You need to take the good with the bad

25 May, 2018

When acting in litigation, it is essential to take detailed instructions about any circumstances that weaken your client’s case in addition to those that support the case. In one claim, the practitioner acted for a claimant in a claim under Part IV of the Administration and Probate Act 1958 (Vic) against the estate of her […]

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Avoid the section 32 traps

18 May, 2018

Every year LPLC sees conveyancing claims where the cause of the claim is defective section 32 disclosure. To properly advise clients practitioners need to understand the vendor disclosure obligations in the Sale of Land Act 1962 (Vic). Reviewing relevant cases, attending seminars about conveyancing and reading relevant texts are other things practitioners can do to […]

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Risks for the bank of mum and dad

11 May, 2018

Practitioners asked to act in transactions where parents lend money to their children to help them buy a house should stop and think about the transaction. Who are they acting for? Who else could think the practitioner is looking after their interests? If you are acting for the child in the purchase of the property […]

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It’s not routine for the client

27 April, 2018

Advice on a ‘cross roads’ decision for the client, such as whether to proceed with a contract of sale or bring it to an end, should always be recorded in sufficient detail in a file note and confirmed in writing to the client. It is important not to cut corners, even when the advice seems […]

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Communicate better with colleagues to close the cracks

20 April, 2018

Tasks fall between the cracks when practitioners fail to communicate proactively and effectively with colleagues. In one claim, the firm was retained by a lender to prepare a loan agreement and lodge caveats over several properties owned by the borrower. The following year, the borrower asked a consultant at the firm to arrange for the […]

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