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Risk Management

LPLC is committed to helping our insured practitioners manage the risks of practice. We combine a wealth of experience in private practice and handling claims with risk management knowledge and expertise from around the world.

LPLC has a dedicated risk management team. Our risk managers are constantly analysing our data, liaising with global and Australian experts and talking to our insured practitioners to ensure that LPLC continues to deliver topical and practical risk management solutions.

We provide a comprehensive education program that assists firms in raising the level of risk awareness among their employees and partners and managing those risks. Our services include in-house workshops (for larger firms) and group seminars (for small practices). We also provide benchmarking and tailored risk management advice in order to assist our firms in building effective risk management systems.

For further risk management resources please choose a resource from the menu.


 

6 March 2020

Choose your litigation clients carefully

Choosing the right client for you and your firm is never more important than in the litigation context. Litigation is stressful, costly and often confusing for any client, so making sure you are cautious when choosing to act for a client in a litigation matter is good risk management. There are often telltale signs at […]

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18 February 2020

Keep your files moving

Files can stagnate for many reasons: make moving them on your New Year’s resolution.  Is one of your professional New Year’s resolutions to procrastinate less, to better move matters on or to ensure nothing gets left behind this year? Make this the year you develop good strategies for moving your files on promptly. Here are […]

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12 December 2019

Manage for when, not if

Cyber attacks by email are on the rise and law firms of all sizes are at risk. Cyber attacks on law firms of all sizes, but particularly smaller practices without the necessary safety measures in place, are on the increase. It is everyone’s problem. What you need to know is set out here. How they […]

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30 October 2019

Take steps to avoid GST claims

GST is not simple but there are some easy steps you can take to help protect you and your clients. Section 9 of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) sets out the four legs of a “taxable supply”. The fourth, s9(d) is that the supplier is “registered or […]

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17 October 2019

Bringing your A game

Working on practice management basics gives you a solid platform to provide legal services. Knowledge of the law is fundamental, but not the only ingredient when providing high quality legal services to your clients. LPLC sees claims against practitioners who know the law, but for a variety of reasons fail to discharge their duty of […]

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9 April 2020

Video Conferencing in the COVID-19 era

This bulletin covers: Using video conferencing to take instructions and give advice Using video conferencing to do VOI in property transactions Risk issues with video conferencing and with solicitors certificates Risk issues with video conferencing to witness wills and affidavits In this current environment when we are all trying to minimise contact with other people […]

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1 April 2020

Deferral option for LPLC 2020/21 premium renewals

For the upcoming insurance renewal LPLC will offer all law practices (solicitors and barristers) currently insured with LPLC the option to defer payment of their renewal premium to 30 November 2020. This measure is to give law practices financial breathing space and help to protect jobs in the legal community in this next critical period.  […]

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23 March 2020

COVID-19 Update from LPLC

Like all law practices, LPLC is responding to the unprecedented COVID-19 pandemic with the utmost thought to the health and safety of our staff, insured practitioners and the community at large. LPLC has not had any COVID-19 notifications, but in line with government advice and sound practice, our staff have moved to a mix of […]

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27 February 2020

File sharing email scam – multi-factor authentication will help protect you

What is happening There has been a spate of fraudulent document sharing emails circulating within the legal community that look like they are legitimate emails from other law firms. They ask the receiver (you) to access documents by clicking on a link to a document sharing platform such as Skyfish or Dropbox. These emails won’t […]

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28 January 2020

Windows 7 no longer safe – upgrade now

Keeping your firm’s software up to date is vital to the security of your practice and the interests of your clients. Windows 7 is 11 years old and Microsoft ceased supporting it on 14 January 2020. The most up to date version is Windows 10. This means users of Windows 7 will no longer receive […]

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14 February 2020

A practical guide to help lawyers be cybersafe

LPLC has developed a Cyber Security Guide covering five key areas to help time-poor and information-overloaded lawyers understand the risks and act to make their practice safer. The guide has been designed for sole practitioners and small to medium firms as this is where most of the cyber claims occur, however it is equally relevant […]

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10 February 2020

Beware the risk your client’s email system may have been compromised

Our latest cyber claim story is a salutary reminder not to be complacent about payment directions received by email or be lured into thinking that because your IT system is secure, you are not at risk from cybercrime. In this deceased estate matter, the estate had been wound up and most of the beneficiaries had […]

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29 January 2020

What’s the difference between a default notice and a rescission notice?

A practitioner acting for a vendor contacted LPLC seeking guidance on how to prepare a default notice for a breach of a sale of land contract by a purchaser and what the difference was between a default notice and the rescission notice. Under most contracts of sale a party is usually required to provide a […]

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24 January 2020

Handy hints for GST

Some of the enquiries on our GST hotline in the last few months required some basic GST knowledge and logical thinking to answer. Here are some handy hints to help you navigate your next GST question. The starting point for all GST questions should be: is the vendor registered for GST or required to be […]

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4 December 2019

Success often comes at a price

Some of the firms we have visited as part of our Risk Assistance Program have been around for 20 to 30 years. They often have a sole principal and have grown over the years to have five to eight lawyers and multiple support and administrative staff. The principal works long hours and spends a large […]

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6 May 2019

Develop the engagement habit

Lawyers can get themselves into hot water when they neglect to go through a thorough client engagement process. Our handy engagement decision tool can help you develop a more manageable approach. Make it routine for every client and every matter.

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9 November 2018

Key Risk Checklist: Tax issues

This checklist contains the most common taxes and related charges and is not intended to be exhaustive. Ticking a box indicates who is responsible for considering the selected item. Both practitioner and client may be selected. A column has been included for initial comments. It is recommended that a memorandum be sent to the client […]

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23 August 2018

Key Risk Checklist: Cyber Security

It is essential that firms take steps to prevent cyber-crime as practitioners are increasingly at risk of cyber-attacks. This is a list of the things firms need to do to at least lock the door on cyber-crime. Cyber security ☐  Always authenticate email instructions that involve sending money by speaking to the client in person […]

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7 May 2018

Key Risk Checklist: Sale of land – questions for the vendor

Sale of land – questions for the vendor   Instructions ☐  Please circle yes or no as applicable. ☐  Please provide the additional information as indicated e.g. a copy of your title(s). ☐  If you do not know the answer or are unable to provide the additional information please insert the words ‘not known’. ☐ […]

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24 April 2018

Key Risk Checklist: GST

GST is not simple but there are some easy steps you can take to help protect you and your clients. References to divisions and sections can be found in A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). GST alert – for contracts entered into from 1 July 2018, purchaser to collect and […]

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28 February 2019

Claim free conveyancing

Additional conveyancing download: Default notice Rescission notice Table of contentsIntroductionEmerging risk – cyber fraudThe causes of claimsThe most common mistakesLPLC Vendor’s Practitioner ChecklistPurchaser’s Practitioner ChecklistAppendix One: Suggested form of letter to client if requested to prepare a section 32 statement in a hurryAppendix Two: Owner builder obligationsAppendix Three: Rescission NoticeAppendix Four: Owners corporation certificate issues […]

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17 September 2018

Small business big risk

Since LPLC published the first edition of Small business – big risk there have been some changes in the legal landscape which are particularly relevant to transactions for the sale of small businesses including the introduction of: the Estate Agents (General, Accounts and Audit) Regulations 2008, which has made substantial changes to both the form and content […]

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6 August 2018

Pitfalls in personal injury litigation

Table of contentsPersonal injury litigationThe causesThe best risk management – an informed clientCommon mistakesWorkplace injuriesPublic liability and medical negligenceTransport accident claimsEmerging area of riskLPLC Personal Injury Litigation ChecklistAppendix 1 Personal injury litigation Clients seek out litigation lawyers only when something has gone wrong. In the personal injury arena, they have the added difficulty of dealing […]

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24 July 2018

Keep managing mortgage risk

Table of contentsAdditional mortgage downloadsIntroductionAmadio claimsImprovident transactionsMortgage fraudNo or inadequate securityAdvice on equity release productsLPLC Checklist: Advice on equity release productsTaking instructionsThe effect of the transactionIssues of duressLPLC Amadio ChecklistAppendix OneAppendix TwoAppendix ThreeAppendix FourAppendix FiveAppendix Six Additional mortgage downloads Solicitor’s Certificate – Direct Borrower Solicitor’s Certificate – Third Party, Guarantor etc Translator’s Certificate Client acknowledgement […]

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24 April 2018

Avoiding superannuation claims

Table of contentsIntroductionCommon themesSuperannuation related claims from 1 July 2015 to 30 June 2017Areas of lawSuperannuation checklistAppendix one Introduction Every year LPLC sees claims involving superannuation funds. Claims sometimes arise because the practitioner does not have sufficient knowledge or experience with superannuation matters. Practitioners who regularly act in this area will agree that extensive expertise […]

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7 June 2019

Risk video bite – Adequate security or loans

Presenter: Matthew Rose, LPLC Risk Manager

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2 May 2019

Risk video bite – Attention to detail in wills and estates

Presenter: Heather Hibberd, LPLC Chief Risk Manager

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5 April 2019

Risk video bite – Systems save claims

Presenter: Stephen Bubb, LPLC Risk Manager

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1 March 2019

Risk video bite – Buying or selling a small business

Presenter: Matthew Rose, LPLC Risk Manager

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1 February 2019

Risk video bite – Inadequate advice

Presenter: Phil Nolan, LPLC Risk Manager

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29 March 2019

Retrospective changes proposed for residential ‘off the plan’ sunset clauses

Table of contentskey risk alertsSunset clauses – details of the proposed amendments Retrospectivity trap for practitioners What you should do now Other legislative changes proposed in the bill key risk alerts New bill proposes changes to the operation of sunset clauses in residential off the plan sales contracts. Proposed new requirements will prevent a vendor […]

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15 August 2018

Vendor/supplier GST withholding notice

There is no prescribed form for section 14-255 supplier GST withholding notice. Below is a suggested form of notice practitioners are welcome to use or adapt.Page two of the notice contains some notes for its use.   Vendor_supplier GST withholding notice(PDF Version) | Vendor_supplier GST withholding notice(Word Version)    

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14 August 2018

Medical Treatment Planning and Decisions Act 2016 (Vic)

Key points Appointments of medical treatment decision makers and advanced care directives replace medical powers of attorney and refusal of medical treatment certificates from 12 March 2018. Medical power of attorneys entered into before 12 March 2018 are taken to be appointments of medical decision makers. Any refusal of treatment certificates created before 12 March […]

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7 August 2018

Some purchasers required to withhold GST from 1 July 2018

Download PDF Suggested resources: Vendor/supplier GST withholding notice Key points New GST withholding regime applying to some settlements from 1 July 2018. New notification obligations on vendors of new residential or potential residential land. New notification and withholding obligations on purchasers of new residential or potential residential land. Penalties apply for both vendor and purchaser […]

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27 June 2018

GST withholding special condition

Download PDF GST withholding 1.1. In this special condition, section references are to Schedule 1 of the Taxation Administration Act 1953 (Cwth) as amended by Treasury Laws Amendment (2018 Measures No.1) Act 2018 (Cwth) and asterisked terms have the same meanings as when used in that schedule. 1.2. If section 14-255(1) applies to the supply […]

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