Practitioners need to be proactive where there are time pressures in contracts of sale. Last week’s blog looked at the risks of practitioners failing to properly advise purchaser clients on subject to finance clauses as well as the importance of documenting instructions and advice. This week we look at the need for practitioners to be proactive […]
The post On the subject of finance – Part 2 appeared first on Legal Practitioners' Liability Committee.
When you are asked to disburse money held on trust, you need to be clear about who is asking for the money and revisit the terms of the trust before paying it. You should never make assumptions about entitlement to trust money, even when you received the money ostensibly on behalf of your client and […]
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Already this financial year property claims, including conveyancing and leasing, account for 31 per cent of the number of claims. This is up from 26 per cent for the whole of the 2015/16 financial year. So where are property lawyers going wrong? Failing to properly advise a party about the contract of sale and section […]
The post Attention to detail is key to avoiding property claims appeared first on Legal Practitioners' Liability Committee.
Search for GST frequently asked questions relating to building and construction. Click on the question below to view answer.
The post FAQs – Building and construction appeared first on Legal Practitioners' Liability Committee.
Failure to issue proceedings within time is a major cause of personal injury claims. LPLC’s recently published snapshot on personal injury litigation explains other common causes of personal injury claims as well as risk management strategies to assist in claims prevention. Sometimes the mistake was due to a lack of or failure to implement a system resulting […]
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There can be a number of reasons claims arise where trust funds are held by a law firm. In some claims trust funds were paid by the law firm to the wrong party, while in others trust funds were not invested in accordance with the client’s instructions or the option to invest was not raised […]
The post Money, money, money and risk management appeared first on Legal Practitioners' Liability Committee.
Practitioners who act repeatedly for a client need to document the scope of work for each matter, irrespective of its size. LPLC has received claims where a client made a casual request for a practitioner to conduct a cursory check of a document, only to later allege they expected the practitioner to advise on issues […]
The post Just run your eyes over this appeared first on Legal Practitioners' Liability Committee.
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cwlth) was passed on 13 February 2017 and will come into effect within 12 months. It amends the Privacy Act 1988 (Cwlth) (Act) by introducing a scheme for mandatory notification of data breaches. The provisions apply to public and private organisations regulated by the Act, which include […]
The post Time to prepare for mandatory notification of data breaches appeared first on Legal Practitioners' Liability Committee.
When registering security interests on the Personal Property Securities Register (PPSR) the financing statement must be accurate and knowing when to use the ACN and the ABN is critical. Financing statements must list: ACN for corporations ABN for partnerships, trustees and body politics full name and date of birth for individuals even if they have […]
The post PPSA registrations and the need for perfection appeared first on Legal Practitioners' Liability Committee.
Where a client wants to pursue a claim on a matter of principle for nominal damages, practitioners need to consider their overarching obligations under the Civil Procedure Act 2010 (Vic). In Actrol Parts Pty Ltd v Coppi (No 3) [2015] VSC 758, Mr Coppi, an employee of Actrol Parts Pty Ltd (Actrol), was put on […]
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The announcement by Land Use Victoria that all land transactions will be conducted electronic by July 2019 is a timely reminder that practitioners need to implement a process to either destroy any paper titles or make them invalid in accordance with clause 6 of schedule 3 to the ARNECC Model Participation Rules. There are a […]
The post Destroy titles or make them invalid? appeared first on Legal Practitioners' Liability Committee.
Having a business continuity plan (BCP) in place if client documents and/or files are lost, stolen or destroyed is good risk management for a firm of any size. LPLC regularly receives calls from practitioners seeking guidance on just this situation. In one instance a fire at the law firm premises destroyed documents and files while […]
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While estate disputes are usually acrimonious practitioners and their clients must always comply with their obligations under the Civil Procedure Act 2010 (Vic). Practitioners need to be proactive about advising executors of their obligations when proceedings under Part IV of the Administration and Probate Act 1958 (Vic) are on foot. In one claim, the executor […]
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In mid 2016 LPLC published three bulletins about the foreign residents capital gains withholding payments regime. All three bulletins are currently being amended to take into account the changes introduced in the Federal budget on 9 May 2017. The amended bulletins will be published once the amendments are law. You can find all LPLC bulletins […]
The post Practitioners beware – CGT threshold $750,000 from 1 July 2017 appeared first on Legal Practitioners' Liability Committee.
Sometimes a young lawyer is asked to perform a task which at first glance may appear to be within their ability but in hindsight was beyond them. One example is sending a young lawyer to their first mediation with a barrister without a supervising practitioner or adequate preparation and training. While the practitioner delegating the […]
The post Young lawyers, claims and risk management appeared first on Legal Practitioners' Liability Committee.
The Consumer Acts Amendment Act 2017 amends s.31 of the Sale of Land Act 1962 (Vic) to clarify that a cooling off notice may be served on the real estate agent engaged by a vendor to sell the land. This is in addition to serving a notice on the vendor or an agent of the vendor. […]
The post Risk management and conditional contracts appeared first on Legal Practitioners' Liability Committee.
When multiple operators work on a matter firms need to implement measures to ensure all instructions received from the client are properly documented and reviewed. This is particularly important in litigation matters, which are often unfamiliar territory for the client and emotionally-charged. In one claim a firm acted for a business owner who sought damages […]
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Effective communication is a core skill of legal practice and is the only way of ensuring your progress of a matter is aligned with your client’s expectations. LPLC often defends claims against practitioners from dissatisfied clients even though the practitioners did not get any of the legal issues wrong. In one claim, the practitioner acted […]
The post What we’ve got here is failure to communicate appeared first on Legal Practitioners' Liability Committee.
A new body, Domestic Building Dispute Resolution Victoria (DBDRV), replaces Building Advice and Conciliation Victoria commencing from 26 April 2017. It is now mandatory for any party to a domestic building dispute to seek a resolution through DBDRV before applying to the Victorian Civil and Administrative Tribunal (VCAT). Applications to VCAT cannot be made unless […]
The post DBDRV up and running appeared first on Legal Practitioners' Liability Committee.
Building and construction claims arise in a number of practice areas including commercial, litigation, leasing and conveyancing with litigation and conveyancing having the most claims. Lack of experience is one factor which contributed to some of these claims. Several litigation claims arose out of the Building and Construction Industry Security of Payment Act 2002 (Vic) […]
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