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Wellbeing and mental health

The legal profession is overrepresented when it comes to mental illness and in Australia, lawyers are more likely than the general population to experience depression and anxiety. The Brain and Mind Research Institute reported in 2009 that almost a third of solicitors and one in five barristers surveyed suffered from clinical depression during their career.

Law firms and legal industry bodies across Australia are committed to the wellbeing and mental health of all lawyers and there are number of resources to encourage education and awareness of this important issue. Below are just a few.


Resilience@law

Resilience@law is a collaboration between major firms and The College of Law.  It aims to raise the levels of awareness and understanding of the nature and impact of stress, depression and anxiety across the legal profession. To encourage education and awareness of mental health and awareness in the legal profession generally Resilience@Law together with 10 other firms committed funding to work with Black Dog and artist Matthew Johnstone to create a series of videos for mental health month – Staying Well in the Law. Below are the links to the three separate videos and also a link to the full video.


LSSA’s free online health and wellbeing package – 1 CPD unit

The Law Society of South Australia, with a grant received from the Professional Standards Council of Australia, has developed a free online health and wellbeing package that aims to expand participants’ knowledge of mental health issues, and for participants to then contribute to building a culture of wellness and self-care throughout the legal profession. To access the program, go to the Law Society of South Australia ‘s website. You don’t have to be a LSSA member but you will need to create an account and login. Click on the wellbeing and resilience logo at the bottom of the front page to get to the page with the wellness and resilience online program. It should take between one to one and a half hours, and completing it earns you one CPD unit in the compulsory area of professional development.


Tristan Jepson Memorial Foundation

The Tristan Jepson Memorial Foundation’s objective is to decrease work related psychological ill-health in the legal community and to promote workplace psychological health and safety. Since its beginnings in August 2008, the foundation has been at the forefront of building greater awareness of depression and anxiety across all areas of the legal fraternity. It continues to improve education and build effective models of support which focus on mental health wellbeing within the legal education system and the legal profession.  In particular their free Workplace Wellbeing: Best Practice Guidelines that provide a comprehensive set of resources designed to protect and promote psychological health and safety in the legal workplace.


Other useful links 

If you or someone you know are experiencing mental health concerns please contact the following organisations:

Vic Lawyers Health  T: 1300 664 744 | www.viclawyershealth.com.au

Lifeline Australia T: 13 11 14 | www.lifeline.org.au

Beyond Blue  T: 1300 22 4636 |  www.beyondblue.org.au

SANE Australia  T: 1800 18 7263 | www.sane.org

Headspace (for up to 25 years of age) T: 1800 650 890 | http://www.headspace.org.au/

MensLine Australia T: 1300 789 978 | https://mensline.org.au/

Suicide Call Back Service T: 1300 659 467 | https://www.suicidecallbackservice.org.au/

QLife on T: 1800 184 527 | https://qlife.org.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 […]

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27 June 2019

In Check Issue 83 | June 2019

The engagement habit Our risk management focus for the 2019/20 financial year is engagement management. Badly managing the client engagement was the second most costly and numerous underlying cause of claims in the last ten years.  The root causes of these claims included: not clarifying who is the client acting in a conflict not clarifying […]

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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 […]

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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 […]

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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 […]

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29 March 2019

Retrospective changes proposed for residential ‘off the plan’ sunset clauses

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 rescinding ROTP contracts based on a sunset clause without: at least 28 days written notice a purchasers consent The bill provides that the ‘notice’ and ‘consent’ provisions will […]

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25 September 2018

PEXA, email, electronic funds transfers and cyber-crime

PEXA, email, electronic funds transfers and cyber-crime On 25 June 2018 LPLC published a security warning for PEXA users arising from some recent instances of fraudulent activity impacting PEXA transactions. One of these (‘the MasterChef case’) involved a fraudster entering the PEXA workspace and changing payment account details to divert $250,000 of the proceeds of […]

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25 September 2018

GST withholding practical examples

Download PDF 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 before 1 July 2018 Question 1 Our clients purchased […]

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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 […]

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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 […]

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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: […]

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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 […]

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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 […]

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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 […]

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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 […]

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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.

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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 […]

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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’. ☐ […]

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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 […]

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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 […]

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28 February 2019

Claim free conveyancing

Additional conveyancing download: Default notice Introduction Claim free conveyancing has been produced to help practitioners avoid the most common mistakes which have resulted in a claim in conveyancing transactions. By being aware of how and why mistakes occur, you will be in a better position to protect against claims. Claims against practitioners arising from conveyancing […]

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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 […]

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6 August 2018

Pitfalls in personal injury litigation

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 with a physical or mental impairment and its consequences. This means the relationship is going to be challenging from the start. It can be made even more difficult if […]

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24 July 2018

Keep managing mortgage risk

Additional mortgage downloads Solicitor’s Certificate – Direct Borrower Solicitor’s Certificate – Third Party, Guarantor etc Translator’s Certificate Client acknowledgement Introduction From 1 July 2015 to 30 June 2017 LPLC has received 43 mortgage claims at a total estimated cost of $3M. Smaller law firms continue to be more vulnerable to these types of claims. Of […]

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24 April 2018

Avoiding superannuation claims

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 and understanding is required to properly advise clients and to have the best chance to avoid a claim. […]

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7 June 2019

Risk video bite – Adequate security or loans

Presenter: Matthew Rose, LPLC Risk Manager

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2 May 2019

Risk video bite – Attention to detail in wills and estates

Presenter: Heather Hibberd, LPLC Chief Risk Manager

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5 April 2019

Risk video bite – Systems save claims

Presenter: Stephen Bubb, LPLC Risk Manager

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1 March 2019

Risk video bite – Buying or selling a small business

Presenter: Matthew Rose, LPLC Risk Manager

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1 February 2019

Risk video bite – Inadequate advice

Presenter: Phil Nolan, LPLC Risk Manager

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29 March 2019

Retrospective changes proposed for residential ‘off the plan’ sunset clauses

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 rescinding ROTP contracts based on a sunset clause without: at least 28 days written notice a purchasers consent The bill provides that the ‘notice’ and ‘consent’ provisions will […]

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)    

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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 […]

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