The not-so-ordinary meaning of ‘ordinarily resident’
Jen McMillan unpacks the Court’s narrow interpretation of ‘ordinarily resident’ and provides valuable practice notes and updates on residential land purchasing.
By Jen McMillan - 2 min read
Permanent stays: A fair trial need not be a perfect trial
Recent High Court decision found the mere passage of time does not provide a sufficient basis to permanently stay certain child abuse claims.
By Christien Corns, Sam Rappensberg and Milica Vukancic - 2 min read
When silence isn’t golden: Detecting early warning signs
Delay and a failure to communicate can give rise not only to disciplinary issues but also professional indemnity claims.
By Glenda Carry and Candice Perriman - 1 min read
Retainers and the extent of a solicitor’s duty of care
Recent ACT Civil & Administrative Tribunal decision considers the extent of a solicitor’s duty of care when providing advice in conveyancing transactions.
By Glenda Carry - 1 min read
Navigating the legal consequences of ransom payments in the face of ransomware attacks
An increase in ransomware attacks has forced law practices to consider whether to pay the ransom however there may be criminal law implications.
By Katherine Jones, Keith Bethlehem and Nicola Mostert - 2 min read
Play the ball and not the player: Considerations for legal practitioners seeking personal costs orders
The Court has jurisdiction to order costs against a practitioner but such orders should not be sought gratuitously and without sufficient basis.
By Daniela Faggionato and Lucy Williams - 2 min read
A legal minefield: ‘Difficult’ client instructions
It is good practice to document any advice given to a client. Where a client’s instructions seem unreasonable, there are ways to navigate the situation.
By Jen McMillan - 2 min read
Climate risks: Do lawyers owe a duty of care?
Lawyers owe clients a duty of care to advise on a range of risks and this duty may extend to climate risks.
By Elizabeth Wild and Sarah Mansfield - 2 min read
Solicitors’ duties to remind clients
Recent Court of Appeal decision has confirmed that a solicitor is not obliged to repeat advice previously given to a client.
By Lucy Williams and Milica Vukancic - 2 min read
Navigating historic institutional abuse claims in an evolving legal environment
The Royal Commission into Institutional Responses to Child Sexual Abuse has brought about significant legal reform that lawyers should be aware of.
By Catherine Power and Natalie Sullivan - 2 min read
Foreign surcharges update: Exemptions for New Zealand, Finland, Germany and South Africa
Effective immediately, citizens of New Zealand and certain countries are no longer liable for surcharge purchaser duty and surcharge land tax in NSW.
By Gina Tasoulis and Lucy Williams - 1 min read