PPS hotline service

LPLC has a PPS hotline service that answers our practitioners’ client related PPS questions.  Practitioners should email Phillip Nolan or contact him on 9672 3800.

Before contacting the PPS hotline search here for answers to frequently asked questions relating to the Personal Property Securities Act 2009.

Where the queries are complex we will brief one of our panel of practitioners to advise and LPLC will pay for the first half hour of their time in providing the answer.  The response will be provided to LPLC and the inquiring practitioner.  If the query requires more than the half hour the panel practitioner will contact the insured practitioner making the inquiry and come to an arrangement.

8 May 2017

Be prepared

Office policies and procedures are good risk management. There are many risk management benefits to having well-written and implemented office policies and procedures, including enabling employees to clearly understand their individual and team roles and responsibilities within the firm. The LPLC has developed a list of policies (and some procedures) for legal firms. It can […]

26 April 2017

How to defend against cyber crime

Practitioners need to do more to keep the door locked. Virtually all law practices today are vulnerable to cyber attacks which have the potential to disrupt delivery of legal services and compromise the security of clients’ confidential information. All staff need to understand how cyber attacks commonly occur and firms need to implement appropriate risk […]

27 March 2017

In Check Issue 74 | March 2017

Table of contentsWhat is new on LPLC’s website?What is happening in cyber risk?Are you ready for the DBDRV?Common GST questions – GST and adjustments for sale of commercial property2017 Risk Management seminars2017/18 Insurance renewalsLaw Institute Journal articles What is new on LPLC’s website? Cyber security page We have a new risk management page dedicated to […]

1 March 2017

When tax needs to be raised

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 […]

1 February 2017

Misplaced trust

There are some important steps to take when handling trust money. The LPLC sees numerous claims against practitioners who are alleged to have distributed trust money to a party not entitled to receive it. For risk management purposes, two critical points in time are when a client instructs a practitioner to receive money on trust […]

6 November 2016

1 July 2016 new CGT withholding payments – practical examples

August 2016 (revised November 2016) Table of contentsIntroductionTaxable Australian real property acquired directly from registered proprietor(s)LeasesIndirect Australian real property interestsOther issuesFurther information on the ATO website Introduction This bulletin contains practical examples of how the new withholding requirements which commenced 1 July 2016 work. 1 July new CGT withholding payments for real property sales of […]

19 October 2016

Cyber security cautionary tale

Table of contentsIntroductionThe realistic emailHijacking his emailLessons Introduction Cyber security needs to be at the forefront of everyone’s mind, whether you are in a small firm or a large firm. The recent experience of a Victorian law firm is a good example of how easy it is to be caught out. The realistic email A […]

6 July 2016

New CGT withholding payments for options, company title interests and indirect Australian real property transactions

Introduction This bulletin contains more information on the new withholding requirements which commenced on 1 July 2016. It focuses on: options and rights to acquire company title interests indirect Australian real property interests. For information about other aspects of the new regime please refer to the LPLC bulletin 1 July new CGT withholding payments for real […]

2 June 2016

1 July new CGT withholding payments for real property sales of $2M or more

Table of contentsKey pointsATO forms and information Key points New requirements for contracts of sale of real estate worth $2M or more entered into from 1 July 2016. All purchasers of such real estate must withhold 10 percent of the purchase price unless they are given a clearance certificate by the vendor. Vendors of such […]

24 September 2014

New ID law means mortgages could be void

Strict requirements for mortgagees to take positive steps to verify the identity of borrowers were introduced in Victoria on 24 September 2014. Similar requirements are already in place in Queensland, New South Wales, South Australia and Western Australia. The Transfer of Land Amendment Act 2014 (Vic) received Royal Assent on 23 September 2014 and commenced […]

19 May 2017

Destroy titles or make them invalid?

The announcement by Land Use Victoria that all land transactions will be conducted electronic by July 2019 is a timely reminder that practitioners need to implement a process to either destroy any paper titles or make them invalid in accordance with clause 6 of schedule 3 to the ARNECC Model Participation Rules. There are a […]

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 […]

5 May 2017

PPSA registrations and the need for perfection

When registering security interests on the Personal Property Securities Register (PPSR) the financing statement must be accurate and knowing when to use the ACN and the ABN is critical. Financing statements must list: ACN for corporations ABN for partnerships, trustees and body politics full name and date of birth for individuals even if they have […]

28 April 2017

Time to prepare for mandatory notification of data breaches

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cwlth) was passed on 13 February 2017 and will come into effect within 12 months. It amends the Privacy Act 1988 (Cwlth) (Act) by introducing a scheme for mandatory notification of data breaches. The provisions apply to public and private organisations regulated by the Act, which include […]

21 April 2017

Just run your eyes over this

Practitioners who act repeatedly for a client need to document the scope of work for each matter, irrespective of its size. LPLC has received claims where a client made a casual request for a practitioner to conduct a cursory check of a document, only to later allege they expected the practitioner to advise on issues […]

3 February 2017

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 […]

23 November 2016

Key Risk Checklist: GST

GST is not simple but there are some simple 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) Input taxed supplies ☐  Is the supply wholly input taxed? No GST payable where the […]

19 October 2016

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. ☐  Ensure staff have regular training on cyber security and fraud prevention including: risks associated with clicking on […]

19 October 2016

Key Risk Checklist: Advice on equity release products

Table of contentsLPLC Checklist: Advice on equity release productsTaking instructionsThe effect of the transactionIssues of duress LPLC Checklist: Advice on equity release products While the following checklist is not exhaustive, it is designed to prompt you to consider the many dimensions of these transactions. The checklist may be photocopied for ongoing use. Client: Matter: Taking […]

19 October 2016

Key Risk Checklist: Amadio Checklist

LPLC Amadio Checklist While the following checklist is not exhaustive, it does draw attention to the key areas that many practitioners overlook in Amadio transactions. The checklist may be photocopied for ongoing use. Client: Matter: ☐  Allocate only one person in the office to give practitioner’s certificates. ☐  Confine the provision of a practitioner’s certificate […]

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 […]

17 October 2016

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 Five Additional mortgage downloads Solicitor’s Certificate – Direct Borrower Solicitor’s Certificate – Third Party, Guarantor etc Translator’s Certificate Client acknowledgement Introduction […]

13 September 2016

Saving superannuation claims

Table of contentsIntroductionCommon themesSuperannuation related claims from 1 July 2011 to 30 June 2015Areas of lawSuperannuation ChecklistAppendix One Introduction LPLC has seen numerous claims against practitioners 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 […]

6 September 2016

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 […]

29 May 2015

A guide for beneficiaries

Table of contents20 frequently asked questions about being a beneficiary1 Who is a beneficiary?2 What is ‘an estate’?3 Who is an executor?4 What is the role of the executor?5 Do all the beneficiaries need to agree with decisions of the executor?6 Must an executor take on the responsibility?7 Who pays the executor?8 Who arranges the […]

14 February 2017

Snapshot – Personal injury litigation

Snapshots provide data and main causes of claims in areas of practice as well as risk management strategies at a glance. Click the image to enlarge or download to print.