Practical considerations when issuing a subpoena
There are many obstacles to issuing an effective subpoena. Learn what they are and how to avoid them.
By Justin Wong and Prudence Watts - 2 min read
Assessing a client’s mental capacity is in your interests
NSW Parliament has suggested that renewed attention be given to assessing mental capacity. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Key principles of privilege and waiver of privilege
The underlying facts play a large part in any privilege considerations – but practitioners need to clearly appreciate the legal principles. By GREG COUSTON and…
By Greg Couston and Lucy Williams - 2 min read
The cost of not communicating
A solicitor’s responsibility has always been to provide clear and timely advice to assist the client in understanding the legal issues so as to make…
By John Fleming and Frances Moffitt - 8 min read
Insolvency & incorporated law firms: lessons from Slater & Gordon’s troubles
Rights of clients are upheld by lawyers as part of their legal and ethical obligations. The incorporation of the law firm does not displace this…
By Michael Legg and Marina Nehme - 2 min read
Yours, mine or ours? Access to a solicitor’s file when a retainer ends
Retainers between solicitors and clients may be brought to an end by either party for a variety of reasons. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 2 min read
Rights and freedoms and the common law: the ALRC investigates
The Australian Law Reform Commission’s report, Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (‘Freedoms Report’), was tabled on 2 March 2016, concluding an…
By Rosalind Croucher AM - 2 min read
Are you supervising as you should? Your staff & your practice depend on it
Principals and solicitors with ‘designated responsibility’ also have statutory obligations to exercise ‘reasonable supervision’ over their staff and the legal services provided by the firm….
By Glenda Carry - 8 min read
Uniform Law transitional exemption – government & corporate lawyers
The Legal Profession Uniform Law does not contain an exemption equivalent to that provided under the repealed Legal Profession Act 2004. By GLENDA CARRY.
By Glenda Carry - 2 min read
Civil penalties: everything old is new again
A court considering a civil penalty is therefore permitted to take into account submissions on agreed penalties or, in the case of a contested penalty…
By Anthony Lo Surdo SC and Conor Bannan - 2 min read
Breach of what? The Harman principle revisited
The Harman principle forbids the use of documents or information obtained in proceedings, for any purpose which is collateral to the proceedings, until the material…
By Gregory Sirtes SC and Michelle Castle - 2 min read