A risk to avoid in the TFM list

13 April, 2018

Failing to comply with paragraph 7.2 of the Testator Family Maintenance List Practice Note SC CL 7 could expose you to a cost order. The Supreme Court issued a notice on 11 December 2017 informing practitioners that as of 1 March 2018 they were expected to comply with paragraph 7.2 by 2pm on the Friday […]

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Contractual rights to be unenforceable when linked to insolvency events

23 February, 2018

The insolvency regime in the Corporations Act 2001 (Cwlth) has been amended to restrict the rights of parties to enforce ipso facto clauses in new contracts from the 1 July 2018 unless the amending Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cwlth) is proclaimed earlier. These clauses typically allow a party to […]

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Litigating for nominal damages is risky

12 May, 2017

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 […]

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Know your limits

11 May, 2017

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 by the lawyer that the time limit exists, or failing to […]

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Do you know your limits?

9 December, 2016

Practitioners who are experts in a specific area of law sometimes find themselves in unfamiliar territory without realising it. Practitioners who usually do domestic conveyancing maybe out of their depth when they receive instructions about the purchase of a commercial building with multiple tenants and where the purchaser is a self-managed superannuation fund who will […]

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Stay on the right side of the line in mediations

23 September, 2016

Tactics are an essential part of mediations as practitioners seek to reach an outcome favourable to their clients. However, there are legal and ethical limits to how far practitioners can go in settlement negotiations. Practitioners in mediations should be mindful of the provisions of Part 2.3 of the Civil Procedure Act 2010 (Vic) and section […]

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Know the boundary between expertise and dabbling

2 September, 2016

You should always be aware of the risks when a matter moves into unfamiliar territory beyond your expertise. This often happens where the matter starts within a practitioner’s normal area of practice but subsequently takes a turn into another area. Sometimes the practitioner thinks ‘it can’t be that different’ from the area familiar to them. […]

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Ensure there is a proper basis for seeking a personal cost order

29 July, 2016

LPLC has seen an increase in the number of claims involving personal cost orders since the Civil Procedure Act 2010 (Vic) was introduced. However, a recent decision of the Victorian Supreme Court shows that practitioners who threaten to seek a personal cost order against another practitioner may themselves be in breach of the Act if the […]

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Old mistakes and new laws: VOI and other conveyancing issues

28 June, 2016

P Nolan Risk Manager LPLC 2016 Regional Risk Management Tour CPD points: 1 PM Additional VOI Downloads

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Failing to plan is planning to fail

3 May, 2016

Practitioners need to be proactive from the outset in litigation matters. Litigation matters can be protracted and unpredictable. Consequently, practitioners often approach these matters one step at a time and deal with issues when they become critical. To manage risk effectively, you need to be proactive from the outset. Time limits Always identify and diarise applicable limitation dates at the […]

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