Aug 6, 2015 –
We all like to think that the law is sensible, commercial and prefers substance over form but details do matter in the practice of the law.
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Nov 6, 2016 –
The recent decisions of his Honour Justice Stanley of In the Estate of Istvan Molnar [2016] SASC 55 and In the Estate of Istvan Molnar (No. 2) [2016] SASC 159 provide much food for thought for practitioners who draft wills and act as executors, as el
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May 14, 2013 –
Lawyers are trained to be effective researchers, writers and representatives of their clients. Lawyers tend to
operate somewhat independently and often have difficulty in delegating work to others. Rarely do lawyers
receive training on how to super
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Sep 14, 2012 –
At Law Claims, we see some interesting matters and, a number of causes for professional claims. Having regard to our
database I have focused on new practitioners and now set out some tips to hopefully assist those ‘new’ to practice to avoid
a claim
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May 6, 2014 –
Findings by the Legal Practitioners Disciplinary Tribunal and the Supreme Court have highlighted the need for practitioners to be scrupulously observant of their obligations when administering oaths.
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Jun 6, 2012 –
Claims arising from wills and estate work appear to be on the rise in Law Claims. This area ranks fourth highest of the total notifications received in the last policy year.
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May 14, 2010 –
What do you do in the situation whereby police investigating an alleged crime contact a legal practitioner and seek
information from him or her relating to legal services and advice previously provided to a client?
What follows below is advice expl
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Sep 14, 2010 –
Law Claims has received a number of enquiries relating to the storage and
retention of clients’ files. We have also received notifications of potential
claims against practitioners arising out of the inadvertent destruction of files
which should h
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Apr 30, 2023 –
The High Court case of Thorne v Kennedy has put a question mark over the validity of Binding Financial Agreements. Over the next four pages, Jeremy Culshaw and Ryan Thomas provide guidance to lawyers on navigating this uncertain new landscape.
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Apr 30, 2023 –
The High Court case of Thorne v Kennedy has put a question mark over the validity of Binding Financial Agreements. Over the next four pages, Jeremy Culshaw and Ryan Thomas provide guidance to lawyers on navigating this uncertain new landscape.
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Apr 6, 2014 –
Many complaints and claims against legal practitioners can be attributed in part to poor communication between the lawyer and client.
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Feb 16, 2015 –
The necessity to make and keep proper files of instructions received and advice given is a message that is often made in these pages, and for very good reason; it is an important part of legal practice.
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Feb 6, 2012 –
Consent to treatment is a fundamental legal and ethical obligation that reflects patient autonomy and involves four issues: voluntariness, information, competence to consent, and requirements that the person conducting the treatment obtains the conse
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Jun 14, 2010 –
All practitioners practicing in Family Law should be aware of the time limits arising from the Domestic Partners Property Acti and the strict requirements of Binding Financial Agreements made pursuant to the Family Law Act.
ii Those claims can be ea
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Apr 30, 2023 –
What authorises practitioners to
witness documents and what is the proper
way for them to witness documents?
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Apr 30, 2023 –
Bulletin Article, September 2018: An emerging part of the ongoing digital
revolution is the availability of digital
passes and licences.
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Nov 6, 2015 –
Rules 4 and 4 of the Australian Solicitors' Conduct Rules set out the paramount duty of solicitors to the Court and the administration of justice and other fundamental duties. It is often challenging to maintain these obligations with dealing with 'd
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Jul 1, 2018 –
One of the fundamental duties of the legal personal representative of a deceased person is to get in the assets of the deceased. The assets may include, for example, monies on deposit with banks, monies lent by the deceased to third parties, and inte
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Aug 23, 2018 –
The purpose of this Guideline is to provide legal practitioners with a starting point for identifying warning signs of insolvency in their practice, how to avoid or manage it and how it can impact upon their ability to practise law.
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Apr 14, 2016 –
It is common for solicitors to be instructed by third parties – most often accountants –
to prepare documents and/or act in transactions (or even litigation) on behalf of
clients. Whilst there is obviously nothing wrong with such arrangements of
t
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Jun 16, 2015 –
Lawyers engaged in conveyancing
matters need to consider using caveats
to protect their clients’ interests
whenever there is a risk of another
party seeking to enforce competing
rights.
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May 6, 2015 –
Solicitors cannot follow their instructions blindly in all cases, especially where the rights of the beneficiaries of a trust may be affected.
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May 6, 2015 –
Lawyers are not judges of their clients' causes, but great care should be taken to provide proper advice as to risks.
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Apr 30, 2023 –
Protecting privilege when producing documents under compulsion of Law.
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Jul 16, 2014 –
Law Claims has recently received a number of notifications in relation to consent orders in the Family Court
dealing with superannuation entitlements.
Below are some examples of these types of claims:
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