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Member Articles


Solicitor’s contemporaneous file notes found determinative in professional negligence action

A recent decision of the New South Wales District Court has highlighted the importance of solicitors maintaining file notes of discussions with their clients and any oral advice or instructions communicated during those ...

Building professionals caught in the cross fire

The Victorian Civil and Administrative Tribunal has recently handed down the long-awaited decision on the Lacrosse apartment tower litigation. The litigation was instituted by the owners corporation and individ ...

Supreme Court of the ACT provides a useful reminder of the steps a solicitor should take when acting for a client in a conveyance

In the recent case of McLennan v Clapham & Ors [2019] ACTSC 1, the Supreme Court of the Australian Capital Territory considers a claim alleging solicitor’s negligence in the context of a residential ...

Defects and Retention changes to the QBCC Act arising from Building Industry Fairness reforms

Changes arising from the Building Industry Fairness (Security of Payment) Bill (Qld) (Bill) commenced operation on 17 December 2018. Most are aware that, as a consequence, the second tranche of the Building Industry Fair ...

Solicitor’s practising certificate cancelled immediately following two findings of professional misconduct

Authors: Katherine Hayes, Partner & Madelyne Inch, Solicitor The Queensland Civil and Administrative Tribunal (Tribunal) recently handed down a decision following an investigation into a solicitor who failed to honour a ...

Main Residence Exemption and Non-Residents

Non-residents may be able to breathe a sigh of relief as the widely reported changes to the main residence exemption may not be proceeding after all. The measures to change the rules announced in the 2017-18 Federal Budg ...

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