) (Act) by introducing a scheme for mandatory notification of data breaches. The provisions apply to public and private organisations regulated by the Act, which include […]

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