Only use solicitors certificates that comply with rule 11

16 February, 2018

We regularly receive calls from practitioners raising issues about a lender, usually a bank, with the most common being the use of solicitors’ certificates which do not comply with rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015. Practitioners asked to sign solicitors’ certificates evidencing advice to proposed signatories about loans, mortgages […]

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Key Risk Checklist: Electronic property transactions – office management

18 December, 2017

Electronic property transactions – office management checklist Office policy content Below is a list of issues to consider when writing your office policy and recommended responses. ☐  Who will hold a digital signature? The digital signature is embedded in a USB. Preferably only partners have digital signatures. ☐  How a digital signature’s USB and pin […]

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Key Risk Checklist: Electronic property transactions

18 December, 2017

Electronic property transactions – matter checklist ☐  Is there an electronic transaction clause in the contract? ☐  Discussed with the client whether the conveyance can be done electronically or on paper. – Land Use Victoria has announced that all transaction will be electronic by August 2019. ☐  Client told consequences of conducting electronically. Any paper […]

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Clearance certificate questions keep coming

15 December, 2017

LPLC receives enquiries most weeks about the Federal Government foreign residents withholding regime with many practitioners being referred to the following three LPLC bulletins for the answers to their questions. 1 July 2017 amended CGT withholding payments for real property sales Amended CGT withholding payments for options, company title interests and indirect Australian real property […]

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Key Risk Checklist: Solicitor’s certificates for borrowers or surety providers

12 December, 2017

Updated: December 2017 Solicitor’s certificates for borrowers or surety providers ☐  Allocate only one person in the office to give solicitor’s certificates. ☐  Confine the provision of a solicitor’s certificate to existing clients. ☐  Where the client receives the security documents before you, request they send you the documents well in advance of your meeting […]

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Stop and think about loan agreements

10 November, 2017

When a client insists on entering into a risky loan agreement, it is essential to step back and think about whether the client has made an informed choice and you have documented their instructions and your advice. In one claim, the practitioner acted for a lender regarding a loan to a property developer. The practitioner […]

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Looking after leases

6 November, 2017

Introduction Looking after leases contains details of claims, relevant cases and legislation affecting retail leases. It is designed to raise your awareness of common problems in commercial and retail lease transactions, and help you protect your practice against claims. Residential leases, crown leases, caravan park site agreements and retirement village agreements are outside the scope of […]

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Time to retire retirement village claims

20 October, 2017

Since 2013/14 LPLC has seen 18 claims involving aged care facilities and retirement villages. The current estimate of the cost of these claims is in excess of $4million. Claims arise in the three main areas of: buying and selling retirement villages or aged care facilities advising on retirement village contracts for residents drafting wills. With […]

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Conveyancing resources

13 October, 2017

Property and conveyancing claims are the most numerous and expensive for 2016/17. One worrying trend is that the number of large conveyancing claims exceeding $1million have increased by 20 per cent compared to 2015/16. This is one reason LPLC focused on conveyancing claims at the 2017 Risk Management Intensive in a session titled ‘Conveyancing done […]

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Claim free conveyancing

25 September, 2017

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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