Employment law can be a legal minefield where timeframes, jurisdictional twists, and client curveballs can trip up even the sharpest practitioners. We examine some of the challenges and risk areas unique to this area of practice and what solicitors can do to minimise their risk, sharing practical insights and tips to help you stay ahead.

Transcript:

Employment Law: Unique Risks and Practical Tips

Resources

Hollis v Vabu Pty Ltd - [2001] HCA 44
B. Rose v Telstra Corporation Limited - 1444/98 N Print Q9292 [1998] AIRC 1592

The statutory tort of serious invasion of privacy is here, and it’s reshaping the risk landscape for solicitors. From handling client information and advising on privacy matters to responding to data breaches and managing cyber security, we unpack the new tort and explore its implications for you and your practice, including the steps you can take to manage the risks.

Transcript:

The New Tort - Invasion of Privacy

Resources

Privacy Act 1988 - Federal Register of Legislation
ABC v Lenah Game Meats Pty Ltd [2001] HCA 63
Australian Consolidated Press Ltd v Ettingshausen [1993] NSWCA 10

Navigating tough conversations is a reality many lawyers face. From managing unrealistic expectations to de-escalating conflict, we explore practical strategies for communicating with clarity, empathy and professionalism, not only to foster stronger client relationships, but also to reduce risk and maintain control in highly charged interactions.

Transcript:

Difficult dialogue: Managing challenging conversations

Resources

The Resilient Lawyer

Conflicts of duties can quietly arise in the routine of everyday legal practice. From property transactions to estate planning, these conflicts often go unnoticed, until it’s too late. In this episode, we explore how to spot the red flags, the importance of clearly documenting client relationships, and knowing when it’s time to step back.

Transcript:

A family affair: Conflicts of duties when acting for related parties

Resources

Wardle v Wardle [2021] NSWSC 1529
Legal Services Commissioner v Cass [2023] QCAT 320 (25 August 2023)

It’s the outcome every solicitor involved in litigation strives for: settlement. But for some, that “game over” moment can mark the beginning of a new set of problems. In this episode, we unpack settlement regret and why it remains a significant risk. From overlooked advice to misunderstood outcomes, what can solicitors do to avoid becoming the next cautionary tale?

Transcript:

Settlement regret: Why solicitors still get burned

Resources

Odlum v Friend [2024] NSWCA 159

Changes to the NSW Duties Act are still creating challenges for solicitors. In this episode Andrew Rider, specialist Tax Barrister, provides practical guidance on navigating the key amendments to the Duties Act, why solicitors continue to have difficulties in this area and why the Commissioner’s guidance on transfer duty on options is essential reading for property lawyers.

Transcript:

Duty calls: Navigating transfer duty on options

Resources

Commissioner’s practice note CPN 037

Maintaining good working relationships with clients is much easier when expectations have been clearly set at the beginning. In this episode Jacqui Dawson, principal of Sexton Family Law and an Accredited Specialist in Family Law, shares her tips and insights for keeping client relations on the right track.

Transcript:

Great Expectations: Managing client relationships in Family Law

In the final part of this 2-part episode we examine compassion fatigue and vicarious trauma in legal practice – what is the difference between them and why do they pose significant risks not only for the individual solicitor, but for the practice and its clients.

Transcript:

Part 2 - Trauma-informed practice: Reducing risk and improving outcomes

Additional Resources

Mental Health & Wellbeing – Lawcover
The Law Society of NSW Solicitor Outreach Service (SOS) - 1800 592 296Northern Territory: LawCare – 1800 193 123
Nationally available support and helplines:Lifeline - 13 11 14Beyond Blue - 1300 224 636

In part 1 of this 2-part episode, host Julian Morrow is joined by Rachel Clements Co founder and Director of The Centre for Corporate Health to discuss trauma informed practice and how it can enhance client interactions, reduce risks, and improve overall outcomes – for everyone.

Transcript:

Part 1 – Trauma-informed practice: Reducing risk and improving outcomes

Additional Resources

Mental Health & Wellbeing – Lawcover
The Law Society of NSW Solicitor Outreach Service (SOS) - 1800 592 296Northern Territory: LawCare – 1800 193 123
Nationally available support and helplines:Lifeline - 13 11 14Beyond Blue - 1300 224 636

In this episode, host Julian Morrow is joined by Malcolm Heath, Lawcover’s Practice Risk Manager, to unpack a five-letter word that could feel like a four-letter one: CYBER.
The key question isn’t just how to prevent a cyber-attack but also how to respond when it happens—because how you respond can make all the difference.

Transcript:

Cybercrime – How you respond matters

Additional Resources

lawcover.com.au

Conflicts of interest can challenge even the most seasoned of solicitors.
In this episode, we explore common situations where and when conflicts may arise and strategies to better identify potential conflicts, take appropriate action, and uphold your duty to your clients and the law.
Transcript:

Whose Side Are You On? Navigating conflicts of interest

Additional Resources

Atanaskovic Hartnell v Birketu Pty Ltd [2021] NSWCA 201
Staffa v Legal Profession Complaints Committee [2022] 83 WASCA

In this episode, Julian Morrow chats with Ian Denham, partner at Moray & Agnew Lawyers, to unpack a crucial but often misunderstood legal concept: the Harman Obligation.
What does it entail, what are the practical implications if you get it wrong, and how can you protect yourself?

Transcript:

Navigating the Harman Obligation

Additional Resources

Johnston v Allen [2024] NSWSC 187
Hearne v Street [2008] HCA 36

In this episode, Julian Morrow talks with Brett McGrath, current president of the New South Wales Law Society, about navigating new legislative and technological changes, what these shifts mean for solicitors in their daily practice and why it is important to start preparing now.

Transcript:

Preparing your practice: managing legislative and technological change

Additional Resources

AML and CTF Hub | The Law Society of NSW
AI for legal professionals | The Law Society of NSW

In this episode, Julian Morrow talks with tax law barrister Andrew Rider about the intersection of immigration, tax and property laws in the complex landscape of Surcharge Purchaser Duty (SPD) and Surcharge Land Tax (SLT) in NSW.

Transcript:

Surcharge Traps

Additional Resources

Keddas Pty Ltd ATF Kaluarachchi Family Discretionary Trust v CCSR [2024] NSWCATAD 138

How to stay secure while working on the run?
In this episode, Julian Morrow talks with Cathryn Urquhart, a Professional Skills Trainer, about the risks and practicalities of working anywhere other than a designated desk and highlights the risks to be aware of in a world of flexible work arrangements.

Transcript:

Legal Work on the Run

Understand the critical role of solicitors in assessing the prospects of success in litigation. Learn when a solicitor may have an obligation to inform clients that their case is hopeless.
Tune in to this episode as Julian Morrow and barrister Amelia Avery-Williams address the practical considerations solicitors must navigate when assessing litigation prospects and learn how thorough documentation can defend against negligence claims.

Transcript:

Advising on Litigation and Client Prospects

Additional Resources

Victorian X-Ray Group Pty Ltd v Malouf t/a Malouf Solicitors (No 3) [2024] NSWSC 888*
NOTE: The decision in Victorian X-Ray Group Pty Ltd v Malouf t/a Malouf Solicitors (No 3) [2024] NSWSC 888 is under appeal.

In part 4 of Lawcover’s cyber podcast series, host Julian Morrow talks to Katherine Jones, partner at Colin Biggers & Paisley, about Lawcover’s Cyber Risk Insurance Policy that Lawcover has put in place for the benefit of its insured law practices.

Transcript:

Part 4 in Lawcover’s Cyber Series: Lawcover’s Cyber Risk Insurance Policy

Additional Resources

Cyber Policy Wording
Cyber Resources

In part 3 of Lawcover’s Cyber podcast series, we revisit host Julian Morrow’s chat with SJ Price, leader of AI Practice and partner at Stirling & Rose about the implications of generative AI models for law practices.

Transcript:

Part 3 in Lawcover’s Cyber Series: AI Unplugged

It’s not if, but when! Data and privacy breaches; are you at risk?
In this episode Julian Morrow talks with Nitesh Patel, Principal, and Cyber and Technology Specialist at Gilchrist Connell about data breaches and what a law practice can do to protect its confidential information.

Transcript:

Part 2 in Lawcover’s Cyber Series: Data and Privacy Breaches

The digital landscape is constantly evolving, and so must our defences.
In this episode Julian Morrow talks with Elissa Baxter, Chief Legal Officer at Lawcover about the evolving threat of cyber fraud and the strategies legal practices can adopt to prevent the loss of funds to cyber criminals.

Transcript:

Part 1 in Lawcover’s Cyber Series: Protect your Legal Practice from Cyber Fraud