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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 3800 | heather.hibberd@lplc.com.au

1 October 2017

Audits add value

File audits are an important tool for all legal practices. File reviews are an effective way of checking your firm’s susceptibility to claims as well as being good file management practice. No matter the size of the practice, monitoring files for compliance with the firm’s standards and for identifying risk areas that need attention are […]

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27 September 2017

In Check Issue 76 | September 2017

Table of contentsJustin Toohey – new LPLC CEOPEXA newsChanges to the Administration and Probate Act 1958 (Vic)Powers of attorney amendmentsEnergy efficiency disclosure threshold changesLPLC goes socialRisk Management SeminarsWhat’s new on LPLC websiteChanging your email address? Justin Toohey – new LPLC CEO LPLC is pleased to announce that Justin Toohey has been appointed as Chief Executive […]

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1 September 2017

Video conferencing risks

There are risk management issues to consider when using video conferencing. Video conferencing is a prime example of changing technology affecting the way lawyers do business. Years ago it was only available for large companies and now everyone carries the capability in their pocket. The risks for lawyers of using video conferencing relates to identity […]

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1 August 2017

PPSA claims and changes

What are you doing to avoid a Personal Property Securities Act claim? One of the first LPLC blogs was about the Personal Property Securities Act 2009 (Cth) (PPS Act) (November 2013) and the three little pigs. The message was that the three little pigs had three goes to get it right but practitioners had only […]

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1 July 2017

Risk and GST

Have you correctly dealt with GST issues? LPLC regularly receives notifications where failing to correctly deal with GST issues gives rise to a claim. Most GST claims occur in relation to the sale of commercial or new residential land or the sale of businesses, but claims have also arisen involving the preparation of leases as […]

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29 June 2017

Cyber security breach – claims caused by fake client email

It is no longer safe practice to transfer money to a client’s account based only on email instructions from your client. Always verify email instructions from a client, especially if it involves handling money, by confirming the details orally with the client. LPLC has received four notifications in the last two years, one only last […]

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6 November 2016

CGT withholding payments – practical examples

Updated July 2017 Table of contentsIntroductionTaxable Australian real property acquired directly from registered proprietor(s)LeasesIndirect Australian real property interestsOther issuesDeceased estates and trustsGSTFurther information on the ATO website Introduction This bulletin contains practical examples of how the withholding requirements, which commenced 1 July 2016 and were amended with effect from 1 July 2017, work. For more […]

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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 […]

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6 July 2016

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

Updated July 2017 Table of contentsIntroductionOptions and rights to acquireCompany title interestsIndirect Australian real property interestNon-portfolio interest testPrincipal asset testResidency declarationsMembership interest declarations Introduction This bulletin contains information on the withholding requirements which commenced on 1 July 2016 as amended in June 2017 by the Treasury Laws Amendment (Foreign Resident Capital Gains Withholding Payments) Act […]

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2 June 2016

1 July 2017 amended CGT withholding payments for real property sales

Updated July 2017 Table of contentsKey pointsIntroductionBackgroundKey obligationsExceptionsAssets which are caughtMarket valueWhat to do when acting for a vendorWhat to do when acting for a purchaserATO forms and information Key points Amended withholding requirements for contracts of sale of real estate worth $750,000 or more from 1 July 2017. All purchasers of such real estate […]

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13 October 2017

Conveyancing resources

Property and conveyancing claims are the most numerous and expensive for 2016/17. One worrying trend is that the number of large conveyancing claims exceeding $1million have increased by 20 per cent compared to 2015/16. This is one reason LPLC focused on conveyancing claims at the 2017 Risk Management Intensive in a session titled ‘Conveyancing done […]

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10 October 2017

Stop and think about loan agreements

When a client insists on entering into a risky loan agreement, it is essential to step back and think about whether the client has made an informed choice and you have documented their instructions and your advice. In one claim, the practitioner acted for a lender regarding a loan to a property developer. The practitioner […]

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22 September 2017

Migration lawyers and risk management

At the 2017 LPLC Risk Management Intensive a practitioner mentioned how difficult it was for practitioners to keep up with the constant changes to our immigration system. The same can probably be said for all areas of law. The practitioner also commented that the system is complicated because there are now over 100 types of […]

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15 September 2017

Do I have a conflict?

LPLC regularly receives calls from practitioners seeking guidance about a potential conflict when acting for both the vendor and purchaser of real estate. LPLC also receives claims every year where a practitioner acted for more than one party. In a recent claim a practitioner was instructed to just prepare a section 32 statement as the […]

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8 September 2017

Caveat practitioner

Every year LPLC receives claims involving caveats arising from matters in many different areas. The main message from caveat claims is that practitioners need to recognise when their clients have a caveatable interest and when a caveat should be lodged. Caveat claims in conveyancing matters sometimes arise where a caveat is lodged just prior to […]

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16 August 2017

Key Risk Checklist – Conveyancing resources

    LPLC Resources Comments Checklists: Sale of land – questions for the vendor Purchase of land – questions for the purchaser Property websites and comments Tax issues GST LPLC Face to face verification of identity checklist LPLC has posted numerous blogs about property law issues. You can find our blogs here. You can search […]

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8 August 2017

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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15 June 2017

Key Risk Checklist: File transfer to another practitioner within the firm

    File transferred to another practitioner within the firm Yes No Comment or detail Has the client requested the change of practitioner? □ □ Has the practitioner receiving the file confirmed they have the knowledge and capacity to do the work? □ □ Has the transferring practitioner completed a detailed memorandum that: details the […]

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15 June 2017

Key Risk Checklist: File closing

  Work completed Yes No Comment or detail Have we written to the client confirming: all required work has been completed? □ □ any outstanding issues that are the client’s responsibility? □ □ any critical dates and consequences? □ □ future actions (such as exercise of an option) that is the client’s responsibility? □ □ […]

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15 June 2017

Key Risk Checklist: File transfer to another firm

  File transferred to another firm at request of client Yes No Comment or detail Before we transfer the file have we: spoken with the client about their concerns? □ □ accounted for all work and disbursements? □ □ Have we written to the client confirming: the status of their matter including work completed and […]

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26 September 2017

Small business big risk

Table of contentsIntroductionThe challengesThe most common mistakesPersonal Property SecurityLPLC Small Business ChecklistAppendix OneAppendix Two Introduction 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 […]

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25 September 2017

Claim free conveyancing

Additional conveyancing download: Default notice Table of contentsIntroductionThe causesThe most common mistakesLPLC Vendor’s Practitioner ChecklistLPLC Purchaser’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 free conveyancing has been produced […]

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15 August 2017

Focusing on family law

Table of contentsIntroductionThe causes of claimsFinancial agreementsChild supportProblem areasLPLC Family Law ChecklistAppendix One – SuperannuationAppendix Two – List of cases Introduction As family law clients are often preoccupied and in emotional distress, they require particular care. It is an area where simple risk management steps can make a difference. The scope of the retainer needs […]

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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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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 […]

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22 August 2017

Snapshot – Wills and estates

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 above.                            

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14 August 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 above.                            

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20 July 2017

Working together – roles and obligations

What we will do when we act for you Be courteous and polite at all times. Act in your best interests only. Keep your information confidential unless you give us permission to disclose it or we are required by law to disclose it. To enables us to handle your matter as quickly and economically as […]

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