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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Addition to Local Govt. Act 1989 (Vic): potential effects of cladding rectification agreements and charges on land

9 November, 2018

  New service charges may be placed on land pursuant to a new part 8B in the Local Government Act 1989 (Vic) inserted by the Building Amendment (Registration of Building Trades and Other Matters) Act 2018 (Vic). The new part came into operation on 30 October 2018 and provides for: councils to enter into agreements […]

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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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Go back and check!

12 October, 2018

When drafting documents to formalise previously agreed arrangements, how careful are you to go back and review your client’s instructions and relevant documents such as heads of agreement? Relying on your memory or making assumptions is fraught with risk. In one claim, a practitioner drew a suite of documents for the seller of a business […]

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In Check Issue 80 | September 2018

1 October, 2018

Conveyancing claims in 2017-18 Conveyancing claims accounted for over 30 per cent of the cost of claims in the last policy year costing an estimated $11.9m. They have consistently been in the top two areas of claims by both number and cost for many years. The mistakes often stem from practitioners not knowing or keeping […]

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Risk management essentials for lawyer directors

21 September, 2018

Serving on a company board can be rewarding for practitioners in various ways. However, when taking on a directorship, including for a non-profit, you need to be aware of the risks including the potential for the separate roles of director and legal adviser to become blurred. Any lawyer director needs to consider whether they are […]

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Retrospective changes proposed for residential ‘off the plan’ sunset clauses

4 September, 2018

Download PDF Retrospective changes proposed for residential ‘off the plan’ sunset clauses The Sale of Land Act Amendment Bill 2018 (Vic) (the bill) recently introduced into parliament contains several important consumer reforms to the Sale of Land Act 1962 (Vic) (the SL Act). The bill proposes amendments to the operation of sunset clauses in residential […]

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Are your lender clients secure?

31 August, 2018

Are your lender clients secure? Failing to put in place proper security for lender clients was one of the most costly mistakes in our mortgage claims in the last policy year where the total mortgage related claims accounted for 19 per cent of the cost of all claims. We have recently updated our Keep managing […]

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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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