Oct 1, 2010 –
Palios Meegan & Nicholson Holdings Pty Ltd and Anor v Shore [2010] SASCFC 21
The Judgment of the Full Court of the Supreme Court of SA was delivered in this matter on 12 August 2010.
The Full Court unanimously upheld the Appeal. The previous orders
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Feb 16, 2016 –
The unstoppable expansion of the use of electronic methods of communication has had, and will
continue to have, many ramifications for the community generally and for legal practice in particular.
A recent, high-profile example of this is the decis
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Jun 6, 2012 –
Mark Livesey's recent Bulletin article (February 2012) on the obligation of solicitors to meet the fees of barristers engaged, properly identified how a failure to meet that obligation can undermine the easy and important relationship usually enjoyed
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Oct 25, 2009 –
"The second important point made by ASR about long hours is this: 'Have you ever noticed that lawyers are one of the few professions with the perverse habit of boasting about how long our hours are?"
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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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Mar 19, 2015 –
Practitioners will be aware of the impending commencement of the Return to Work Act 2014 (SA)
and the repeal of the Workers Rehabilitation and Compensation Act 1986 (SA) (“the Current Act”).
This “Brave New World” starts on 1 July 2015.
Assessment
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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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Mar 15, 2017 –
Many lawyers issue recovery proceedings in the Magistrates Court against their clients in order to recover their fees. In many cases the client will defend the proceedings, often on the basis that they have been "overcharged", and usually also on the
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Apr 1, 2020 –
The advent of the new Uniform Civil
Rule (UCR) for all three of the
Supreme, District and Magistrates Courts should simplify the lives of litigation
lawyers in that there will be only one set of rules. There will, however, be significant challenge
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Apr 30, 2023 –
Metropolitan, rural and specialist Centres.
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Apr 19, 2012 –
In September 2011 the Bulletin published
the article “Understanding the new
personal property Securities Reform”
provided by the Legal Practitioners’
Liability Committee of Victoria. We now
reproduce the second handout issued
by the Committee,
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Apr 30, 2023 –
Legal Practitioners Act 1981 - Current Act and Historical Versions
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Apr 30, 2023 –
The Society has been working actively to ensure the people can access legal services in the face of current and any further restrictions imposed in response to the COVID-19 pandemic. Posted 9 April 2020.
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Mar 25, 2016 –
I want to deal briefly in this article with trust accounts. I'm not going to look in any detail at the new rules that are in Schedule 2 of the Legal Practitioners Act - that is something that is more properly the role and responsibility of the Law So
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Apr 30, 2023 –
The Law Society of New South Wales' national demographic
profile of the practising profession in 2016. The national profile comprises a demographic breakdown of
solicitors represented by each of the eight state and territory Law Societies in Austr
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Jul 15, 2015 –
Conditional costs agreements with uplift have been permitted in South Australia since 1993 but the position with respect to these agreements has been affected by the 2014 amendments to the Legal Practitioners Act.
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Jul 1, 2018 –
The most common strategy used to cope with the increasing demands and challenges in law is to simply work through them. Working 12 hours straught and working late is often seen as just the "way things have to be done". However, as human beings we are
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Apr 17, 2015 –
Adherence to time limits - both in relation to commencing proceedings and once proceedings are issued - is one of the most important areas of practice and one where the Courts are interpreting time limits more strictly than before.
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Oct 16, 2016 –
In the last 10 years, cheque use has dropped by a compelling 71% with Australian businesses and consumers choosing electronic payment methods over cash and cheques. As Australia rapidly embraces electronic payment platforms it is only natural to expe
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Nov 7, 2014 –
There is a common misconception amongst in-house and pro-bono lawyers that they do not require practising certificates. This article clarifies the issue.
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Feb 14, 2013 –
At Law Claims we have the benefit of 20/20 vision of hindsight. We deal with files where there is a
notification from a lawyer of a claim or potential claim.
Often we see a recurrent trend and need to remind lawyers to be vigilant and not to fall i
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Apr 30, 2023 –
Failure to adhere to all formal requirements when witnessing or swearing documents can lead to misconduct charges (including strike-off) and will also place your insurance cover in jeopardy.
It is important for lawyers to be scrupulous about prop
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Mar 1, 2019 –
Solicitors/Conveyancers must be on-guard about any potentially unusual features of Contracts for Sale and be
prepared to give proper advice about the risks of that particular Contract.
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Mar 14, 2011 –
In recent times Law Claims has received a number of claims which highlight the need for practitioners involved in commercial
matters to consider all aspects of the transaction on which they are advising and give appropriate warnings to clients of an
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Sep 1, 2019 –
Checking the details are
correct is vitally important
for all practitioners. Not
doing could land your
client, and you in hot water
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Nov 1, 2012 –
Fee disputes are more often than not a
trigger for a professional negligence
claim brought against practitioners.
Typically, the practitioner sues the client for
unpaid fees and is then met with a claim/
allegation of professional negligence.
I
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Oct 30, 2016 –
I would like to make some respectful observations in relation to the topic addressed in the important article by Jonathan Wells QC in July 2016 (Vol 36 Iss 6) of the Bulletin entitles "Duty to Follow 'Proper' Instructions: What Interests of the Clien
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Apr 30, 2023 –
The Society has recently launched a suite of documents to assist practitioners engaging in Family Law work.
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May 16, 2013 –
Sometimes a prosecutor may not have a defendant's complete criminal history and you may be aware that your client has prior convictions.
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May 1, 2019 –
The risk of conflict of
interest is pervasive in
wills & estates matters
but will sometimes not
be obvious. Practitioners
should always give
sufficient consideration to
the possibility of conflicts
arising, even in apparently
simple situatio
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Jul 6, 2016 –
A recent High Court case highlights solicitors duties when drafting Wills.
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Oct 30, 2016 –
Protection of client confidentiality is one of the cornerstones of the practitioner/client relationship.
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Aug 30, 2009 –
Recently there was a report in the Advertiser criticising the State Crown because it has filed a defence to one of the "children in State care matters", specifically in relation to whether it had a duty of care to the children at the time.
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May 1, 2008 –
Depression affects more than 800,000 Australians each year, and 1 in 5 persons in their lifetime (that is 1 in 4
women and 1 in 6 men). It will touch everyone either directly or indirectly. Depression reduces a person’s ability to
function in all a
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Sep 7, 2012 –
The Professional Standards Committee is a committee of the Law Society which has a number of very significant delegations from the Council of the Society. None of these delegations take away the right of the Council to deal with these matters itself
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Jul 15, 2017 –
Everyone should by now be aware of the requirements of Schedule 3 of the Legal Practitioners Act (LP Act) in relation to costs disclosure. For the purposes of this article, a family lawyer must disclose to a client:
• the basis on which legal cos
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Apr 30, 2023 –
List of Courts, Commissions and Tribunals - both State and Federal
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Oct 16, 2016 –
The importance of making file notes is an oft-repeated topic in the Bulletin, yet Law Claims still regularly encounters difficulties in defending practitioners because critical advice provided to clients is not able to be proved to have been given du
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Dec 30, 2016 –
Congratulations! You have completed your academic qualifications and GDLP and are now perhaps looking to be admitted and practising law.
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Jun 16, 2014 –
Set out below are claims and complaints by practice and root cause that have presented at Law Claims in recent
times.
Claims that arise from a failure to meet critical dates or respond to client deadlines affect all areas of practice.
The number a
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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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Apr 25, 2014 –
It is anticipated that the Legal Practitioners (Miscellaneous) Amendment Act 2013 will be proclaimed on July 1, 2014. This Act will result in sweeping changes to the requirements relating to incorporation of legal practices, cost disclosure and disci
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Mar 1, 2008 –
It has been just over a decade since Lawguard, Law Claims and the Law Society issued warnings and
recommendations about giving certificates in financial transactions. These warnings came as a result of a run of Cases, that highlighted the practical
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Dec 6, 2016 –
In the April 2015 edition of the Bulletin, I talked about how complaints could be dealt with through conciliation. I also highlighted our then recently introduced "assisted enquiry resolution" process.
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Oct 14, 2012 –
The tremendous pressures of legal practice can be overwhelming at times, and for a sole practitioner, who is
faced with many responsibilities, particularly non-legal ones, ‘client’ screening is fundamental. The ability to
decline and say “no” to a
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Feb 1, 2020 –
Take some time early this year (before things get too hectic)
to work on your Legal Practice, and not just in your Legal
Practice, by running a Risk Management “health check”.
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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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Feb 2, 2014 –
Rule 33 of the Australian Solicitors' Conduct Rules (ASCR) states that legal practitioners must not deal directly with the client or clients of another practitioner unless
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Feb 7, 2009 –
Images of lawyers have been a part of artistic social commentary for a long time.
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Apr 30, 2023 –
The checklist is designed to be a helpful guide for firms who want to be more disability friendly. The checklist is not meant to be exhaustive or prescriptive, but a helpful reference for firms so that clients with disability can more easily access t
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Oct 16, 2012 –
In an Audit Report for the period ended June 2011, the auditor notes that a practitioner had failed to make a required deposit to the Combined Trust Account (CTA) for the CTA period ended May 2011 and that no Notice of Withholding was provided to the
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Feb 1, 2017 –
Several recent claims received at Law Claims have again underlined the crucial importance of being cautious and diligent in your everyday work. These claims, both against (different)
practitioners administering deceased estates resulted from mistake
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Sep 18, 2015 –
The best way to highlight the benefits of working in the country is to hear from country practitioners themselves.
|
Sep 30, 2015 –
Protection of client confidentiality is one of the cornerstones of the practitioner/client relationship. However sometimes practitioners are faced with situations where they may have to consider breaching that confidentiality.
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Jun 24, 2014 –
From 1 July, costs law will be found in Schedule 3 of the Legal Practitioners Act. The new rules apply if a client first instructs a law practice on or after 1 July.
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Feb 14, 2014 –
When a claim is finalised, Law Claims asks the insured
practitioner to complete a questionnaire which
provides us with valuable feedback about many
issues.
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Feb 15, 2017 –
Short form and long form bills of costs are gone. Recent changes to the Supreme Court costs adjudication rules have introduced a user friendly form for costs claims which is simpler to prepare and easier to assess and respond to. The former two-tiere
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Feb 16, 2018 –
Paper presented by the Honourable Chris Kourakis, Chief Justice of South Australia on Saturday, 17 February 2018.
In South Australia, section 8 of the Wills Act 1936 (SA) outlines the statutory requirements for
a valid will. In addition to the s
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Apr 30, 2023 –
The Law Society of New South Wales FLIP Report aims to assist practitioners to better understand the changes taking place in and around the legal profession and to provide the profession with
recommendations that will enable lawyers to better accomm
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Oct 25, 2013 –
Luke Broomhall is an experienced Forensic Psychological who as a special interest in the well-being of lawyers. He has conducted workshops on that topic for some larger Adelaide firms.
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Aug 1, 2018 –
“Is the glass half empty or half full?”
In a legal environment, and in all
walks of life, it can prove difficult to
overcome our negative thoughts when
faced with challenging situations. How
we respond to challenges can often affect not only our
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Sep 16, 2014 –
In the past, Law Claims’ experience was that there were fewer claims in the area of criminal law than other
areas of law. This is not so the case in recent times.
Law Claims is extremely concerned given a significant number of notifications / claim
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Apr 1, 2018 –
Sweeping changes to the Legal Practitioners Act 1981 (Act) were implemented on 1 July, 2014. The introduction of requirements with respect to "show cause events" was one of those changes.
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Apr 30, 2023 –
A letter to the profession from the Family Violence Legal Service Aboriginal Corporation
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Apr 30, 2023 –
The Standard Precedent Cost Agreements are provided by the Law Society for the assistance of practitioners.
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Apr 30, 2023 –
Links to the Clerks Private Sector Award from the Fair Work Commission website.
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Mar 16, 2016 –
“Time problems” form a significant portion of the claims
and complaints made against legal practitioners – and
those problems do not stop once proceedings are issued.
Serving proceedings within time is also important.
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May 14, 2014 –
There are many types of risks faced by law firms. Performing a self-audit of your firm's risk management
procedures and practices is an efficient way to determine your firm's professional risks.
Disaster can present in many forms and a contingency
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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.
|
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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Sep 16, 2017 –
At the end of last year the Law Council of Australia launched Cyber Precedent, an information campaign developed with cybersecurity experts and government, to help the legal profession defend itself against ever growing cyber threats.
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Feb 16, 2012 –
The Law Society's Costs Committee is in the process of finalising a draft precedent retainer agreement for use by solicitors, together with notes on its application. However, there are some concepts which, whilst vital to the validity of the agreemen
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Sep 25, 2009 –
The Internet has transformed so much of our daily lives - from communications to news, information, recreation and entertainment. The latest revolution in Internet use is cloud computing.
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Feb 1, 2016 –
Firms, big or small, have mental health on their agenda. The statistics does not allow it to be off the agenda, the Mental Health Commission reports that one in four adults will suffer from mental health or neurological disorders during their lifespa
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Aug 1, 2018 –
The question of whether lawyers
should be able to act as liquidators has
routinely been considered by professional bodies, including the Law Society of SA, over many years.
Back in 2002, then President of the
Society, Andrew Goode, led discussion
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Oct 6, 2011 –
It is fairly common for a legal practitioner to be appointed as an executor of an estate. However, some legal practitioners are unsure about whether they can charge fees for carrying out executor duties and whether accounts in which estate moneys are
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Aug 1, 2019 –
Even if you are “merely”
witnessing a document,
substantive duties to advise
may still arise. Be very
careful to ensure that you
do not breach such duties.
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Jun 1, 2017 –
Further to the Technology theme of the April 2017 Bulletin, the importance of client information and computer file security is underlined by a recent story from the UK where a lawyer was fined for a failure to keep client’s sensitive personal informa
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Apr 30, 2023 –
The global coronavirus outbreak has prompted the South Australian Government to enhance its powers to deal with public health threats.
Following amendments to the Public Health Act which passed on 4 March, the Chief Public Health Officer (CPHO) o
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Mar 6, 2011 –
For the past decade, the collection of fines in South Australia has been the responsibility of the Courts Administration Authority (CAA). Whether it is a parking fine, court fine, police or fisheries fine, the CAA is charged with the task of collecti
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Oct 30, 2015 –
The Court has inherent jurisdiction over practitioners as officers of the court, allowing the Court to make personal costs orders against practitioners where there is failure to act within the required aptness.
|
Sep 17, 2017 –
Practitioners who act as counsel should, just like those who practice as solicitors, adhere to good risk management principles.
|
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.
|
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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Mar 1, 2018 –
In my early days of practice, counsel
would produce a skeleton argument
to assist in the conduct of an appeal or
application. Generally, a skeleton tended
to be a statement of the propositions
intended to be advanced and which, if
accepted, wou
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Apr 30, 2009 –
In this era of environmental awareness no one would wish to discourage the practice of reusing paper or any other commodity. And legal practice must still be one of the more prolific users of paper even though many firms aim for a paperless office to
|
Apr 30, 2023 –
The Law Society of New South Wales' national demographic profile of the practising profession in 2020. The national profile comprises a demographic breakdown of solicitors represented by each of the eight state and territory Law Societies in Austral
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May 17, 2015 –
South Australian practitioners are reminded to act judicially and ethically when it comes to referral fees, following the case of Victorian psychologist Dominic Greco, who was recently disciplined for improperly engaging with lawyers.
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Jun 14, 2016 –
How often have you been asked to do a simple legal job for a family member, a friend
or acquaintance? You know how it goes – someone says “You’re a lawyer – can you
just have a look at this for me [or Uncle Fred or whoever]? It’s not a big deal –
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Feb 1, 2018 –
When negotiating settlements
always specifically advert to
whether or not your negotiations
result in an agreement which is
immediately binding.
"Did you settle?” ask your colleagues
expectantly when you return from
Court. Most of the time
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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.
|
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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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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Apr 30, 2023 –
The Parliament has introduced laws designed to slow down heavy vehicles travelling on the notorious down track of the South Eastern Freeway, following a series of accidents involving out of control trucks which have resulted in serious injuries and a
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May 14, 2011 –
Do you identify and verify the identity of your clients when you are initially retained to provide legal services?
Technology has changed the way we communicate and we need to manage the risks in today’s technological world in which we
practice.
V
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Mar 1, 2018 –
My article in the September 2016 edition of the Bulletin dealt with various issues relating to costs disclosure, costs agreements and bills. A recent decision of the Full Court of the Supreme Court is relevant in relation to some of those issues, and
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Nov 6, 2013 –
White Label refers to a product or service that is purchased by a reseller who rebrands the product or service to give the impression that the new owner created it.
|
Nov 15, 2013 –
There appears to be an increasing use by solicitors of agreements with clients under which the solicitors will not charge to conduct litigation (almost always for a plaintiff) if the action fails.
|
Dec 14, 2009 –
Depression can have a profound impact on all aspects of life, including work. The impact of
depression in the workplace can be measured both through the direct cost of loss in productivity
(estimated at $4.3 billion annually in the Australian workp
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Aug 14, 2010 –
Practitioners who act in relation to statutory demands for debt under Part 5.4 of
the Corporations Act would be well aware of the strict requirement to file and
serve any application to set aside or vary the demand within 21 days of service of
the
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Jun 25, 2016 –
The Ethics and Practice Unit has become aware of a growing and worrying trend in Australia whereby emails between lawyers and clients are being intercepted and criminals (or "fraudsters") are impersonating the clients and authorising payments from th
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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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Nov 14, 2009 –
At some stage in our practising lives we all have had an approach from a relative or friend who needs “a little legal
advice”.
There are inherent problems involved when acting for friends or relatives which in turn increase your risk of a
negligen
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Jul 25, 2014 –
The provision contained in the Legal Practitioners (Miscellaneous) Amendment Act 1981 and the Legal Practitioners Regulations 2014 dame into force on 1 July 2014. Those provisions include new requirements for withdrawing money from trust on account o
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Apr 1, 2017 –
I recall that when I first commenced practice – sometime in the late Jurassic period – fax machines were new and exciting. Those early fax machines printed out their
messages on shiny thermal paper – usually on long rolls. It didn’t take long for fi
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Apr 1, 2018 –
It was not that long ago that videoconferencing
was a new and expensive
technology which was only available “at
the big end of town” or in the Courts.
Now of course, with the advent of Skype
(and similar programs) and the ubiquity of
smart phon
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Mar 1, 2012 –
Personal Property Securities Act 2009
(Cth) Issues for law firms
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Jun 1, 2018 –
Time limitation problems sometimes arise because practitioners are unaware of relevant time limitations. A good place to start in this regard if the recently updated Limitation Schedule which is available in the Law Society website.
|
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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Jun 17, 2014 –
It happens that a lawyer may have doubts about the capacity of the client, by reason of mental illness or disability, to give instructions on the subject of the retainer.
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Jun 16, 2014 –
This article provides an overview of the new provisions with respect to incorporated legal practices contained in the Legal Practitioners (Miscellaneous) Amendment Act 2013 which will be implemented on 1 July.
|
Aug 30, 2016 –
The purpose of this article is to remind practitioners of their professional obligations when representing clients in matters before a court. The professional obligations of legal practitioners are set out in the Australian Solicitors' Conduct Rules
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Jul 1, 2013 –
A common enquiry from practitioners in relation to their practice is what are the insurance implications of
providing advice to a proposed guarantor and signing a solicitor’s certificate. Practitioners doing this type of work are reminded that in co
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Dec 1, 2013 –
When a file is transferred between practitioners, either internally or externally, Law Claims sees an increased
risk that the file will become the subject of a claim against either or both firms involved in transfers. The
departure of a practitione
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Jul 7, 2015 –
In situations whereby a legal practitioner has been struck off or removed from the Roll of Practitioners of the Supreme Court of South Australia, and wishes to apply for readmission, Rule 371(5) of the Supreme Court (Civil) Rules 2006...
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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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Aug 1, 2014 –
The Representation Principles for Children’s Lawyers are an ongoing project of the Juvenile Justice
and Family Issues Committees of the Law Society of NSW. The Council of the Law Society adopted
the first edition of these Representation Principles
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Nov 14, 2015 –
The Professional Indemnity Insurance Scheme 2015 requires practitioners to provide Law
Claims with written notice of any claim made against them during the policy period.
|
Oct 30, 2014 –
Corporate scandals and collapses are reminders that, in a modern corporate environment, business and legal ethics have become intrinsically connected.
|
Jun 1, 2020 –
Most practitioners will be generally
aware that there have been significant
amendments1
to the Land Tax Act 1936
(SA) (the Act) which take effect from
midnight 30 June, 2020. An overview of
the changes together with an unofficial
version of t
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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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Mar 1, 2020 –
The Masters of the District Court have,
over the past two years, presented
several papers at Law Society Seminars
on the topic of the Inactive Case List
and the Moratorium of Steps procedure
under the Rules – see “Inactive Actions: The Consequen
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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.
|
Aug 15, 2015 –
All practitioners should be aware that
on 1 July 2015, an exemption which
applied to certain client retainers entered prior to 1 July 2014 came to an end.
Major amendments to the Legal
Practitioners Act 1981 (SA) (the Act) came
into effect on 1
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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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Apr 30, 2023 –
The Judicial Council on Cultural Diversity delivers an eLearning course designed to give legal practitioners a working understanding of the Recommended National Standards for Working with Interpreters in Courts and Tribunals.
Australia’s cultural
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Mar 16, 2012 –
Just as particular terms of the agreement may require additional disclosure to the client, peculiarities of the client may require additional disclosure. If a client is illiterate or does not understand English, they will obviously not be procedurall
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Feb 14, 2012 –
Whilst it is obvious that a letter of engagement should be sent to a client after receipt of instructions for a new matter, the use
of the non-engagement letter to non-clients should also be utilised whenever a practitioner is unable to accept instr
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Aug 7, 2012 –
The Committee is comprised of practising members of the profession, working in a wide range of jurisdictions and environments. It also includes five former Law Society Presidents.
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Mar 16, 2010 –
The issue of a client’s capacity can be an extremely complex one and practitioners need to assess whether their
clients have the requisite mental ability to make decisions about their legal affairs and provide instructions.
If a client has an impai
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Aug 29, 2019 –
The term ‘electronic conveyancing’ refers to a conveyancing transaction where practitioners have elected to settle electronically through the electronic platform provided by Property Exchange Australia Limited (PEXA).
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Aug 14, 2012 –
The impact of burn out and stress on practitioners can be substantial. Time constraints and deadlines, the
expectations of expertise, the pressures to put in long hours coupled with the adversarial nature of law practice
can take their toll.
Holid
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Dec 17, 2015 –
Dear Editor, The article "Dealing with difficult clients" (Bulletin November 2015, vol 37 (10) at 28) warns practitioners about taking instructions from emotionally distressed clients or clients with mental illness and advises practitioners not to pr
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Mar 25, 2013 –
There has been another wave of attempts to elicit funds from trust accounts operated by legal practitioners. These attempts are nothing new to the Society and are on the increase.
|
Jun 30, 2015 –
This article serves to reinforce practitioners' duty to the court. The judgment of Hudspeth v Scholastic Cleaning and Consultancy Services Pty Ltd (No 8) [2014] VSC 567 is a strong reminder of practitioners' fundamental duties as set out in The Austr
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Apr 30, 2023 –
The Law Society of New South Wales' national demographic profile of the practising profession in 2014 comprises a demographic breakdown of solicitors represented by each of the eight state and territory Law Societies in Australia.
This is the second
|
Apr 30, 2023 –
Courts Administration Authority directory of SA Court Rules, Forms and Fees.
|
Oct 1, 2019 –
The importance of file notes is an oft
repeated refrain in the offices of
Law Claims. An interesting and recent
NSW case - Lemongrove Services Pty Ltd v Rilroll Pty Ltd [2019] NSWCA 174 - again demonstrates the critical importance of making good a
|
Aug 1, 2018 –
Highly publicised cyber
breaches involving conveyancing
practitioners have highlighted
the importance of maintaining
robust cyber security controls
and practices. Our advice?
Be vigilant. Inform all relevant
parties (including staff) of proper
|
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
|
Mar 16, 2016 –
Practitioners will recall that in May 2016, in Attwells v Jackson Lalic Lawyers Pty Ltd
[2016] HCA 16, the High Court affirmed the basic tenets of the doctrine of advocate’s
immunity (as explained in Giannerelli v Wraith [1998] HCA 52 and D’Orta Ek
|
Apr 30, 2023 –
Current cases to be heard by the Full Court, including:
Appeals;
Special leave applications which have been referred to be heard by an enlarged Bench; and
Matters in the original jurisdiction to be heard by the Full Court.
Brief details are pro
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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 –
This document is intended to provide guidance to the Independent Children's Lawyer (ICL) in fulfilling his/her role.
The Guidelines have also been issued for the purposes of providing practitioners, parties, children and other people in contact wi
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Aug 6, 2016 –
Effective time management can be the key to achieving a good balance between your work life and you home life. Better productivity at work can fee up more time in your day for other things without compromising your efficiency.
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Jun 14, 2011 –
Acting
for friends and relatives
increases the risk of a
negligence claim as the
extra familiarity can
cause problems.
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Apr 30, 2023 –
The Law Society of New South Wales Legal Technology page has a number of resources and publications for practitioners. Provided with permission from the Law Society of New South Wales
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Aug 6, 2017 –
When advising on unfamiliar areas of law practitioners should be careful to consider not only what they know they don't know, but also what they don't know they don't know!
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Apr 30, 2023 –
Take some time early this year (before things get too hectic) to work on your Legal Practice, and not just in your Legal Practice, by running a Risk Management “health check”.
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Apr 1, 2019 –
Issues concerning copyright laws can, perhaps unexpectedly, pop up in legal practice and care needs to be taken not to fall foul of them.
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Nov 17, 2017 –
Claims based on missing a time limitation continue to be the single greatest cause of claims against practitioners, in particular with respect to issuing proceedings in motor vehicle accidents matters.
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Apr 1, 2018 –
Depressive symptoms among lawyers and law students have reached startling levels, with lawyers experiencing the highest incidence of such symptoms in comparison to other professions (Law Council of Australia website - finding from the 2007 Beating Co
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Oct 25, 2016 –
The purpose of this article is to draw your attention to your professional obligations as outlined in the Society's Guidelines on Cloud Computing on the assumption that you are already using or considering making use of cloud storage.
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Jul 16, 2017 –
Practitioners should be aware of the amendments to Schedule 1 of the Legal Practitioners Act 1981 with regard to Incorporated Legal Practices (ILPs) practicing in partnership with other ILPs or legal practitioners or both.
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May 25, 2016 –
In my previous article in the March Bulletin, I commented on the circumstances in which a practitioner/firm needs to have a trust account. I noted that it could well be that a client makes a payment to you on account of legal fees, but in circumstanc
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Feb 1, 2020 –
Online communication using mobile
devices (phones/tablets/laptops) is
so convenient and seductive it has become almost ubiquitous. Similarly, the use of email has become so common it is now almost certainly the most used mode of
communication in t
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Apr 30, 2023 –
Advance Care Directives Fillable form, for use by Law Society Members.
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Sep 15, 2016 –
Schedule 3 of the Legal Practitioners Act
came into operation on 1July 2014.
It is somewhat surprising that some
firms are still struggling with the basics in complying with the requirements of that Schedule.
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Oct 1, 2015 –
As practitioners would be well aware, the Family Law Act 1975 (Cth) (“the Act”) allows persons in, or contemplating a marriage or a defacto relationship to
enter into agreements providing for the distribution of their assets in the event of the brea
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Apr 30, 2023 –
Common functions performed by Notaries
Authenticating official, government and personal documents and information for use in a foreign country.
Witnessing signatures of individuals to documents and authenticating identity.
To draw up shipping prot
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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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Mar 6, 2016 –
There is a new test case on foot in the High Court of Australia which will hopefully determine for the Australian legal community whether the doctrine of "advocate's immunity" is to be abolished in Australia, as it has been for some time in other com
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Mar 2, 2009 –
Back when life was simple, water was plentiful and firms were small, all the partners in even large law firms knew each other and probably everyone else on staff as well.
There was never really any question in those days of acting against a forme
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Dec 1, 2017 –
With people living longer, the issue
relating to a client’s capacity to give
instructions to make a Will has become a
more prevalent problem. Legal practitioners are having to keep up with medical developments on cognitive disabilities to be comfo
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Oct 1, 2018 –
The ramifications of changes to
the Return Work Act 2014 are
being worked through by the
SAET and the Supreme Court.
Practitioners need to keep
abreast of these decisions.
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Jun 30, 2012 –
Lawyers should check their retainer agreements to ensure that they do not contain provisions which breach the "no profit rule".
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Sep 6, 2016 –
Ascertaining your client's proper identity is now more important than ever.
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Nov 30, 2012 –
Law practice A acts for the mother who is an applicant in contested family law (parenting) proceedings. Law practice B acts for the respondent father in those proceedings.
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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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Jun 30, 2015 –
Work experience and internship arrangements are becoming a growing feature of the Australian labour market. These arrangements can be a valuable way for prospective employees to make the transition from study to work, or explore a new career path.
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Apr 30, 2023 –
Janice had time on her hands, having returned from her travelling after completing her GDLP. Pending her admission, Janice looked for work experience. A friend of a friend put her in touch with a legal firm that sometimes provided unpaid work experie
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Jul 14, 2012 –
However good you think your memory is, there are still risks if you rely on memory alone. A practitioner’s
memory can be supported by contemporaneous notes which can invariably be of assistance in dealing with any
professional negligence claim made
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Aug 1, 2018 –
Equity in entering the legal profession
is a vexed issue. Law Schools work
hard to ensure that students are given equal opportunities to flourish in their studies and to assist students in their workplace transition. Research indicates that to tran
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Dec 6, 2017 –
The giving of undertakings by practitioners gives rise to many vexed questions concerning both risk and conduct issues.
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Jul 1, 2018 –
According to recent research, a large percentage of Australian property lawyers are not aware of the scale of the risk of fraud in property transactions. This is worrying as there has been a huge amount of publicity surrounding those matters for some
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Nov 14, 2010 –
Teachers do it. Some retailers do it. A few lawyers seem to do it, “it” being the “customer-free” day.
For teachers, the pupil free day is a time for being informed about and finalising preparations for the beginning of a
school year or term. For r
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Apr 30, 2023 –
The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. It contains the full text and details of the lifecycle of individual laws and the relatio
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Oct 30, 2017 –
Effective supervision has great benefits for both the supervisor and the person being supervised.
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Jul 1, 2019 –
The Society has recently
launched a suite of
documents to assist
practitioners engaging in
Wills & Estates work
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Apr 16, 2011 –
The modern lawyer is faced with a multitude of ethical considerations when utilising social media. It is apparent that social media sites
are used by lawyers for marketing, networking and investigating people in cases.
Lawyers need to think careful
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Nov 16, 2014 –
A recent decision of the Full Court of the Supreme Court of South Australia has considered the meaning of
“material fact” in an application for extension of time in personal injury matters.
Section 36 of the Limitation of Actions Act 1936 (SA) (“th
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Jul 16, 2015 –
The certification of documents to be lodged with the Registrar-General
now requires the certifier to have “personal knowledge” of what is
certified. Great care therefore needs to be taken when providing such
certification, especially in light of t
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May 16, 2016 –
The thoughts set out in this article are the result of experiences from working as a lawyer in both large firms and in sole practice. Although I believe what is written here has broader application, it is written with those engaged in small practice
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Mar 14, 2014 –
Professional negligence claims arising from the practice of Family Law
continue to arise with the majority of the claims in this area
occurring with property settlements. Family law can be tricky.
• Most clients come to you under emotional pressur
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Apr 30, 2023 –
The purpose of this article is to provide some general guidance to practitioners who are already using or considering making use of cloud storage.
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Apr 16, 2012 –
On 8 March, 2012 the Full Court (Justices Gray, Kourakis and Blue) unanimously dismissed an appeal from a decision of a Judge of the District Court refusing an application by the plaintiff for solicitor/client costs and interest on costs from the beg
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May 1, 2020 –
At the time of the writing of this
article we are (in early April) in the
second or third week of widespread
working from home and Government
imposed “social distancing” as a result of the Covid-19 Pandemic.
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Sep 16, 2019 –
In the 1990s particularly, following a number of high profile cases, there was considerable concern expressed about
the potential liability risks associated with lawyers providing advice to clients or certification to lenders about
guarantees and o
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Apr 30, 2023 –
The aim of this article is to provide
assistance to law practices who are
considering outsourcing some of their legal work to law practices which operate from international jurisdictions.
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Dec 1, 2019 –
The UK Court of Appeal has just ruled
on another interesting case concerning
legal professional privilege. In Curless v Shell International Limited [2019] EWCA Civ 1710 Mr Curless had been employed as an inhouse lawyer at Shell since 1990.
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Mar 1, 2018 –
The Notifiable Data Breach Scheme
imposes additional obligations on
entities subject to the Australian
Privacy Principles. You should
carefully check whether your Law
Practice is subject to the scheme.
he Privacy Amendment (Notifiable Data
Bre
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Jul 25, 2013 –
As a part of the trust account inspection process, legal practitioners are asked to provide Professional Standards with a copy of their solicitor/client agreement.
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Dec 1, 2018 –
The commencement of an
IFP claim requires filing and
personal service within 6 months
from Probate. The manner
of service must be actively
monitored. A Summons in
support of an application for an
extension must be endorsed with
the request fo
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Apr 30, 2023 –
List of Independent Lawyers for supervision of execution of search orders
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Jun 19, 2015 –
Most practitioners would - or should - be well aware of the practical difficulties now encountered as a result of the Full Court decision in Players Pty Ltd (in liquidation) (Receivers appointed) & ors v Clone Pty Ltd (2013) 115 SASR 547.
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May 30, 2012 –
The core functions of the Professional Standards Section of the Law Society are to advise education and regulate the legal profession with respect to ethical and conduct issues' perform inspections of law practices
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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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Apr 30, 2023 –
Website with an index of South Australian Acts, Regulations & Rules, Policies, Proclamations & Notices, and Bills
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Feb 7, 2016 –
The purpose of this article is to highlight how remote legal practitioners do and can manage conflicts of interest, while serving the best interests of their client and meeting their legal and ethical obligations.
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Jun 1, 2019 –
The Society’s website
www.lawsocietysa.asn.au
contains a wealth of Risk
Management information
to assist practitioners. This
month’s Riskwatch is a
brief “road map” to assist
practitioners find this
material.
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Aug 25, 2014 –
I know what you're thinking: "Not another article on Fees and Billing! Haven't we just had one of those?" Well, yes, but it was nearly two years ago. Given the commencement of the substantial amendments to the Legal Practitioners Act 1981 (LPA) relat
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May 30, 2016 –
About five years ago I was having a weekend lunch with friends. We were joined by a criminal barrister, a woman who is normally bright and effusive. On this occasion she was reflective and sombre. Even worse, as the lunch wore on she began to exhibit
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Apr 30, 2023 –
List of Legal Research Resources
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Jul 7, 2008 –
The media has a fascination with the law - one only needs to look at the number of films, plays, TV shows, books, articles etc with a legal theme to appreciate this - yet with this fascination there is often an unfortunate portrayal of lawyers as sel
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Sep 25, 2016 –
If years of university, HECs debts and an oversupply of graduates to jobs each year wasn't enough to put you off becoming a lawyer in the 21st century, what will? Lawyers by our own design are competitive, at times pessimistic and regularly self-focu
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Dec 14, 2011 –
We continue to see a variety of circumstances being reported in the property law practice area.
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Apr 30, 2023 –
Tips for Young Lawyers. Bulletin Article November 2018. Written by Erica Panagakos.
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Aug 14, 2011 –
For most clients it is essential to avoid legal jargon and to use only expressions they will understand.
In the case of a client who is not very familiar with the English language, practitioners need to be very careful in their
choice of words and
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Aug 7, 2014 –
A legal practitioner's name was recently struck from the Roll of Practitioners from the Supreme Court. The practitioner had failed to comply with a court order with respect to the payment of settlement funds from his trust account.
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May 1, 2021 –
Statement of Position - Legal Professional Privilege
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Apr 30, 2023 –
Protecting privilege when producing documents under compulsion of Law.
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May 16, 2016 –
What is mindfulness? Jon Kabit-Zinn, founding Executive Director of the Centre for Mindfulness in Medicine, health Care, and Society at the University of Massachusetts Medical School, defined mindfulness as "Paying attention in a particular way, on p
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Jan 30, 2007 –
Every profession has ethical duties that are usually documented in codes of conduct or government regulation. This paper discusses two duties that are shared by all professions. The first is the duty of confidence and exceptions to is. The second is
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Jun 15, 2009 –
In a lead article in the Australian Financial Review of 20 March 2009, the general counsel and company secretary of Ramsay Health Care was quoted as saying: "Hourly billing does not encourage excellence, strategic thinking or ingenuity. On the contra
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May 15, 2017 –
An often nearly foolproof way to be sued for professional negligence is to sue a client (particularly a disgruntled one) for unpaid fees.
Claims in negligence arising from actions by practitioners in pursuit of their fees are a common source of no
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Aug 16, 2013 –
There has been an increase in claims involving fraud by and against clients interstate which is causing a pattern of
professional indemnity insurance claims.
Are you a practitioner that is too trusting when you receive instructions via an ‘agent’ o
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Mar 19, 2017 –
Sections 7 and 9 of the Land and Business (Sale and Conveyancing) Act
1994 (SA) (“LBSC Act”) contain the well-known requirements for
verified vendor’s statements, containing particulars in relation to land,
to be provided to a purchaser of land. A
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Feb 6, 2012 –
Many practitioners recall a time when the obligation of an instructing solicitors to make payment of barristers' fees was stringently observed.
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Aug 1, 2018 –
The Society maintains the Legal
Practitioners Fidelity Fund (the
Fund) pursuant to section 57 of the Legal
Practitioners Act 1981 (SA) (the Act). Part 5 of the Act deals with claims made against the Fund.
A person (or their personal
representati
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Oct 6, 2014 –
In Hall & Hall v Basbuild Pty Ltd [2013] SADC 132 his Honour Judge Beazley quoted some very interesting
remarks by Lord Bingham of Cornhill (then Lord Chief Justice of England)1
as to settlement agreements as
follows:
“The law loves compromise.
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May 19, 2016 –
Don’t get caught out by fraudsters. Make sure that all your internal
systems – including IT systems – are robust and up to date.
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Apr 30, 2023 –
The Law Society of New South Wales' national demographic profile of the practising profession in 2018. The national profile comprises a demographic breakdown of solicitors represented by each of the eight state and territory Law Societies in Austral
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Feb 7, 2012 –
Following on from their article "Legal Professional Privilege: An In-house Perspective", the authors look at the professional and ethical responsibilities that face in-house lawyers.
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Nov 6, 2017 –
The legal practitioner accepts a brief to carry out the instructions of his/her client to put in place their
testamentary wishes. These instructions may involve not only putting in place a Will but may also involve
putting in place other arrangemen
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Jul 1, 2018 –
My office received a large number of complaints involving deceased estates. There are many reasons for them.
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Dec 30, 2011 –
The non-payment by solicitors of fees to "third parties" such as counsel, medical and other experts, risk assessors and process servers is of growing concern.
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Apr 30, 2016 –
There is no denying that social media has changed and will continue to change the communication landscape. Legal practitioners can hardly avoid social media and therefore it has become increasingly
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Mar 1, 2012 –
In this edition of the Bulletin, Bill Ericson and Mark Livesey QC provide insight into the obligations of solicitors with respect to costs and engaging counsel.
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Apr 30, 2023 –
The resources on this website have been custom-designed for legal professionals, to help ensure the integrity of the confidential and sensitive data we hold.
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Nov 14, 2019 –
Links and resources for commencing and managing your practice
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Sep 16, 2020 –
Checklists and templates for practitioners to assist manage risks
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Sep 16, 2020 –
Checklists and templates for practitioners to assist manage risks
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Sep 16, 2020 –
Checklists and templates for practitioners to assist manage risks
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Nov 30, 2023 –
Maintenance of cyber security continues to be a widespread issue among the legal sector.
It is necessary that practitioners educate themselves in cyber security due to the reliance and use of technology in the legal sector.
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Jan 4, 2021 –
Costs scales in the civil jurisdiction
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Feb 20, 2024 –
A list of common Law Society forms, including membership, practising certificate, PSS, trust account and other ethics and practice related issues.
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Sep 16, 2020 –
Checklists and templates for practitioners to assist manage risks
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Mar 14, 2024 –
LawCare offers practitioners the opportunity to discuss with a general practitioner, Dr Jill, who has experience in treating social and psychological problems, any problem that is interfering with or has the opportunity to interfere with your work pe
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Apr 12, 2024 –
The Australian Solicitors’ Conduct Rules were adopted by the Council of the Law Society of South Australia on 25 July 2011 and were the culmination of work undertaken over a period of two years by the Law Council of Australia and its constituent bodi
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Nov 24, 2023 –
The Wills Register is an initiative of the Law Society's Succession Law Committee and the aim is to provide a secure centralised register containing the location of South Australian Wills. It allows legal practitioners to quickly track down lost Will
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Apr 30, 2023 –
A Power of Attorney is a document which authorises another person to deal with many of your legal and financial affairs.
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Oct 9, 2015 –
A national mediator accreditation system (NMAS) came into operation from 1 January 2008. To be accredited under NMAS until 30 June 2014, mediators must meet certain practice
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Apr 30, 2023 –
The comic book publication Smart Guy Needs A Lawyer is an initiative of the Children and Law Committee of The Law Society of South Australia. It is aimed at young people in their adolescent years who may need legal representation or have cause to app
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Apr 30, 2023 –
Even if you don’t ever send a photo, you can be charged for threatening to send an “invasive” image of someone where you mean to arouse genuine fear in the person that a photo of them will be shared.
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Apr 30, 2023 –
Collaborative Practice involves a written commitment by the lawyers and their clients to work together, collaboratively and in good faith, to negotiate a settlement. The clients agree that if a settlement can't be negotiated, then the case will be re
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Apr 30, 2023 –
The Out of Bounds App is an educational and interactive app about laws relating to sexting, cyberbullying and age of consent in South Australia.
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Mar 6, 2023 –
The examination aims to identify any injury or medical condition that you suffer and to determine the extent to which such injury or condition was caused by your accident and/or work conditions.
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Apr 30, 2023 –
Legal Costs Fact Sheets and Costs Disclosure Forms translated into various languages
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Nov 11, 2019 –
Guidelines relating to Bullying, Discrimination and Sexual Harassment adopted by the Council at its meeting on 4 November 2019
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Apr 30, 2023 –
General information about Advanced Care Directives
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Apr 30, 2023 –
This publication sets out some of the more significant judicial and legislative developments during the period 1 January 2018 to 31 December 2018 which may bear upon a South Australian legal practitioner’s potential liability or on damages awards gen
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Apr 30, 2023 –
An amendment to the No Profit Rule and how to avoid breaching it.
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Apr 30, 2023 –
Information for the community regarding the benefits of having a Will and why Wills are important.
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Feb 1, 2021 –
Crowd-funding has obvious access to justice benefits and can be a valid and valuable source of funding for legal services.
2. The purpose of this document is to improve understanding of crowd-funding and highlight the relevant ethical and profession
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Jun 15, 2023 –
On 15 June 2023, World Elder Abuse Awareness Day 2023, the Law Council published a revised Best Practice Guide for Legal Practitioners in Relation to Elder Financial Abuse to help lawyers identify potential incidents of abuse, particularly financial
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Jan 1, 2012 –
The public is being stung by do-it-yourself will kits that fail to meet legal benchmarks
and result in costly court battles, lawyers say.
Top family lawyers have reported a rise in inquiries from families who are sorting through the estate of loved
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Sep 1, 2023 –
Resource from the Judicial Conduct Commissioner on how to make a complaint about a judicial officer.
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Mar 26, 2024 –
Information on how to find a missing will or a lost will.
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