Skip to main content

What are the top negligence claims facing lawyers today?

Published:
21 Aug 2023
News

Wenee Yap

Legal Features Writer for the College of Law
What are the top negligence claims facing lawyers today?

No law firm likes receiving a negligence claim. By their very nature, negligent acts lack malice or intent, so a negligence claim can feel overwhelming particularly as our working lives are made more complex by emerging threats, like cyber-attacks, or external stressors. So, what are the main negligence claims facing law firms today? What can you do to avoid them? 

We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most impacted by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place. 

You may be surprised but 30% of all claims across 2021 and 2022 were driven by poor communication with clients and 22% driven by not knowing the law adequately. Read on for some eye-opening facts! 

 

The leading causes include cyber-attacks and surcharge purchaser duty errors 

As solicitors shift to emails and online operations to run their firms more efficiently, organised cybercrime has followed, exploiting human error inherent in the life of any busy professional. There are clear trends emerging. 

The biggest shift has been the uptick in claims arising from surcharge purchaser duty errors, picked up in audits by Revenue NSW, and cyber-attacks on law practices, predominantly conveyancing practices,” Glenda says. “For the year that ended on 30 June 2022, 30% of property law notifications related to surcharge purchaser duty. Looking at the most recent annual statistics, we see that conveyancing/property law gives rise to the highest number of notifications at 43%.”  

The 2020/21 financial year marked Lawcover’s biggest year for cyber claims to date, in terms of monies paid out, though Glenda warns that the 2022/23 could hit a new high.  

It’s impossible to say with certainty that the pandemic, and the rapid shift to working from home that accompanied it, caused this uptick,” Glenda explains. “It is possible this trend would have emerged anyway, as more solicitors transitioned towards electronic communication systems and email.”  

According to Glenda, most cyber-attacks come from insecure use of email - in fact, this form of cyber-attack is known as ‘business email compromise’ (BEC).  
 
This is why a major focus for Lawcover has and continues to be sourcing and providing practical cyber resources for law practices.” 

 

The practice areas and firms most at risk 

Conveyancing, litigation, commercial law, wills & estates and family law - areas of law predominantly practised by local, smaller firms - are most at risk of a negligence claim. This is reflected in Graph 1.1 below. 

As you can see in Graph 1.2, although conveyancing remained highly represented over the past 5 years, in more recent years, negligence claims made against conveyancing solicitors have continued to increase significantly. This is due to an increase in claims arising from cyber-attacks and the application of surcharge purchaser duty.”  

Other areas of law remain consistent, with notifications in litigation trending downwards,” Glenda says. “The good news is that we’ve seen a slight decrease in the number of notifications generally. A total of 703 notifications were received in the year to 30 June 2022, compared with 766 in the year to 30 June 2021.” 

 

frequency of notifications all graph

Graph 1.1: This reflects the frequency of claims notifications to Lawcover, by practice area. 

 

frequency of notifications 5yr graph

Graph 1.2: This reflects the frequency of claims notifications to Lawcover, by practice area, over the past 5 years. 

Why do conveyancing and litigation lead the charge when it comes to negligence claims? 

Conveyancing 

The majority of conveyancing claims relate to issues arising from surcharge purchaser duty and cybersecurity. But as Glenda explains, the complex and fast-paced nature of conveyancing means it can arise from other areas of practice, including: 

  • Failure to advise or providing incomplete advice to purchasers, concerning restrictions on development/use, easements, contamination, contract terms, duty payable or concessions available.  
  • Vendor issues, which often relate to a failure to correctly deal with the GST/Margin Scheme, failure to attach the prescribed documents to a contract for sale or poor drafting of or omission of special conditions. 
  • Issues arising from ineffective exercise of an option. 
  • Issues regarding intra-family transfers, and potential conflicts of interest. 

Conveyancing is high-volume and often perceived by clients as a straight-forward exercise,” Glenda says. “However, Lawcover’s statistics paint a very different picture. Conveyancing is a highly competitive market with a lot of players. This can lead to price pressure which can in turn lead to a business model where more experienced practitioners delegate the work to less experienced employees, sometimes without adequate supervision. Price pressure can also lead to cutting corners, which can be dangerous in a field subject to regular legislative change.” 
 
Litigation 

While negligence claims have trended downward in recent years, litigation remains a deadline-driven area of law, and without effective management of critical dates things can be missed. Investing in a systematic approach to manage litigation dates and deadlines can pay dividends. Another key strategy is to enlist workflows which facilitate transparent communication with clients. Emails can be confusing to follow.  

According to Glenda, a significant factor contributing to claims in litigation is missed limitation dates and out of time applications. Other notable areas include: 

  • Failure to advise or providing incorrect advice surrounding appropriate jurisdiction, appeal rights and alternative remedies. 
  • Failure to manage litigation appropriately. This can involve a failure to comply with court directions on time, or failure to progress a client’s matter, which may result in a personal costs order against the solicitor. 
  • Settlement regret, whereby a client may feel dissatisfied with an outcome. Managing client expectations is often one of the trickiest, but most important aspects of litigation. 

Litigation practice is often a high-pressure environment where effective diary management and effective communication skills are crucial,” Glenda says. “In litigation, as in many other areas of practice, it is not uncommon for failure to supervise to be a contributing factor to the claim.” 

 

Poor communication main cause for claims 

Given the stress and complexity involved in the law, it’s no surprise that poor communication is a leading cause of claims against law practices. Emails are simply not designed to facilitate the effective exchange of information; they are intended to notify, not communicate. Phone calls take time to schedule. New platforms, which allow clients to view the progress of their case and communicate in real time with their lawyers, take time to explore.  

We’ve consistently seen ‘poor communication’ flagged as the main cause of negligence claims, followed by ‘not knowing the law adequately’,” Glenda says.  
 
The law is often said to be a moveable feast and it can be hard to keep up with key changes. 

In more recent years, this second category has been driven by the surcharge purchaser duty claims which impact conveyancing practices,” Glenda explains. 

When we drill into the more granular data, we see that failure to communicate often relates to allegations of failure to advise, or incomplete explanation and/or advice.”  

Where the solicitors’ version of events differs from what the client alleges, it can be difficult for courts to ascertain the truth. This is why Lawcover recommends that all legal advice is confirmed in writing.  

At the very least, it should be documented in a contemporaneous file note. The file note should include the nature of the advice given, and the initiatives taken to confirm client understanding of that advice. Producing a contemporaneous file note when allegations of ‘failure to advise’ arise, often results in an early resolution of a claim,” Glenda says. 

Failure to detail or confirm the retainer in writing is another cause of miscommunication. The retainer should clearly scope what the agreed work will include. In other words, it should detail what the law practice has agreed - and perhaps not agreed - to do. A retainer is not necessarily the same as a cost agreement or cost disclosure, though many solicitors use a single document to deal with both.” 

 

causes of claims graph

Graph 1.3 This reflects the causes of claims notifications to Lawcover 

 

So, how do you minimise your risk of a client alleging ‘poor communication’? 

According to Glenda it all starts with understanding your client’s objectives. Asking what does success look like for my client? This helps you manage expectations, which is key to good client communication. 

Dropping legal jargon and using plain English wherever possible can also assist, as well as asking open-ended questions. This can help you ascertain whether the client understands the transaction,” Glenda explains. “This also helps to ensure you are obtaining informed instructions. This is especially important where you are acting for a vulnerable client, and/or dealing with an improvident transaction.  

For example, this could involve a vulnerable client mortgaging their family home to assist a family member to obtain a business loan. When these transactions don’t go well for the vulnerable client, usually a parent or grandparent, this can result in a cross claim against the solicitor. Whilst solicitors are not authorised or insured to give financial advice, your assessment of the client's understanding of the transaction can be greatly assisted if you ask the right questions.” 

The law is a language unto itself, and for clients whom English is also new, this can be a significant challenge. 

Where English is not your client’s first language – insist on an independent qualified interpreter and not a family member,” Glenda says. 

One of the key mitigators of risk is simple. You need to implement sound practice management systems. This means investigating effective practice management systems, stress-testing and involving staff in their implementation. 

Lawcover has a suite of ‘Law Practice Checklists’ which may assist with developing these systems, from client onboarding through to matter management and file closing,” Glenda says. “However, any system is only as good as those operating it, so it is imperative that staff are trained on use of the systems, and random checks carried out to ensure compliance.”

 

For more information on practical business management skills and strategies review the College’s Legal Practice Management course and our Legal Business Management qualifications. Learn from leaders in the industry. 

  • Practice Management
  • Practitioner
  • LPMC
  • Business Management
  • Professional Conduct
  • News

Share this article?

RELATED CONTENT

Your Guide to a Career in Mediation and Dispute Resolution

Resources

Your Guide to a Career in Mediation and Dispute Resolution

Download this guide to learn more about Dispute Resolution in a nutshell, the core expertise of a Dispute Resolution practitioner, the personal strengths of a Dispute Resolution practitioner, related areas of expertise, as well as specialisation options in Dispute Resolution such as Mediation, Family Dispute Resolution, and Collaborative law.

Meet Jess Grumelart, who studied an LLM to help her upskill and find connections in family law

News

Meet Jess Grumelart, who studied an LLM to help her upskill and find connections in family law

Learn how Jess Grumelart forged a career in family law through a chance encounter at a careers fair - and an LLM in Applied Law (Family Law). We spoke to Jess about her road to family law, how her LLM helped her connect to a community of supportive family lawyers, and what advice she might have for lawyers wondering to align their legal career with their interests and passions.

Decisiveness: Why it’s the skill every lawyer needs

News

Decisiveness: Why it’s the skill every lawyer needs

What skills matter most to lawyers? As lawyers’ careers progress, technical expertise develops alongside an ability to ‘read’ what a client wants, needs or might not be saying, as well as other skills like negotiation and business development. Yet the ability to make good decisions is often overlooked as a key skill of good lawyers. 

Bridging the Gap: Family Law Resources for Aboriginal and Torres Strait Islanders

News

Bridging the Gap: Family Law Resources for Aboriginal and Torres Strait Islanders

Family law matters are deeply personal and may be emotionally charged. For Aboriginal and Torres Strait Islander families, these challenges can be compounded by cultural considerations and historical disadvantage.

Who’s Who – Five of Australia’s Top Lawyers

News

Who’s Who – Five of Australia’s Top Lawyers

Anyone who has needed to wade through law school essays, summer clerkships, and legal document reviews will know that the world of law can be more tedious than David E Kelly would have us believe. However, like any other competitive pursuit, the Australian legal scene has seen its fair share of historic moments and game changing events.

The cost of law: How litigation funding works with lawyers in Australia

News

The cost of law: How litigation funding works with lawyers in Australia

Insights spoke to Wayne Attrill, a Senior Investment manager with IMF Bentham, a global litigation funding firm, on how litigation funding works alongside lawyers to help meritorious claims, its somewhat controversial history, and its increasing role in resolving disputes.

The Rakes You Love to Hate: Top 10 Wicked Lawyers

News

The Rakes You Love to Hate: Top 10 Wicked Lawyers

Don’t we all just love to watch those onscreen lawyers who thrive on flexible ethics, infuriating tactics, and an unorthodox knowledge of the law? They may even remind us of an adversary or two – wink-wink. The College of Law rounds up the top 10 lawyers you love to hate.

Five Steps to Better Lawyer-Client Relationships

News

Five Steps to Better Lawyer-Client Relationships

Building strong, mutually respectful relationships with your clients helps you fulfil your professional duties – and makes your professional life much easier. Professional rules require practitioners to act honestly and fairly in a client’s best interests and to act with due skill and diligence in service of the client.

How to Become an In-House Lawyer

News

How to Become an In-House Lawyer

It’s a common question: how do you become an in-house lawyer? Is there a good time to make the move? How do you prepare, via secondments or other relevant experience? What qualities make a great in-house lawyer?

In-house is a very different environment to a law firm, especially as most in-house teams are still relatively small – often between three to six lawyers.

Clear and simple: 5 strategies to strengthen your commercial drafting skills

News

Clear and simple: 5 strategies to strengthen your commercial drafting skills

We caught up with Chris Bland, a seasoned solicitor, general counsel and principal of Legal Tradecraft Consulting who shares his top 5 commercial drafting strategies. 

Perfectionism in the legal profession: Secret weapon or secret shackle?

News

Perfectionism in the legal profession: Secret weapon or secret shackle?

Often touted as a lawyer’s secret weapon for success, perfectionism can boost productivity and improve your case results. But there is a shadow to this trait. We spoke with Shona Rowan on how to spot, harness and tackle perfectionism – for a constructive and sustained legal career. 

How to grow your law firm through referral partnerships

News

How to grow your law firm through referral partnerships

No law firm succeeds without referrals, but new firms often struggle due to a limited client base. To overcome this, many firms partner with related businesses or more established firms. We've compiled four tips to help you to grow your firm through referral partnerships, to establish your reputation and a steady client flow.

Insider Tips from a New Sole Practitioner

News

Insider Tips from a New Sole Practitioner

Ian Aldridge, Principal, Progressive Legal, recently opened a sole practice. As a follow on from our previous article Single and Ready to Mingle – Tips for Becoming a Sole Practitioner we asked Ian to reflect on his recent personal experience to provide tips for lawyers who have also decided to open a small practice.

How lawyer-turned-executive-coach Ellie Scarf brings out the best in leaders and teams

News

How lawyer-turned-executive-coach Ellie Scarf brings out the best in leaders and teams

Ellie Scarf's clients include major multinational law firms and global organisations. Insights spoke to Ellie about what her role involves, and what advice she might have for lawyers and leaders keen to hit peak performance.

Your Guide to a Career in International Arbitration

Resources

Your Guide to a Career in International Arbitration

Download this guide to learn about a Career in International Arbitration. International arbitration is sometimes called a hybrid form of international dispute resolution, since it blends elements of civil law procedure and common law procedure, while allowing the parties a significant opportunity to design the arbitral procedure under which their dispute will be resolved.

Legal Practice Management Course NSW - Course Guide

Resources

Legal Practice Management Course NSW - Course Guide

Download the NSW Legal Practice Management Course Guide and gain the skills needed to become a principal or partner, opening up new career opportunities in the legal field.

Law Practice Management Course South Australia - Course Guide

Resources

Law Practice Management Course South Australia - Course Guide

Download the SA Law Practice Management (LPMC) Course Guide and find out how our course can help you transition from lawyer to business leader, giving you the tools to manage a thriving legal practice.

Legal Operations Course Guide

Resources

Legal Operations Course Guide

Looking to optimise legal operations and improve service delivery across your firm?Download the course guide. During this course, you’ll cover everything from strategic planning to information governance to financial management. And you’ll walk away with the expertise and confidence to meet today’s legal challenges – head on.

 

How to handle Direct Speech after Gan v Xie [2023] NSWCA 163

News

How to handle Direct Speech after Gan v Xie [2023] NSWCA 163

A recent case before the New South Wales Court of Appeal, Gan v Xie [2023] NSWCA 163, resurfaced issues regarding direct speech, and how it ought to appear in an affidavit. Barrister Jonathan Tsang, a College of Law graduate, spoke to us about the key implications following this decision, and what lawyers need to know moving forward.

How to use LinkedIn to really build your profile

News

How to use LinkedIn to really build your profile

With over 875 million users worldwide, LinkedIn has become an indispensable platform for professionals. For lawyers, it's swiftly becoming an essential tool to network, grow a strong professional profile, and generate business. But how do you set yourself apart? In this article we catch up with College of Law National Career Strategists Susan Pincus and Ruth Beran to better understand the benefits of LinkedIn for lawyers.

4 tips to powerful verbal communication: How to win cases and influence people

News

4 tips to powerful verbal communication: How to win cases and influence people

You have probably heard it a thousand times before, “confidence is key”. But what does a confident communicator really look like? Research has shown it’s less about ‘what’ you say and more about ‘how’ you say it. Learning to speak clearly and confidently may be hard, but according to Pippa Gardner, Communications Expert and Coach at PG Communications, the results are worth it. Here is Pippa’s Four C Framework to help you speak with influence.

How to protect your firm from cyber-attacks and data breaches

News

How to protect your firm from cyber-attacks and data breaches

As cyber security becomes the domain of organised crime every Australian individual and business has become an unwilling target. Law firms are rarely early adopters of tech and yet they now face complex cyber security threats. Before you embrace your inner doomsday prepper, we caught up with Lawcover’s Legal Risk Manager, Glenda Carry, to find out how law firms are being targeted by cyber security threats, and what steps they can take to mitigate risk.

Opting for ‘on-demand’ CPD courses this year? Here are 6 things you need to know

News

Opting for ‘on-demand’ CPD courses this year? Here are 6 things you need to know

With the rise of online learning, it’s easier than ever to collect your CPD points at a time – and place – that suits you. Not all online courses are created equal. So how do you know if an online, or on-demand course will stack up? Here we explore the six markers of an excellent on-demand legal course.

Guide to Starting a Law Firm

Resources

Guide to Starting a Law Firm

We’ve created this guide to equip you with practical tips for establishing a successful law firm. Complete with checklists, activities and other resources, we hope this guide will set you on the right path – from the outset.

Free anti-harassment training launched by The College of Law and International Bar Association

News

Free anti-harassment training launched by The College of Law and International Bar Association

The International Bar Association, The College of Law Australia and The Legal Policy & Research Unit have collaborated to develop a set of e-learning modules designed to assist individuals and organisations make the changes recommended by the 2019 landmark report Us Too? Bullying and Sexual Harassment in the Legal Profession. 

How to succeed in law: 10 practical tips for new lawyers

News

How to succeed in law: 10 practical tips for new lawyers

The College of Law has written an eBook guide to thriving as a lawyer, featuring 10 practical tips for new lawyers.

Your Guide to a Career in Government and Public Sector Law

Resources

Your Guide to a Career in Government and Public Sector Law

Download your guide to a career in government and public sector law for everything you need to know about government and public sector law in a nutshell, the personal strengths of a government and public sector lawyer, the core expertise of a government and public sector lawyer, related areas of expertise, and career prospects in government and public sector law.

So, you want to start a law firm?

Resources

So, you want to start a law firm?

If you are getting serious about starting your own law firm, this one-hour video is for you. 

Preparing and lodging Land Dealings with NSW LRS: Paper or Electronic?

News

Preparing and lodging Land Dealings with NSW LRS: Paper or Electronic?

The rules governing whether to prepare a land dealing in paper or electronically in NSW can be complex. Here to untangle this complexity is property lawyer and College of Law adjunct lecturer Greg Stilianou, who will step you through what you need to know.

Top 10 Legal TV Shows, According to You

News

Top 10 Legal TV Shows, According to You

Let’s face it: most of us were drawn to law at least in part because it’s always looked great on TV. Yes, reasons such as “prestige”, “economic prosperity”, and “a desire to contribute to the justice system” may well have been contributing factors, but would the prospect of becoming a lawyer have really seemed so alluring were it not for the efforts of Alan Shore or Alicia Florrick? 

Why ChatGPT won’t be taking your job in law…yet

News

Why ChatGPT won’t be taking your job in law…yet

Amid the AI hype and calls for a halt to AI, we examined how ChatGPT is used in law and its future impact.

Fiona Kirkman, family lawyer and co-founder of FamilyProperty, has been an early adopter, using ChatGPT for research, reviews, and summaries. We spoke with her to gain insights into its strengths and limitations in daily legal work.

An interview with the Attorney-General, Honourable Mark Dreyfus KC MP

News

An interview with the Attorney-General, Honourable Mark Dreyfus KC MP

If you had the opportunity to sit face-to-face with the Attorney-General for Australia, the Honourable Mark Dreyfus KC MP, what would you ask? What would you want to know? Students and staff at the College of Law’s new international headquarters in Sydney were lucky enough to gain this exciting opportunity. 

Introducing the 7 National Principles to Address Coercive Control

News

Introducing the 7 National Principles to Address Coercive Control

Family lawyers must be aware of how violence can affect their clients, their client’s case and so be able to identify domestic violence. On 22 September 2023 the National Principles to Address Coercive Control in Family and Domestic Violence were released by the Attorney-General’s Department (‘A-G’).

Innovation Course Guide

Resources

Innovation Course Guide

Significant changes in legal delivery are occurring around the globe. Traditional ways of doing business have given way to innovation at lightning speed. Shift your way of thinking, solve problems efficiently and identify new opportunities for growth.

Leading and Managing People Course Guide

Resources

Leading and Managing People Course Guide

What’s the difference between management and leadership? This subject is a road map to understanding the complexities and motivations of individuals and teams, and how to lead them to success.

A Lawyer's Guide to Negotiating Salary and Conditions

News

A Lawyer's Guide to Negotiating Salary and Conditions

The College delves into the strategies and tactics that lawyers can employ to effectively negotiate salary and conditions. Drawing on insights from certified Executive and Leadership Coach Sue Billen and Mahlab Managing Director Lisa Gazis, we'll explore how to build a strong case for your worth, understand market trends, and navigate the complexities of negotiating with potential employers.

How can you stand out as a junior lawyer? Here are 4 practical tips to get ahead in your career (and mistakes to avoid)

News

How can you stand out as a junior lawyer? Here are 4 practical tips to get ahead in your career (and mistakes to avoid)

Ever wondered how to stand out and distinguish yourself as a junior lawyer? After running the gauntlet of competitive clerkships, you’ve landed a grad role. In those crucial years, how do you ensure you learn, provide value to your peers, mid-career lawyers, senior associates, special counsel, and partners - and steer clear of the mistakes that might sink or set back your career?

How to navigate the legal professions rules of conduct and ethics

News

How to navigate the legal professions rules of conduct and ethics

Insights has compiled a helpful guide to meeting the legal profession’s requirements of being a ‘fit and proper person, with recent examples of lawyers who have failed to meet these requirements.

Major changes to the Family Law Act passed in October 2023

News

Major changes to the Family Law Act passed in October 2023

Significant reforms to Family Law have just passed parliament on 19 October 2023.The Family Law Act (1975) is impacted by these Bills - the Family Law Amendment Bill and Family Law (Information Sharing) Bill. We spoke to Family Lawyer and College of Law Adjunct Lecturer Kathryn Kearley about what these reforms involve and what lawyers need to know.

How human rights lawyer Nawid Cina saved over 100 lives

News

How human rights lawyer Nawid Cina saved over 100 lives

Nawid Cina managed to evacuate more than 100 vulnerable women and children from Australian-run orphanages in Afghanistan when the Taliban took control in 2021. The orphanages were run by Mahboba Rawi’s Australian charity Mahboba’s Promise, the Australian connection put the women and children living at the orphanages at significant risk from the Taliban. A graduate of the College of Law, we spoke to Nawid to learn more about his human rights work and to gain his legal and career insights.

John Poulsen’s 12 stress-busting tactics for high-performing lawyers

News

John Poulsen’s 12 stress-busting tactics for high-performing lawyers

Managing stress and improving your mental health can help you live a better life - in all areas of your life. John Poulsen, former CEO of Squire Patton Boggs, shares some of his research into the role stress plays in our lives, both necessary and unnecessary, and shares his top 12 stress-busting tactics he has observed successful people adopt.

You know the law, but do you know your client?

News

You know the law, but do you know your client?

Obtaining clear instructions from your client may seem like a straightforward requirement as a lawyer. However, this can be easier said than done if a client is in a fraught emotional state (and if they are seeing a lawyer this may be the case) or if there are differences in culture. Special Counsel Olamide Kowalik knows this all too well, as part of the Springwood-based Revolution Law team, Olamide advises clients from a wide range of backgrounds. We asked for Olamide’s advice on navigating these issues in order to gain clear instructions. 

Space Law: the final legal frontier with Helen Tung

News

Space Law: the final legal frontier with Helen Tung

Space law is a growing field as humanity embraces space exploration with renewed vigour, propelled by private interests and national endeavours. We caught up with Helen Tung, College of Law lecturer in international arbitration, on her pioneering career in space law and to find out about the opportunities available for those interested in exploring the final legal frontier.

How to get into administrative law with the Administrative Appeals Tribunal Member Bridget Cullen

News

How to get into administrative law with the Administrative Appeals Tribunal Member Bridget Cullen

Learn how Bridget Cullen carved a career in public law and her advice for becoming an administrative lawyer.

Vale Professor Emeritus Sandford Clark AM

News

Vale Professor Emeritus Sandford Clark AM

The College of Law wishes to express its condolences to the family of the late Professor Sandford Delbridge “Sandy” Clark AM who died in Melbourne on 2 November 2022.

Overview of the November consultation on Family Law Amendment Bill (No. 2) 2023

News

Overview of the November consultation on Family Law Amendment Bill (No. 2) 2023

Family Law is undergoing a series of major reforms to the Family Law Act 1975 (Cth) which involves proposed changes as set out in the Family Law Amendment Bill (No. 2). Family lawyer and College of Law adjunct lecturer Kathryn Kearley provides an overview of the second tranche of reforms which have been moving through a consultation process, this ended on 10 November 2023. Here is a brief covering the Consultation on the Family Law Amendment Bill (No.2) 2023.

Plain Language for Lawyers

Resources

Plain Language for Lawyers

Discover the power of plain language for lawyers with our comprehensive guide. Learn how to communicate clearly, master formatting, and put plain language into action.

Becoming an FDRP: What you need to know

Resources

Becoming an FDRP: What you need to know

Unlock the insider insights to becoming a Family Dispute Resolution Practice (FDRP) in this exclusive recorded webinar by the esteemed experts at the College of Law.

Whether you're a legal professional eager to elevate your skills or a mediator aiming to expand your toolkit, this session covers all the essential details on the journey to becoming an FDRP.

Your Guide to a Career in In-House Practice

Resources

Your Guide to a Career in In-House Practice

Download your guide to a career in-house for everything you need to know about in-house practice in a nutshell, the personal strengths of an in-house lawyer, the core expertise of an in-house lawyer, related areas of expertise, and career prospects in-house.

“It’s crucial to see your legal education as ongoing, always.” – Kiarah Grace Kelly

News

“It’s crucial to see your legal education as ongoing, always.” – Kiarah Grace Kelly

Kiarah embodies the archetype of a lifelong learner – and she’s kindly shared her career tips from a serial student

"The LLM set me up beautifully for accreditation” – Adeline Schiralli, Keypoint Law

News

"The LLM set me up beautifully for accreditation” – Adeline Schiralli, Keypoint Law

Adeline Schiralli, Consulting Principal at Keypoint Law (NSW), is a master of Wills and Estates law. Literally. Adeline traces her journey to specialisation, highlighting the College of Law’s LLM as a crucial step to accreditation.

 

Property Law Update: Off-the-plan Property Contracts

News

Property Law Update: Off-the-plan Property Contracts

The law concerning off-the-plan purchases can be complex. However, as buyers seek affordable entry points into the property market, this kind of purchase has become more and more common. To help demystify this area of law, we spoke to property lawyer Jane Macdonnell, who is a College of Law lecturer in our popular LLM program. 

Can we improve Australia’s pro bono legal system?

News

Can we improve Australia’s pro bono legal system?

Access to justice is limited for many and while the Commonwealth Government encourages pro bono activity, it is not mandated. Could there be a better pro bono legal system? We talk to Luke Geary, Chairman of Everyday Justice.

Assessing Mental Capacity: A Guide from the Law Council of Australia

News

Assessing Mental Capacity: A Guide from the Law Council of Australia

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

Your Guide to a Career in Family Dispute Resolution Practice

Resources

Your Guide to a Career in Family Dispute Resolution Practice

Download your guide to a career in family dispute resolution practice for everything you need to know about FDR in a nutshell, the personal strengths of a FDR Practitioner, the core expertise of a FDRP, related areas of expertise, and career prospects in FDR.

How the LPMC assisted Elena to take her firm to the next level – and grow from there

News

How the LPMC assisted Elena to take her firm to the next level – and grow from there

Elena Leonardos, principle lawyer at Adelaide Legal Solutions, chose to complete her LPMC when the SA's regulation rules changed. Now, she's executing her 12-month plan to expand her business, and seeing an increase in the firm's profitability.

How Ilvana Nanic pursued her childhood dream of family law

News

How Ilvana Nanic pursued her childhood dream of family law

LLM graduate Ilvana Nanic shares why she finds family law so rewarding, and her advice to lawyers interested in studying The College of Law LLM.

Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

News

Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

Explore how an LLM helped best graduating student (commercial litigation) Dominique Mayo advance her career.

How to break into family law with Jo Bragg

News

How to break into family law with Jo Bragg

Jo Bragg, a solicitor in regional Tasmania, started as a generalist lawyer. Her personal experience of separation, along with increasing client demand, prompted her to move into family law. Insights spoke to Jo about what attracted her to family law, what her day-to-day life looks like in practice, and her advice for lawyers looking to move into the area.

NSW introduces combined Succession & Probate Lists: Key Updates

News

NSW introduces combined Succession & Probate Lists: Key Updates

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

REVEALED: The College’s most popular on-demand CPD short courses for 2024

News

REVEALED: The College’s most popular on-demand CPD short courses for 2024

To prepare you for what’s next, let’s unpack the College of Law’s 5 most popular on-demand CPD Digital Subscription courses. It’s the best way to keep your skills sharp – and your mind engaged.

From procrastination to passion

News

From procrastination to passion

Overcoming procrastination is quite simple: passion. There must be an internal desire, not dependent on anything except ourselves. That’s why we enable our learners to choose the courses and practice areas that matter most to them - from family law to advocacy - we’re helping lawyers reclaim their power and focus on the areas that they are passionate about.

Your Guide to a Career in Legal Operations

Resources

Your Guide to a Career in Legal Operations

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Nationally Accredited Mediator Training Course Guide

Resources

Nationally Accredited Mediator Training Course Guide

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

Vale Kay Smith

News

Vale Kay Smith

On Monday 15 August 2016, Kay Smith, one of The College of Law’s longest serving and most respected people died after a short illness.

Kay’s legal career began when she gained her qualification in Law through the NSW Legal Practitioners Admission Board. Kay then obtained a position as an articled clerk with a city firm at a time when there were very few openings for women in the legal profession. She was admitted as a solicitor and established a legal career. She moved from private practice to the College of Law in 1983 – the start of a 30 year career at the College.

Dispute Resolution Postgraduate Programs Course Guide

Resources

Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Defining success in life and law

News

Defining success in life and law

What does it mean to be successful? Her Honour Magistrate Michelle Harries, former Assistant Director and lecturer at the College of Law WA, shares her insights at the PLT Excellence Awards Evening. The following is an extract from Her Honour’s speech.

What’s so special about specialising? The ins and outs of becoming a specialist lawyer

News

What’s so special about specialising? The ins and outs of becoming a specialist lawyer

Becoming a specialist can be a smart career move. It’s a pathway to new knowledge, opportunities and challenges. But it’s also a commitment. So is specialising the right move for you? Learn the ins, outs, and must-knows of specialising – and what you need to know before you take the leap.

Dress for success: How clothes impact your performance and power

News

Dress for success: How clothes impact your performance and power

What you wear has been proven to impact how you feel and perform, it has also been shown to influence how others perceive and respond to you. Given these findings what you wear to the office, a client meeting, to court, or even a job interview, matters. Experienced style expert and author, Dijanna Mulhearn, provides her expert tips on how lawyers can take their look and feel to the next level and dress for success at work.

Graduate Certificate in International Arbitration Practice Course Guide

Resources

Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

Resources

Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

Resources

Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a Master of Laws (LLM)?
 
The Graduate Certificate in Applied Law might be the answer.
 
Offering a flexible and affordable way to upskill, the Graduate Certificate is a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
How ESG will impact your area of practice in law

News

How ESG will impact your area of practice in law

Four years ago, ESG (Environmental, Social and Governance) principles barely registered, even today many people are left asking – “what is ESG?”. In a nutshell ESG is a framework that is used to assess a businesses’ sustainability and ethical performance. ESG principles are an ever-growing part of doing business today. For those wanting to know more about ESG the College of Law will be holding a free ESG in Australia seminar Thursday 18th of May onsite at the College headquarters in Sydney and online. 

The future has never looked brighter: words from our CEO on the College’s big move

News

The future has never looked brighter: words from our CEO on the College’s big move

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

A Lawyer's Guide to Getting Published

News

A Lawyer's Guide to Getting Published

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Navigating Family Law Changes: Insights from the LLM Program

Resources

Navigating Family Law Changes: Insights from the LLM Program

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

Reclaiming your career after a career break

News

Reclaiming your career after a career break

Insights explores the issue of when lawyers decide to take a temporary break from the law, and what both lawyers and employers can do help experienced legal professionals return to the profession.

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

News

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

News

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

How to merge your love of music with your legal career: Chelsea's story

News

How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners recognised in June ceremony

News

Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

How AI is being used in Family Law

News

How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to exit your job gracefully in law

News

How to exit your job gracefully in law

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

News

Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

Kerala Drew found the path to qualifying as an Australian lawyer fraught with roadblocks. Learn how she landed her first job in law, what set her College of Law PLT experience apart from prior study, and what advice she might have for lawyers looking to join the Australian legal profession.

When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

News

When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

Ankurpreet Singh was thrust into a costly commercial conflict, which made him determine to pursue a legal career. To make his dream a reality, he enrolled in the College of Law’s LPMC – where he bolstered his business competence and confidence.

How to get into Wills & Estates with Rick Christie

News

How to get into Wills & Estates with Rick Christie

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

Legal Practice Management Course Queensland - Course Guide

Resources

Legal Practice Management Course Queensland - Course Guide

Download the QLD Legal Practice Management Course Guide to learn how our program can prepare you to manage a law firm or take on a leadership role within an established practice.

Legal Practice Management Course Western Australia - Course Guide

Resources

Legal Practice Management Course Western Australia - Course Guide

Download the WA Legal Practice Management Course Guide to learn how our course can help you meet the requirements for a Principal Practising Certificate and successfully manage a legal practice.

Australia's Legal CPD Requirements by State

Resources

Australia's Legal CPD Requirements by State

This is your guide to Continuing Professional Development (CPD) requirements for lawyers across each Australian state. The CPD year runs from 1 April to 31 March, except for Tasmania, where it runs from 1 May to 30 April.

Your Guide to a Career in Property Law

Resources

Your Guide to a Career in Property Law

Download your guide to a career in property law for everything you need to know about property law in a nutshell, the personal strengths of a property lawyer, the core expertise of a property lawyer, related areas of expertise, and the career prospects in property law.

How to Become a Partner Guide

Resources

How to Become a Partner Guide

This guide will help you navigate the first steps towards becoming a partner. It will help you reflect on your own motivations, assess your skill set, and determine the best path forward in your career.

New Resolution Institute and The College of Law partnership to maximise skills and experience

News

New Resolution Institute and The College of Law partnership to maximise skills and experience

Resolution Institute and The College of Law are pleased to announce an exciting new partnership aimed at establishing a symbiotic cooperation which will maximise the resources of both organisations through mutual collaboration and the sharing of expertise and efforts in education and training.

We use cookies to compile information about how our website is used and to improve the experience of our website visitors. For more information about the cookies we use, please read our Cookies and Electronic Marketing Policy. To adjust your cookie settings, click 'More information'. By clicking 'Accept and continue', you consent to our use of cookies.
College of Law recommends the use of all cookies to provide you with the optimal experience while visiting our website. Choose below to accept the recommended settings or continue to adjust your individual preferences.

Adjust your settings

We use three kinds of cookies on our websites: required, functional, and advertising. You can choose to opt out of functional and advertising cookies. Click on the different cookie categories to find out more about each category and to change the default settings.
Required cookies are necessary for basic website functionality. Some examples include: session cookies needed to transmit the website, authentication cookies, and security cookies.
Functional cookies enhance functions, performance, and services on the website. Some examples include: cookies used to analyze site traffic, cookies used for market research, and cookies used to display advertising that is not directed to a particular individual.
Advertising cookies track activity across websites in order to understand a viewer's interests, and direct them specific marketing. Some examples include: cookies used for remarketing, or interest-based advertising.