Risk and GST

1 July, 2017

Have you correctly dealt with GST issues? LPLC regularly receives notifications where failing to correctly deal with GST issues gives rise to a claim. Most GST claims occur in relation to the sale of commercial or new residential land or the sale of businesses, but claims have also arisen involving the preparation of leases as […]

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When tax needs to be raised

1 March, 2017

Do you help your clients make informed choices about tax issues? Every year the Legal Practitioners’ Liability Committee receives notice of claims where one of the issues was the alleged failure by a practitioner to raise tax issues with the client. Family law In one claim a practitioner acted for a husband in a matrimonial […]

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Taxing advice | advising on termination payments requires specialist expertise

1 April, 2015

Advising on termination payments requires specialist expertise Terminating a person’s employment can be a difficult time for any business. The situation can be complicated when the former employee commences proceedings against the client business as a result of the termination. Practitioners advising an employer can often be focused on the termination process and resolving any dispute that ensues. LPLC’s claims show that practitioners […]

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Land can be taxing

1 March, 2014

Addressing land tax issues before entering into a lease or contract can avoid problems later. Land tax of one sort or another has probably been around since the Roman times. For conveyancing practitioners, land tax can be a source of much grief, especially given the complexity of the land tax regime in Victoria. Claims in […]

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Risky business

16 January, 2014

Acting for the vendor or purchaser of a small business can involve risks that are not obvious. Many will be familiar with LPLC’s series of Practice Risk Guides highlighting key risks for practitioners in relation to specific practice areas. LPLC is currently updating these guides. The latest, Small Business – Big Risks, looks at small […]

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The big PPS questions

1 July, 2012

Are you trying to protect a client’s interest in property or are you trying to ensure that your client is taking property free of other security interests? Putting the complexities of the personal property securities (PPS) reform aside, there are two important questions to consider. This article examines two fundamentals that many practitioners will need to consider from time to time: […]

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A matter of trust

28 March, 2012

Practitioners need to be clear about purpose when holding trust money Practitioners know that trust money is not their property, nor is it held for their benefit. However, practitioners should be wary of any misconception that trust money is necessarily held on their client’s behalf, even if the funds were paid by the client. It depends on the terms of the […]

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Friend or foe?

28 January, 2012

Practitioners who act for friends or family need to exercise caution Acting for family and friends can be risky. In many instances practitioners who act for friends or relatives do so diligently and with great care and skill. However, that does not always happen. When acting for friends or family, the common scenario is that the client is not paying or […]

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Losing objectivity

1 October, 2009

Solicitors engaged in damage control may fail to spot a conflict. The Legal Practitioners’ Liability Committee (LPLC) sees many claims where a practitioner misjudges the best route to rectify a mistake or compounds the damage by trying to litigate out of a problem. The decision to step aside is especially difficult when dealing with a […]

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When worlds collide

1 September, 2009

Sometimes it is difficult to separate commercial from legal advice. Solicitors’ duties sit in grey territory when it comes to the commercial wisdom of whether a client ought to proceed with a transaction. What extra steps does the solicitor have to take to avoid liability in the context of legal advice that intersects with financial […]

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