Risk On Air

Capacity issues extend well beyond wills. From property transactions to litigation and settlements, this episode examines where solicitors go wrong, what the courts expect, why capacity must be reassessed throughout a matter, and how to protect yourself. Transcript: Beyond Instructions: What to do when client capacity is uncertain Resources Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275 Kerr and anor v Badran and anor Estate of Badran [2004] NSWSC 735 Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197 Weller v NSW Legal Services Commissioner [2022] NSWCATOD 67 Sowmi v Master Electrical Services Pty Ltd [2024] NSWSC 176 When a Client’s Mental Capacity is in Doubt: A Practical Guide for Solicitors

As convenient communication apps become embedded in legal practice, new risk issues are emerging. This episode explores the hidden hazards behind everyday tools, from lost records to waived privilege, and shares practical strategies to help lawyers balance convenience with smart risk management. Transcript: What App: Smarter app use to reduce legal risk

We explore the realities of starting a new law practice from the ground up with key insights on risk management, compliance hurdles, business planning, and the importance of focus and support networks. Whether you’re contemplating the leap or are already on your journey, this podcast provides practical tips, lessons learned, and encouragement to help you “start smart” and ensure your new practice thrives well into the future. Transcript: Starting Smart: Launching Your Practice with Risk in Mind

Looking at claims against solicitor executors and solicitors who act for executors, we shine a spotlight on the hidden hazards lurking in estate administration. From overlooked assets to distribution errors, we examine real cautionary tales with practical risk management tips to help you steer clear of similar pitfalls. Transcript: From Will to Woe: Traps for Executors Resources Nemler-Aquilina v Mercader [2025] VSC 595 Bird v Bird [2013] NSWCA 262 Income Tax Assessment Act 1997 - s 302.195

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.