16 November 2018
When seven years isn’t long enough
How long should you keep your file after a matter has concluded? Some practitioners routinely destroy files seven years after closure with client authorisation. In some instances experience tells us you should keep files for longer, especially where a cause of action can accrue more than six years after the retainer has ended. Retaining files […]
26 October 2018
Fraudsters: don’t let them in!
If a complete stranger appeared at your door and invited themselves into your home, would you let them in? Probably not. Then why do so many people open the door to cyber-criminals on their computers? A common misconception is that most cyber-crimes involve hacking: the use of computer technologies to gain access to computers and […]
19 October 2018
Be sure before disbursing trust money
When acting as stakeholder, you need to check that any conditions for disbursing the money have been strictly met and keep appropriate documentary evidence. In one claim, a practitioner acted for a company that was to be nominated by an affiliate as the purchaser of a property for development. The client needed to raise capital […]
17 August 2018
What did they expect?
When sued by a client, the reaction from some practitioners is ‘What did they expect for what I charged?’ However, a court will give little regard to your fees when determining the extent of your retainer and whether you discharged your duty. You need to be clear about the scope of your retainer, irrespective of […]
10 August 2018
New ipso facto regime has commenced
The amendments to the insolvency regime in the Corporations Act 2001 (Cwlth) to restrict the rights of parties to enforce ipso facto clauses in new contracts came into effect on 1 July 2018. These clauses typically allow a party to terminate or exercise other contractual rights if the counterparty enters into an insolvency. Under the […]