Risk on Air

What really counts as a claim? When does a concern become a notifiable circumstance, and what happens after you contact Lawcover? Through practical examples and straight‐talking guidance, we lift the lid on claims, unpack common misconceptions, and outline the steps you can take to manage issues early and with confidence. Transcript: Claims 101

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