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Recent Releases

 

Conflicts of Interest in Legal Practice 2013

March 2013

Conflicts of Interest in Legal Practice 2013

Andrew Westcott, Special Counsel, HWL Ebsworth Lawyers

In this paper, HWL Ebsworth’s Andrew Westcott explores the ethical duty of legal practitioners to avoid conflicts of interest in light of fiduciary duties, the duty of confidentiality and relevant professional regulations. In addition to considering how best to deal with conflicts when they arise, Westcott outlines the circumstances in which legal practitioners might be restrained from acting due to a conflict and addresses current inconsistencies in court authorities over whether lawyers owe a continuing duty of loyalty not to act against former clients.


Published: March 2013 - ISBN: 978-1-922026-34-7

Number of pages: 26

 

 

Paper (P13/05)
$48.00 (inc. GST)

Directors' & Officers' Duties - Navigating the legal minefield 2013

February 2013

Directors' & Officers' Duties - Navigating the legal minefield 2013

Paul Cosgrave SC, Barrister, Victorian Bar

Legal practitioners face significant challenges when advising on the law regarding directors’ obligations, a fact exemplified by the different approaches taken by trial courts, intermediate appeal courts and the High Court on this subject. In this paper, Paul Cosgrave SC takes a look at the practical implications for directors of several recent and major decisions of the courts (namely the Centro, James Hardie and Fortescue Metals cases).  He also addresses the position of general counsel as officers of a company and the potential liability of external legal advisors providing guidance or advice to company directors and officers.   


Published: February 2013 - ISBN: 978-1-922026-29-3 

Number of pages: 36

Paper (P13/01)
$68.00 (inc. GST)

Ethics Case Law Update 2013

March 2013

Ethics Case Law Update 2013

Aileen Ryan SC, Barrister, Victorian Bar

In this paper, Aileen Ryan SC provides an update of case law from the past 12 months which has dealt specifically with the conduct of legal practitioners. In addition to claims in negligence, the cases consider the professional and ethical obligations cast upon lawyers, and analysis is provided on topics including damages sought for loss of opportunity and how much protection might be afforded by the concept of advocate’s immunity.


Published: March 2013 - ISBN: 978-1-922026-31-6

Number of pages: 17



 

Paper (P13/08)
$48.00 (inc. GST)

Property Law Intensive 2013

March 2013

Property Law Intensive 2013

 

This set comprises a selection of papers from our Property Law Intensive as follows:
 
• Common Scenarios with Off-the-Plan Sales – John Warren, Victorian Bar
 
• Property Law Update – Anthony Schlicht, Victorian Bar


Published: March 2013 - ISBN: 978-1-922026-38-5
Paper (P13/10)
$48.00 (inc. GST)

Wills & Estates Intensive 2013

February 2013

Wills & Estates Intensive 2013

This set comprises a selection of papers from our Wills & Estates Intensive as follows:

 
• Recent Decisions – Cases, claims and cautionary tales – Peter Pascoe, Victorian Bar
 
• Dealing with Foreign Assets – Key considerations – Robert Shepherd, Victorian Bar and
Simon Tisher, Victorian Bar
 
• Drafting Supporting Affidavits – Pointers, pitfalls and the power of persuasion –
Stewart McNab, Victorian Bar
 

 

Published: February 2013 - ISBN: 978-1-922026-37-8

 

Paper (P13/09)
$88.00 (inc. GST)

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