Solicitor's certificates in unusual times

Further changes are being made to defamation laws in multiple Australian jurisdictions—including Victoria— especially with respect to online publications. This article identifies some of the key changes and associated risks for defamation practitioners.

In historic institutional child abuse claims, we are continuing to see requests by some defendants for plaintiff’s solicitors to provide an independent solicitor certificate on settlement of the plaintiff’s claim. The certificates typically contain statements to the effect that the solicitor acting for the plaintiff has explained to the plaintiff the purport and effect of the settlement deed, the plaintiff appeared to have understood that advice, and that the deed was signed voluntarily.