risk-management.php

Water hotline service

LPLC has a Water Hotline that answers our practitioners client-related water unbundling questions.

Practitioners should email Heather Hibberd at heather.hibberd@lplc.com.au or contact her on +61 3 9672 3800. Where the queries are complex we will brief one of our panel of water experts to advise and LPLC will pay for the first half of time in providing the answer. The response will be provided to the LPLC and the enquiring practitioner. If the query requires more than the half hour the panel practitioner will contact the insured practitioner making the enquiry and come to an arrangement.

Contact details
Heather Hibberd | +61 3 9672 3800heather.hibberd@lplc.com.au

11 July 2019

Do they have the authority?

Verifying authority is an essential part of risk management. Snapshot Always verify the authority of the client. Be aware of high risk situations including acting for a company, multiple clients or for an attorney. Use a checklist to verify authority. It should go without saying that you should not act on a client’s instructions if […]

More
27 June 2019

In Check Issue 83 | June 2019

Table of contentsThe engagement habitEngagement basics – non-engagement lettersRetrospective changes to ‘off the plan’ sunset clauses now lawWhat’s your cyber recovery plan?Cyber insurance is part of planning for the worstCommon GST questionsAbout to go on holiday?RMI On the Road round-up What’s new on LPLC’s website Risk management seminars Changing your email address? The engagement habit […]

More
20 June 2019

Checklists can help avoid a claim

LPLC has a range of risk management checklists to help practitioners. Checklists are an essential risk management tool that should be used routinely by any legal practice. If you find it difficult to set aside time to develop these tools yourself, the free checklists on LPLC’s website can help. Here are some fundamental checklists that […]

More
17 May 2019

How to avoid the traps

By Caroline Drew of Obst Legal Introduction Acting on behalf of purchasers of land is a common occurrence for many practitioners. Most of the time the transaction runs smoothly with the client becoming the new owner of exactly what was intended. However, not every transaction is the same and practitioners need to be wary of […]

More
16 May 2019

Law Institute Journal Conveyancing Special Edition 2019

If there is one thing that could reduce professional indemnity insurance premiums over time it would be to reduce the incidence and severity of conveyancing claims. In the 2017/2018 FY, property and conveyancing accounted for 25% of claims by area of practice received by LPLC. For the May edition of the LIJ, LPLC have contributed a […]

More
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 […]

More
25 September 2018

PEXA, email, electronic funds transfers and cyber-crime

Table of contentsPEXA, email, electronic funds transfers and cyber-crimeThe risk of EFT-fraud for lawyers is human error, not ITVerify all email instructions for the transfer of fundsAlways double-check bank account details before sign-offPEXA residential seller’s guaranteeWhat the PEXA residential seller guarantee coversThree-day time limit for seller to apply for guaranteeWhat to do if EFT fraud […]

More
25 September 2018

GST withholding practical examples

Download PDF Table of contentsGST withholding practical examplesResidential premisesFarm landVendor registration GST withholding practical examples This bulletin contains practical examples in question and answer format of how the purchaser GST withholding provisions work. For general information about the withholding requirements see the bulletin Some purchasers required to withhold GST from 1 July 2018. Contracts signed […]

More
14 August 2018

Medical Treatment Planning and Decisions Act 2016 (Vic)

Download PDF Key points   Appointments of medical treatment decision makers and advanced care directives replace medical powers of attorney and refusal of medical treatment certificates from 1 July 2018. Medical power of attorneys entered into before 1 July 2018 are taken to be appointments of medical decision makers. Any refusal of treatment certificates created […]

More
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 […]

More
18 July 2019

Make it a rule to include water information certificates

There is a good reason why you should always include a water information certificate in a section 32 statement. The certificates will show the water and sewer lines, which are unregistered easements, and need to be disclosed. Section 32C of the Sale of Land Act 1962 (Vic) says that the section 32 statement must contain: […]

More
3 July 2019

Property damage insurance claims: How long have you got?

The New South Wales Court of Appeal held earlier this year that the limitation period for a claim under a property damage insurance policy starts when the property damage occurs, not when the insurer declines indemnity. In the case Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 (26 February 2019), the policyholder Globe […]

More
13 June 2019

Electronic conveyancing obligations – be prepared for a compliance examination and subscriber review

  Download PDF Subscribing to electronic conveyancing is not a ‘set and forget’ process but requires regular checking that you are complying with your subscriber obligations, particularly in relation to client authorisation, verification of identity, right to deal, document retention and system security. Regular checking should also mean that you are well prepared for a […]

More
7 June 2019

Retrospective changes to ‘off the plan’ sunset clauses now law

As foreshadowed in our blog of 30 May the Sale of Land Amendment Act 2019 (Vic) is now in operation having received royal assent on 4 June 2019 — meaning the retrospective changes to off-the-plan sunset clauses retrospectively came into operation from 23 August 2018. The new requirements prevent a vendor rescinding residential off the […]

More
30 May 2019

Retrospective changes to ‘off the plan’ sunset clauses passed in parliament

The Sale of Land Amendment Bill 2019 (Vic) was passed in Parliament on 28 May — meaning the retrospective changes to off the plan sunset clauses will come into operation as soon as the bill receives royal assent. The new requirements will prevent a vendor rescinding residential off the plan contracts based on a sunset […]

More
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.

More
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 […]

More
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’. ☐ […]

More
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 […]

More
27 January 2018

Risk management audit checklist

Don’t wait for the worst to happen – use this audit checklist to determine and monitor whether your practice is at risk of a negligence claim. Introduction This audit checklist is a risk management tool for legal practitioners to determine and monitor whether their practice is at risk of a negligence claim arising from poor […]

More
28 February 2019

Claim free conveyancing

Additional conveyancing download: Default 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 Introduction Claim […]

More
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 […]

More
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 […]

More
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 […]

More
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 […]

More
7 June 2019

Risk video bite – Adequate security or loans

Presenter: Matthew Rose, LPLC Risk Manager

More
2 May 2019

Risk video bite – Attention to detail in wills and estates

Presenter: Heather Hibberd, LPLC Chief Risk Manager

More
5 April 2019

Risk video bite – Systems save claims

Presenter: Stephen Bubb, LPLC Risk Manager

More
1 March 2019

Risk video bite – Buying or selling a small business

Presenter: Matthew Rose, LPLC Risk Manager

More
1 February 2019

Risk video bite – Inadequate advice

Presenter: Phil Nolan, LPLC Risk Manager

More
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 […]

More
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)    

More
14 August 2018

Medical Treatment Planning and Decisions Act 2016 (Vic)

Download PDF Key points   Appointments of medical treatment decision makers and advanced care directives replace medical powers of attorney and refusal of medical treatment certificates from 1 July 2018. Medical power of attorneys entered into before 1 July 2018 are taken to be appointments of medical decision makers. Any refusal of treatment certificates created […]

More
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 […]

More
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 […]

More