In Check Issue 65 | December 2014

15 December, 2014

Informal wills – the next instalment Howe v Fischer [2014] NSWCA 286 is a successful court of appeal decision in NSW for a practitioner who did not obtain an informal will before his client died. The first instance decision of Fischer v Howe was referred to in issue 59 of In Check as a timely […]

Continue Reading

In Check Issue 64 | September 2014

25 September, 2014

Warning – new ID laws means mortgages could be void Strict requirements for mortgagees to take positive steps to verify the identity of borrowers were introduced in Victoria on 24 September 2014. Similar requirements are already in place in Queensland, New South Wales, South Australia and Western Australia. The Transfer of Land Amendment Act 2014 […]

Continue Reading

In Check Issue 63 | June 2014

26 June, 2014

Claim hot spot – family finances This policy year we have had a significant number of both Amadio and intra-family transfer claims.  The two areas account for $3million or approximately 10 per cent of claims cost. The Amadio claims involve practitioners advising, in most cases, elderly people who have agreed to give a guarantee or […]

Continue Reading

In Check Issue 62 | March 2014

5 March, 2014

GST-proposed changes for going concern and farm land sales On 14 December 2013 the Federal Government announced it intends to remove the current GST-free treatment for the sale of going concerns and farm land, and provide a reverse charge arrangement. The only time frame given for this change is ‘during 2014’. While no further details […]

Continue Reading

In Check Issue 61 | December 2013

11 December, 2013

PPS Act transition is ending The Personal Property Securities Act 2009 (PPS Act) transition period comes to an end on 31 January 2014. Are you prepared for this date? Transitional security interests Transitional security interests are interests in personal property that existed prior to 30 January 2012, whether or not they were registered on pre-PPS […]

Continue Reading

In Check Issue 60 | September 2013

30 September, 2013

Are those services connected or not connected? The claims in relation to section 32 statements and the various section 32 statements that practitioners send to LPLC have some worrying trends. One area of particular concern is that the information which must be provided about ‘services’ pursuant to section 32(2)(ea) of the Sale of Land Act […]

Continue Reading

In Check Issue 59 | June 2013

21 June, 2013

Small Business – Big Risks – Same Problems A recent review of claims involving the sale and purchase of small businesses revealed that practitioners are making the same sorts of mistakes referred to in our practice risk guide, Small Business – Big Risk. In the last two years we have seen claims and notifications that […]

Continue Reading

In Check Issue 58 | June 2013

9 March, 2013

LPLC’s member feedback survey Thank you to all those practitioners who took the time to respond to our member feedback survey. Congratulations to John Fijalski, who was the winner of the iPad Mini! The feedback was overwhelmingly positive. We were pleased to see that a large proportion of respondents read In Check and our practice […]

Continue Reading

In Check Issue 57 | December 2012

9 December, 2012

Civil Procedure Act changes The Civil Procedure Amendment Act 2012 received royal assent on 30 October 2012 and will come into operation on 1 May 2013 unless proclaimed earlier. Practitioners should particularly note the powers given to the Court in relation to costs. It gives the Court the power to order a solicitor provide a […]

Continue Reading

In Check Issue 56 | September 2012

9 September, 2012

Bushfire prone land In the last edition of In Check we noted that an amendment to section 32 of the Sale of Land Act 1962 (Vic) had been passed but was not to come into operation until 31 July 2013 next year unless proclaimed earlier in relation bushfire prone areas. Land in a bushfire prone […]

Continue Reading