Risk video bite – defective section 32 statements

7 September, 2018

Presenter: Phillip Nolan, LPLC Risk Manager

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What did they expect?

17 August, 2018

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 […]

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New ipso facto regime has commenced

10 August, 2018

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 […]

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Confirm when discrete tasks are completed in general files

27 July, 2018

One risk of running ‘general files’ is failing to confirm in writing when your obligations in connection with discrete tasks are to be treated as concluded. If you fail to clarify this, you might remain ‘on risk’ for issues beyond the discrete task. In one claim, the practitioner acted for the owner of a nursing […]

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A bad plan

20 July, 2018

A critical issue for any purchaser of an ‘off the plan’ property is ensuring the actual property accords with what they intended to purchase. Therefore, when giving pre-contractual advice to purchasers, it is essential to identify any deficiencies in documentation that could hinder a proper assessment by the purchaser. In one claim, the practitioner was […]

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The trouble with DIY clients

13 July, 2018

Practitioners are finding that some clients are insisting on doing parts of litigation matters themselves, primarily to save legal costs. If you are prepared to accept a limited retainer, you need to manage the risks. In one claim, a practitioner acted on an appeal regarding a dispute over a debt. The client was self-represented at […]

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Risk video bite – Conflicts

6 July, 2018

Presenter: Matthew Rose, Risk Manager, LPLC

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Risk video bite – Personal cost orders

1 June, 2018

Presenter: Matthew Rose, Risk Manager, LPLC

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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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