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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Vendor/supplier GST withholding notice

15 August, 2018

There is no prescribed form for section 14-255 supplier GST withholding notice. Below is a suggested form of notice practitioners are welcome to use or adapt.Page two of the notice contains some notes for its use.   Vendor_supplier GST withholding notice(PDF Version) | Vendor_supplier GST withholding notice(Word Version)    

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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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Keep managing mortgage risk

24 July, 2018

Additional mortgage downloads Solicitor’s Certificate – Direct Borrower Solicitor’s Certificate – Third Party, Guarantor etc Translator’s Certificate Client acknowledgement Introduction From 1 July 2015 to 30 June 2017 LPLC has received 43 mortgage claims at a total estimated cost of $3M. Smaller law firms continue to be more vulnerable to these types of claims. Of […]

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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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In Check Issue 79 | June 2018

28 June, 2018

Download PDF New requirements for some purchasers to withhold GST – 1 July 2018 From 1 July 2018 purchasers of certain new residential premises and potential residential land will be required to withhold the goods and services tax (GST) and pay it to the Australian Tax Office (ATO). Vendors of residential premises or potential residential […]

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Security warning for PEXA users

25 June, 2018

Recent news reports and emails from PEXA have described a fraud involving the PEXA workspace. Any users of the PEXA workspace need to read this bulletin for tips on how to avoid this happening to them. The fraudster appears to have gained access to a subscriber’s email account and intercepted a change of password email […]

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Attention to all the details

15 June, 2018

Attention to all the details in preparing a contract is crucial to ensure correct and intended execution of the contract as well as good risk management. Care must be taken when using standard form contracts and completing the variables. Near enough is not good enough! In one claim, the practitioner acted for the vendor of […]

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