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1 February 2018
Use counsel wisely
Think about your approach to accepting work and briefing counsel. LPLC receives claims that can be attributed to practitioners’ over-reliance on, or poor briefing of, a barrister. In some instances, the practitioner acts outside their area of expertise and thinks they can just brief a barrister. In others, they fail to adopt a proactive approach […]
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28 September 2016
In Check Issue 72 | September 2016
Table of contentsClarifying some CGT withholding issuesPriority notices to commence in December 2016Unfair contract terms protection extended to small businessCommon GST question2016 Risk Management SeminarsLaw Institute Journal articles Clarifying some CGT withholding issues If you missed LPLC’s three recent bulletins about the new CGT withholding regime you can read them here. As our bulletins explain, the new regime […]
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27 June 2016
In Check Issue 71 | June 2016
Table of contentsUrgent bulletin for conveyancing practitioners: 1 July new CGT withholding payments for real property sale of $2M or moreA further stamp duty increase for foreign purchasersChanges to lodging fees from 1 July 2016Changes to the Power of Attorney Act 2014Badenach v Calvert – the final chapterNew page for new firms on LPLC websiteCommon […]
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31 March 2016
In Check Issue 70 | March 2016
Table of contentsCyber-crime – how alert are you?Common GST questionImportance of good working relationships within the professionReminder for RedCrest2016 Risk Management SeminarsCheck your contracts for deemed serviceNew look websiteLaw Institute Journal articles Cyber-crime – how alert are you? Lawyers and the legal profession are increasingly becoming targets of cyber-crime and while many law firms may not […]
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1 December 2015
In Check Issue 69 | December 2015
Table of contentsCount your days to the end of the year carefullyCommon GST queries about the farming business exemptionUpdated purchaser statementChanges to foreign investment framework2016 Risk Management SeminarsNew training video – The New NormalOffice closure over Christmas and New YearLaw Institute Journal articles Count your days to the end of the year carefully As the […]
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12 May 2017
Litigating for nominal damages is risky
Where a client wants to pursue a claim on a matter of principle for nominal damages, practitioners need to consider their overarching obligations under the Civil Procedure Act 2010 (Vic). In Actrol Parts Pty Ltd v Coppi (No 3) [2015] VSC 758, Mr Coppi, an employee of Actrol Parts Pty Ltd (Actrol), was put on […]
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9 December 2016
Do you know your limits?
Practitioners who are experts in a specific area of law sometimes find themselves in unfamiliar territory without realising it. Practitioners who usually do domestic conveyancing maybe out of their depth when they receive instructions about the purchase of a commercial building with multiple tenants and where the purchaser is a self-managed superannuation fund who will […]
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21 October 2016
Guide for personal injury lawyers updated
LPLC’s practice risk guide Pitfalls in personal injury litigation has been updated to assist practitioners who practise in this area avoid claims. For many personal injury plaintiffs litigation is unfamiliar territory as well as being an emotionally-charged environment. Due to this and the complexities of personal injury legislation claims against practitioners arise for a variety […]
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23 September 2016
Stay on the right side of the line in mediations
Tactics are an essential part of mediations as practitioners seek to reach an outcome favourable to their clients. However, there are legal and ethical limits to how far practitioners can go in settlement negotiations. Practitioners in mediations should be mindful of the provisions of Part 2.3 of the Civil Procedure Act 2010 (Vic) and section […]
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29 July 2016
Ensure there is a proper basis for seeking a personal cost order
LPLC has seen an increase in the number of claims involving personal cost orders since the Civil Procedure Act 2010 (Vic) was introduced. However, a recent decision of the Victorian Supreme Court shows that practitioners who threaten to seek a personal cost order against another practitioner may themselves be in breach of the Act if the […]
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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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11 May 2017
Know your limits
Table of contentsIntroductionLessons from the claimsTime limits most commonly missedClaims examples Introduction With the proliferation of time limits in legislation today missing limitation dates is a mistake that occurs in many areas of the law. The reasons for missing time limits are varied as are the potential repercussions. Sometimes it is a lack of knowledge […]
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20 January 2015
Commercial litigation – stay alert
Table of contentsIntroductionThe causes of claimsCommon problemsOther risksLPLC Commercial Litigation Checklist Introduction Managing the client’s expectations during litigation is the key to containing risks in this area. Commercial litigation – stay alert provides examples of how things can go wrong in commercial litigation and how practitioners can minimise the risk of a claim. The relationship […]
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