Legal Profession
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…
Read MoreTORTS — 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…
Read MoreYet, 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?
Read More(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…
Read MoreROFESSIONAL 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…
Read MoreAS 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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