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State of mind and implied waiver of client legal privilege

By robertsheldon / May 22, 2020 / Comments Off on State of mind and implied waiver of client legal privilege

when is a party’s state of mind sufficiently in issue for legal advice potentially informing that state of mind to be disclosable as having lost privilege by implied waiver

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Solicitors, fiduciary duties, retainers and contributory negligence

By robertsheldon / September 3, 2019 / Comments Off on Solicitors, fiduciary duties, retainers and contributory negligence

Rahme v Benjamin & Khoury Pty Ltd [2019] NSWCA 211 In relation to Question 1: By signing the costs agreements with B&K, Mrs Rahme agreed to pay B&K’s past and future fees for it acting on her behalf as solicitor for the plaintiffs in the Bevillesta proceedings and she agreed to give security for that…

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Solicitor's duties: retainer etc

By robert / October 2, 2018 /

TORTS — Negligence — Professional Negligence — Solicitor and Client — No formal retainer TORTS — Negligence — Professional Negligence — Solicitor and Client — No formal retainer — the plaintiff solicitor alleged that the defendant solicitor failed to advise the plaintiff about personal mortgages in various loan agreements — the plaintiff has not established…

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12 tips to going paperless

By robert / March 18, 2018 /

Yet, believe it or not, going paperless is easier than you think. What used to be a more expensive and time-consuming option has now, thanks to hundreds of companies who have rethought old ways of working, become a valid option to actually start saving time, money and the environment. Sounds tempting, right?

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Professional liability, limitation periods and summary dismissal

By robert / December 5, 2017 /

(1)   The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…

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Service of later medical reports

By robert / January 23, 2017 /

ROFESSIONAL CONDUCT – LAWYERS – Where first defendant’s solicitors failed to serve a supplementary medical report until day before trial – whether statements made to and correspondence with other parties in relation to report was misleading – solicitors subject to a duty not to make misleading statements to other parties – whether affidavit of defendant’s…

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Solicitor's duty beyond the retainer

By robert / December 27, 2016 /

AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153 85. The extent to which the duty requires a solicitor to advise on matters beyond a client’s express instructions is problematic. In Micarone v Perpetual Trustees Australia Ltd,[1] Debelle and Wicks JJ identified the scope of a solicitor’s duty of care as follows:[2]

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Costs for self represented litigants

By robert / November 1, 2016 /

Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 On 27 May 2016 the Court dismissed Ms Bechara’s amended summons seeking leave to appeal from a judgment and orders of Adamson J made on 29 October 2015. Ms Bechara was not present at the hearing of the application. The respondent Mr Bates, a…

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Appointment of silk in NSW: declaratory relief

By Robert Sheldon / July 13, 2016 /

ASSOCIATIONS AND CLUBS – declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – whether subject matter of declarations sought is justiciable – when Court will intervene in internal affairs of voluntary associations – where association is a company limited by guarantee – where issues do not relate to rules in association’s Constitution…

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Proportionate costs in England & Wales

By Robert Sheldon / March 25, 2016 / Comments Off on Proportionate costs in England & Wales
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