Drafting and advising on financial agreements can be fraught with difficulty, particularly if they are pre-marriage agreements. Drafting errors and lack of communication about the legislative requirements causes errors when drafting these documents. Failing to adequately advise on the advantages and disadvantages of a proposed financial agreement, or not documenting the advice are the main causes of claims we see in this area. The section contains detailed information about common errors and how to avoid them when advising on and preparing financial agreements.
Checklists
De facto limitations
Financial Agreements, Property settlements
05 Jun 23
Time limits most commonly missed in relation to de facto limitations, a claim example and lessons learned.
Checklists
Family law limitations
Financial Agreements, Property settlements, Child support
05 Jun 23
Time limits most commonly missed in relation to family law.
Practice Risk Guides
Superannuation — LPLC Practice Risk Guide
Conveyancing, Financial Agreements, Will Making, Mortgages, Professional Responsibility
14 Dec 22
This LPLC Practice Risk Guide focuses on helping practitioners to avoid the types of claims relating to superannuation matters that arise in family law, wills and estates and property work. In all areas simple oversight is the most common cause of claims.
Practice Risk Guides
Focusing on Family Law
Financial Agreements, Property settlements, Child support, Professional Responsibility
28 Aug 20
Family law clients are often preoccupied and in emotional distress, they require particular care. It is an area where simple risk management steps can make a difference. This LPLC Practice Risk Guide examines the most common family law claims we have seen over recent policy years and provides a practical checklist to help you minimise the risk of receiving a claim.
Checklists
Financial agreements checklist
Financial Agreements
28 Aug 20
A checklist to help legal practitioners manage risk in financial agreement matters.
Checklists
Family law checklist
Financial Agreements, Property settlements, Child support
28 Aug 20
A checklist to help legal practitioners manage risk in family law matters.
Checklists
Family provision claims
Financial Agreements, Will Making, Estate Administration
17 Jul 20
A checklist covering family provision claims when acting for claimants and acting for an estate.
Practice Risk Guides
Superannuation — LPLC Practice Risk Guide
Conveyancing, Financial Agreements, Will Making, Mortgages, Professional Responsibility
14 Dec 22
This LPLC Practice Risk Guide focuses on helping practitioners to avoid the types of claims relating to superannuation matters that arise in family law, wills and estates and property work. In all areas simple oversight is the most common cause of claims.
Practice Risk Guides
Focusing on Family Law
Financial Agreements, Property settlements, Child support, Professional Responsibility
28 Aug 20
Family law clients are often preoccupied and in emotional distress, they require particular care. It is an area where simple risk management steps can make a difference. This LPLC Practice Risk Guide examines the most common family law claims we have seen over recent policy years and provides a practical checklist to help you minimise the risk of receiving a claim.
Webinars
Family Law Litigation — Do the basics well
Financial Agreements, Property settlements, Child support
28 Apr 23
Family law litigation is fraught with risk as there are often strained emotions, difficult fact scenarios and a complex litigation process. In this session, guest speaker Craig Henderson, Partner, Lander & Rogers, discusses how to get the basics right in family law litigation matters. Craig brings his expertise in family and relationship law to help you avoid claims in key areas including complying with cost obligations and making sure court orders work on a practical level.
Videos
Family law financial agreements
Financial Agreements, Property settlements
25 Sep 17
Providing advice on family law financial agreements requires a good understanding of the Family Law Act and the case law interpreting it.
Videos
Conflicts
Conveyancing, Financial Agreements, Will Making, Personal Injury, Commercial, Verification of Identity, Engagement/retainer management, Professional Responsibility
25 Sep 17
Practitioners who act for multiple parties are often caught unaware by conflicts, which can be difficult to anticipate and arise before the danger becomes apparent. This leaves the practitioners exposed to allegations of breach of duty and the conduct rules, and preferring the interests of one client over another. In acting for more than one party, you create a minefield for yourself.
Videos
The trouble with family law
Financial Agreements, Property settlements, Child support
27 Jun 16
LPLC's Chief Risk Manager, Heather Hibberd, looks at the increasing number of family law claims in regional areas, what is going wrong and what can be done about it.