Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'Solicitor as agent'

Reminder: you need very clear instructions before commencing proceedings on a person’s behalf

May 17th, 2010 · No Comments

Updated, 23 June 2015: See Doulman v ACT Electronic Solutions Pty Limited (No 2) [2015] FCCA 1664 Updated, 16 July 2014: Brereton J summarised the authorities on this question in In the matter of HIH Insurance Limited (in liquidation); Smith v McGrath [2014] NSWSC 922 at [17], as follows: ‘Fundamentally, the extent of a lawyer’s […]

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Tags: Party party costs · Retainers · Solicitor as agent · Wasted costs

Solicitor’s ostensible authority to contract on behalf of client

February 26th, 2009 · No Comments

In Zhang v VP302 SPV [2009] NSWSC 73, a solicitor negotiated a contract for the purchase of property by his clients. The vendor’s solicitor sent a draft contract.  The purchasers’ solicitor went through it with his clients.  They specified changes they required.  The purchasers’ solicitor put the changes to the vendor’s solicitor.  The vendor’s solicitor […]

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Tags: Retainers · Solicitor as agent