Change to migration agent registration and risks to consider

16 March, 2018

Practitioners may no longer be required to be registered as migration agents from 1 July 2018 under proposed changes. According to Dr. Lydia Wells from Murdoch University, these ‘…upcoming changes to the registration regime will bring opportunities for lawyers to enter this practice area…’. In her article No longer a ‘migration agent,’ in the October […]

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Warn clients to verify emails containing payment details

9 March, 2018

Could your clients be receiving fake emails from you? Much has been written recently about the need to speak to clients to authenticate email instructions about transferring money to client accounts. But if the client receives a fake email from your firm directing them to pay money into a bank account of the fraudster, will […]

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Contractual rights to be unenforceable when linked to insolvency events

23 February, 2018

The insolvency regime in the Corporations Act 2001 (Cwlth) has been amended to restrict the rights of parties to enforce ipso facto clauses in new contracts from the 1 July 2018 unless the amending Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cwlth) is proclaimed earlier. These clauses typically allow a party to […]

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Only use solicitors certificates that comply with rule 11

16 February, 2018

We regularly receive calls from practitioners raising issues about a lender, usually a bank, with the most common being the use of solicitors’ certificates which do not comply with rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015. Practitioners asked to sign solicitors’ certificates evidencing advice to proposed signatories about loans, mortgages […]

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High Court decision underlines vulnerability of financial agreements

9 February, 2018

The recent High Court case of Thorne v Kennedy [2017] HCA 49 further illustrates why family law financial agreements are fraught with risk. In that case, the plurality comprising Kiefel CJ, Bell, Gageler, Keane and Edelman JJ held two substantially identical financial agreements voidable due to undue influence and unconscionable conduct. The parties met online […]

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