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Lawyer successfully defends $6.5M claim alleging breach of retainer
20 February 2020 | Insurance & Health LawA plaintiff’s claim for damages in excess of $6.5M against his former solicitors for breach of contract, negligence and misleading and deceptive conduct in the provision of legal advice was dismissed. In Issue Whether, in giving legal advice, the...
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Conveyancer’s liability in transactions involving fraud – primary responsibility rests with the fraudster (where it belongs)
20 January 2020 | Insurance & Health LawA sister defrauded her two brothers of their interest in the family home that was bequeathed to all three in equal shares upon the parents’ deaths. An innocent yet negligent conveyancer was drawn into the fray as she did not take sufficient steps to...
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Common pitfalls in modern proceedings
10 May 2019 | Insurance & Health LawIn Liprini v McIntyre [2019] NSWSC 355, Acting Justice Simpson extensively discussed some of the common pitfalls in the progression of modern proceedings, in the context of a professional negligence claim against solicitors, focusing on risk of harm,...
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Do you really know who your clients are?
10 April 2019 | Insurance & Health LawThe New South Wales Court of Appeal allowed the appellant’s appeal against the decision of the Supreme Court of New South Wales that there was a solicitor/client relationship between the appellant and the respondent solicitors despite the fact that...
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Detailed file notes worth more than advocates’ immunity
26 March 2019 | Insurance & Health LawA solicitor and barrister were unsuccessfully sued by their former client for an alleged failure to advise of a settlement offer. The solicitor and barrister escaped a finding of negligence due to their detailed and contemporaneous file notes. It was...
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Negligence claim succeeds after expiration of limitation period
19 September 2018 | Insurance & Health LawA solicitor from the New South Wales South Coast has been ordered to pay damages for failing to advise an elderly client to lodge a caveat on a property promptly upon learning the client’s long-term romantic relationship had ended. The claim was...
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