Claims arise where a practitioner acting for a purchaser post-contract fails to properly advise their client of their rights where a vendor has breached the warranties in the contract and/or provided a defective Section 32 Statement. The practitioner may have failed to detect the breach due to a simple oversight, a failure to manage the […]More
Which of the following, coming from a lawyer, is not an undertaking? A: (in a meeting) My client will pay your costs relating to this application on the applicable court scale, to be taxed in default of payment. B: (in an email) I undertake to provide the notice of acquisition of an interest in land […]More
Little supervision of lawyers and clerks equals big risk for principals. We often make the point that legal practices cannot manage risk effectively without proactive supervision of employed lawyers and clerks – notwithstanding their competence and diligence. Moreover, cases such as Legal Practitioners Complaints Committee and Benari  WASAT 213 confirm that practitioners must have […]More
The Law Institute of Victoria Council recently adopted a guideline relating to practitioner’s undertakings. It distinguishes between client undertakings given by a practitioner and personal undertakings given by practitioners. It refers to the obligations in the Professional Conduct and Practice Rules 2005 and reminds practitioners they should not give an undertaking relating to matters outside […]More
2014 Regional Risk Management Tour…
Registrations are now open for the 2014 Regional Risk Management Tour.
Click below to view topics, dates, register and download a brochure.