In Check Issue 81 | December 2018

18 December, 2018

Holiday season reminders The lead up to Christmas with the extra commitments and pressure is a high-risk time for mistakes and oversights. Be diligent and maintain your risk management practices— now is when you need them most. Here is a reminder of the top three areas where we see the most mistakes and oversights during […]

Continue Reading

Risk video bite – defective section 32 statements

7 September, 2018

Presenter: Phillip Nolan, LPLC Risk Manager

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

Risk video bite – Conflicts

6 July, 2018

Presenter: Matthew Rose, Risk Manager, LPLC

Continue Reading

Risk video bite – Personal cost orders

1 June, 2018

Presenter: Matthew Rose, Risk Manager, LPLC

Continue Reading

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 […]

Continue Reading