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
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
Can a lawyer act contrary to a former client’s interests?
One of the key considerations is whether the law firm has established an effective ‘information barrier’ to prevent the disclosure or misuse of the former…
By Greg Couston and Laura Acton - 2 min read
Personal costs orders against solicitors
Each year a number of costs orders are sought against legal practitioners personally. By PETER MORAN.
By Peter Moran - 3 min read
Implications of the High Court’s decision on advocate’s immunity
Settlement advice and discussions should be documented to reduce the prospects of a successful negligence claim. By SIMONE HERBERT-LOWE.
By Simone Herbert-Lowe - 2 min read
Informal communications with judges’ chambers: a professional and risk management issue
There are well established and clear protocols for communications with judges and judges’ chambers. However, breaches of protocols are not uncommon. By GREG COUSTON and…
By Greg Couston and Daniel St. George - 1 min read
No compromise on advocate’s immunity
Advice leading to a settlement agreed between the parties is not generally protected by the immunity from suit. By MALCOLM CAMERON.
By Malcolm Cameron - 2 min read
Subpoenae and claims for legal professional privilege
Where a client wishes to object to a subpoena that ‘catches’ allegedly privileged documents, it is important that the objections be made prior to the…
By Tony Cavanagh - 2 min read
‘Put and call’ options: increasing risk for property transactions
When advising on or drafting an option deed/agreement, ensure that the need for such an arrangement has been adequately considered and there are no ambiguous…
By Alex Haslam - 2 min read
Social media and your practice: playing it smart
Lawyers should be careful to ensure that their social media usage does not breach their professional obligations. By LUCY WILLIAMS and JULIA CLEMENTE.
By Lucy Williams and Julia Clemente - 2 min read
Preparing expert reports: how far can solicitors go?
Solicitors can work with an expert to narrow the issues on which the opinion is provided so that the report is directly relevant to the…
By Matthew Harding and Kaveetha Kumar - 3 min read