When seven years isn’t long enough

16 November, 2018

How long should you keep your file after a matter has concluded? Some practitioners routinely destroy files seven years after closure with client authorisation. In some instances experience tells us you should keep files for longer, especially where a cause of action can accrue more than six years after the retainer has ended. Retaining files […]

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Fraudsters: don’t let them in!

26 October, 2018

If a complete stranger appeared at your door and invited themselves into your home, would you let them in? Probably not. Then why do so many people open the door to cyber-criminals on their computers? A common misconception is that most cyber-crimes involve hacking: the use of computer technologies to gain access to computers and […]

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Be sure before disbursing trust money

19 October, 2018

When acting as stakeholder, you need to check that any conditions for disbursing the money have been strictly met and keep appropriate documentary evidence. In one claim, a practitioner acted for a company that was to be nominated by an affiliate as the purchaser of a property for development. The client needed to raise capital […]

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You need to take the good with the bad

25 May, 2018

When acting in litigation, it is essential to take detailed instructions about any circumstances that weaken your client’s case in addition to those that support the case. In one claim, the practitioner acted for a claimant in a claim under Part IV of the Administration and Probate Act 1958 (Vic) against the estate of her […]

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Risk video bite – Family law financial agreements

4 May, 2018

Presenter: Alex Macmillan, Claims 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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In Check Issue 78 | March 2018

27 March, 2018

Cyber fraud – it can happen to you No firm is immune from cyber-criminals and their fake emails. We are seeing an increase in attempts to steal money by hackers masquerading as either the client or the lawyer in fake emails. Below is a summary of two of our recent notifications. The law firm duped […]

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Will it be right?

1 March, 2018

Mistakes in the preparation of wills can be avoided with careful proofreading. In the 2016-17 policy year, wills and estates claims accounted for 11.7 per cent of the total cost of claims and 8.4 per cent of the total number. In the previous 10-year period, these figures were 6.8 per cent and 3.2 per cent […]

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High Court decision underlines vulnerability of financial agreements

9 February, 2018

The recent High Court case of Thorne v Kennedy [2017] HCA 49 further illustrates why family law financial agreements are fraught with risk. In that case, the plurality comprising Kiefel CJ, Bell, Gageler, Keane and Edelman JJ held two substantially identical financial agreements voidable due to undue influence and unconscionable conduct. The parties met online […]

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Snapshot – Family law

6 February, 2018

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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