Risk on Air: Recent Episodes
Lawcover
Lawcover presents Risk on Air – a series of podcasts focusing on issues, trends and developments in legal practice and how they can impact on your practice.
Do you have a file on your desk – or hidden in your task list – that keeps getting pushed aside? In this episode of Risk on Air, we look at why difficult matters end up in the “too hard basket”, the risks this can create, and simple habits to help practitioners regain control before minor delays become bigger issues.
Transcript:* Eat the Frog: Dealing with the Too Hard Basket
An area seeing a rise in claims, stamp duty advice is full of hidden traps. We break down concessions, exemptions and apparent misconceptions, how small missteps can lead to costly mistakes and what you can do to prevent problems arising in your practice.
Transcript:* Call of Stamp Duty
Resources Duties Act 1997 (NSW) * Real Property Act 1900 * El Chami v Chief Commissioner of State Revenue [2025]* NSWCATAD 266
It’s not always the law that trips lawyers up. It’s everything around it. This episode looks at the practical risks in commercial transactions, where small missteps can lead to big consequences, and how to avoid them in your practice.
Transcript:* Pressure Points in Commercial Practice
Resources Commercial N Pty Limited v Huang & Ors [2024] NSWSC 23 * Provident Capital Ltd v Papa [2013] NSWCA 36 * ACN 115 918 959 Pty Ltd v Hoeys Lawyers Pty Ltd [2021] VSC 79 * Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 2)* [2024] NSWCA 232
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 ExecutorsResources 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 TipsResources 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 PrivacyResourcesPrivacy Act 1988 - Federal Register of LegislationABC v Lenah Game Meats Pty Ltd [2001] HCA 63Australian 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 conversationsResourcesThe 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 partiesResourcesWardle v Wardle [2021] NSWSC 1529Legal 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 burnedResourcesOdlum 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 optionsResourcesCommissioner’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 outcomesAdditional Resources Mental Health & Wellbeing – Lawcover The Law Society of NSW Solicitor Outreach Service (SOS) - 1800 592 296Northern Territory: LawCare – 1800 193 123Nationally 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 outcomesAdditional Resources Mental Health & Wellbeing – Lawcover The Law Society of NSW Solicitor Outreach Service (SOS) - 1800 592 296Northern Territory: LawCare – 1800 193 123Nationally 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 mattersAdditional 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 interestAdditional ResourcesAtanaskovic Hartnell v Birketu Pty Ltd [2021] NSWCA 201Staffa 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 ObligationAdditional ResourcesJohnston v Allen [2024] NSWSC 187Hearne 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 changeAdditional ResourcesAML and CTF Hub | The Law Society of NSWAI 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:
Episode 40: 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
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:
First episode in Lawcover’s Cyber Series: Protect your Legal Practice from Cyber Fraud
When law firms don’t invest in the supervision and growth of their new lawyers it can lead to professional negligence claims and high staff turnover.
In this episode Julian Morrow talks with Malcolm Heath, Practice Risk Manager at Lawcover about the critical role of supervision in the legal profession and the striking impact it has on the overall health of a law firm.
Transcript:
Episode 37: Supervision of new lawyers
What do Artificial Intelligence tools like ChatGPT mean for law practices? In this episode Julian Morrow talks with Schellie-Jayne Price, leader of AI Practice and partner at Stirling & Rose about how these tools are used in legal practice and what you can do to identify and manage the risks.
Transcript:
Episode 36: AI unplugged
The law in relation to institutional abuse is rapidly evolving. In this episode, Julian Morrow talks with Cath Power, Partner at Wotton + Kearney about the High Court decision in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2032] HCA 32, what it means for permanent stay applications, and the implications for solicitors acting for parties in institutional abuse matters.
CASES:
GLJ v the Trustees of the Roman Catholic Church for the Diocese of Lismore [2032] HCA 32
Willmot v The State of Queensland [2023] HCATrans 155
Bird v DP [2032] HCATrans 145
Transcript:
Episode 35: The evolving law in relation to institutional abuse
When you’re a new lawyer you are keen to impress and demonstrate your knowledge.
In this episode, host Julian Morrow and Susan Hill, Special Counsel at Hones Lawyers, talk about the tendency for new lawyers to stray into ‘lone wolf thinking’, and this podcast will help new lawyers and their supervisors and colleagues to recognise when that is happening and avoid the dangers it poses.
Additional Resources:
New Lawyer Accelerator Program
Transcript:
Episode 34: Lone Wolf Thinking
Interest rate rises, surges in inflation and escalating cost of living.
In this episode, host Julian Morrow chats with Malcolm Cameron, National Practice Group Leader at Sparke Helmore about our rapidly changing economy, the impact this has on solicitors and how economic pressures can increase the likelihood of professional negligence claims occurring.
Additional Resources:
Australian Executor Trustees (SA) Ltd v Kerr [2021] NSWCA 5
Secured Lending 1 Pty Ltd v Mahmassani [2021] NSWSC 811
Transcript:
Episode 33: Solicitors Under Fire: Economic Impact on Negligence Claims
What situations lead to a personal costs order and how can you limit your exposure?
In this episode, host Julian Morrow and Jon Tyne, special counsel with Sparke Helmore, chat about circumstances where personal costs orders may be made against solicitors and share practical steps that can be taken to limit the risks of exposure.
Additional Resources:
Canon Finance Australia Limited v Reliance Medical Practice Pty Ltd & Ors (No 8) [2020] NSWSC 1898
Transcript:
Episode 32: Getting personal – limiting your exposure to personal costs orders
With communication issues the leading cause of claims against lawyers, it is important to be aware that not all clients process information in the same way.
In this episode, host Julian Morrow and Barrister Ian Duane chat about neurodiversity and the particular challenges of communicating with neurodiverse clients involved in litigation. We provide some practical ways you can improve your awareness and meet different communication styles to obtain the best outcome for your clients.
Transcript:
Episode 31: Neurodiversity and litigation – recognising and advising clients
Solicitors are subject to strict and ongoing obligations in relation to costs estimates and disclosures. In this episode, host Julian Morrow, co-founder of the Chaser and Giant Dwarf, and host of ABC Radio National’s Sunday Extra, chats with Barrister Michelle Castle about the practicalities of meeting your obligations and explores some key cases on costs.
Additional Resources:
Bell Lawyers v Pentelow [2019] HCA 29
Coshott v Spencer & Ors; Coshott v Spencer & Ors [2019] HCATrans 183
Todorovska v Brydens [2022] NSWCA 47
Atanaskovic Hartnell v Birketu Pty Ltd [2021] NSWCA 201
Transcript:
Episode 30: Footing the bill – emerging trends and issues in costs
In this episode, host Julian Morrow chats with Alistair Marshall about the changing legal services market and looks at practical tips for attracting clients to your legal practice.
Additional Resources:
Alistair Marshall bio
Transcript: Navigating the New – the Law Practice as a Business
In this episode, host Julian Morrow co-founder of The Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Susan Warda, Partner at Mills Oakley Lawyers, and Family Law Accredited Specialist.
Additional Resources:
Susan Warda bio
In this episode, host Julian Morrow co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Simone Herbert-Lowe, Director at Law & Cyber, about cybercrime and cyber assisted fraud in legal practice. They discuss the practical steps that can be taken to secure your practice and minimise the impact should a cyber incident occur.
Additional Resources:
Lawcover Cyber Resources Solicitors’ duties in the digital era - is there a duty of technological competence?
In this episode, host Julian Morrow co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Susan Hill, Special Counsel at Hones Lawyers and author of "A New Lawyers Guide to Getting it Right the First Time", about the risks associated with the delivery of bad news. They examine ways to deliver bad news with empathy while maintaining a focus on the facts and without damaging the relationship with the client or your reputation.
Additional Resources:
A New Lawyer’s Guide to Getting it Right the First Time
In this episode host Julian Morrow co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra chats with Elissa Baxter, Chief Legal Officer at Lawcover about file ownership. We examine recent case law on the ownership of file notes, and the implications for ownership of other documents in solicitors’ files. We provide practical points to reduce risk and prepare you for when a client says – I want my file.
In this episode -
Host Julian Morrow (co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra) chats with John McKenzie, (Legal Services Commissioner for NSW) about solicitor complaints. They explore the key causes of complaints, how a client relationship can sour, how solicitors can form an appropriate response to a complaint and what you can do to reduce the likelihood of complaints.
In this episode we delve into neuroscience and how it can help us manage our workloads, reduce risk and how maintaining mental fitness can prepare you for life’s biggest challenges. Hosted by Julian Morrow, co-founder of the Chaser, Giant Dwarf and host of ABC National Radio’s Sunday Extra who chats with Rachel Clements, co-founder and Director of Psychological Services at the Centre for Corporate Health and Resilia about creating a healthy relationship with stress.
Show Notes:
Resources
Law Society of NSW Solicitor Outreach Service (SOS) LIFELINE
Renee Stevens, Legal Risk Manager at Lawcover and Kristy Nunn, Director of Mullane & Lindsay, discuss recent cases and claims highlighting some key risk areas of family law practice, and explore how to manage these risks effectively.
Show Notes:
Binding Financial Agreements
Family Law Act 1975 (Cth) sections 90G and 90K
Rogic v Samaan [2018] NSWSC 1464
Spouse maintenance
Family Law Act 1975 (Cth) sections 90F and 90UI
Millington & Millington [2007] FamCA 687 (29 June 2007)
Fosse & Salvage [2019] FamCA 385 (14 June 2019)
Spouse maintenance orders
Bodilly & Hand [2019] FamCA 210 (9 April 2019)
Blevins and Blevins [2019] FCCA 1923 (11 July 2019)
Child support and child support agreements
Child Support (Assessment) Act 1989 (Cth) sections 80C(2), 83 and 106A(5)(a)
Child Support (Assessment) Act 1989 (Cth) Part 4
Superannuation splitting orders
Superannuation Industry (Supervision) Regulations 1994 (Cth) Part 7A
Family Law (Superannuation) Regulations 2001 (Cth) Regulation 72
In this episode, Jack Boyd provides the inside story on how New South Wales law firms have been impacted by cyber-attacks in the last few years.
In this episode, Elissa Baxter, General Counsel at Lawcover and Michaela Moloney, Partner at K&L Gates, discuss sexual harassment in law practices.
Show notes:
Need cover for employment related claims? Consider Lawcover’s NEW Lawyers Management Liability insurance. Click here for more information.
Other Resources mentioned:
Respect@work report 2020, Australian Human Rights Commission
Richardson v Oracle [2014] FCAFC 82
Vergara v Ewin [2014] FCAFC 100
The aftermath of a claim is a prime opportunity to explore changes to a law practice, particularly issues around employees whose conduct might have contributed to the claim.
Show Notes:
In this episode, guests Alex Haslam and Sarah Wood discuss systems around good employee supervision and the creation of ethical law firm cultures. They also discuss ways to approach disciplining or dismissing employees whose conduct is not meeting the firm’s expectations, and the employment law risks which arise from disciplinary action.
Cases discussed Legal Services Commissioner v Ibidapo Olayemi [2019] VCAT 1283
For law practices wanting insurance for employment related claims, information about Lawcover’s Lawyers Management Liability Policy can be found here:
Lawyers Management Liability
We discuss the importance of having a risk management strategy for your legal practice. This includes the four essential questions that every legal practice owner should ask in order to reduce general risks and in particular, the risk of claims.
Every client file is different and proper management is key for timely and effective client service and risk mitigation.
When running a legal practice what are your obligations as an employer when it comes to working remotely?
We discuss the risks, what is reasonably practicable and how you can minimise the risk to yourself, the legal practice and your employees to ensure a safe and effective work environment for everyone.
As the COVID-19 pandemic progresses, we look at the unique challenges that solicitors and law practices face as they transition to a remote working environment and evolving work arrangements. What are the potential risk implications for your practice? We discuss how systems, processes, clients and employees are impacted and how you can best minimise the risk of a professional negligence claim during these times of uncertainty.
In family provision litigation there are points where your exposure to risk increases. Knowing where these danger points lie can make all the difference.
We examine the stages of family provision litigation and the points at which a solicitor is most exposed to risk. We examine how and why each risk point arises and what you can do to manage it.
Do solicitors stick to advising on the strict application of the law, or do they have a role in helping a client decide what is right and wrong?
For many solicitors property transactions form a large part of legal practice; but they are not always straightforward.
By examining recent cases we discuss the key risk areas in litigation practice, how this risk presents itself in different matters and the steps you can take to manage it in your practice.
What cyber risks are relevant to your legal practice and what can you do about it? We discuss recent cyber claims, why and how solicitors have become targets and what can be done to secure your legal practice against cyber-attack.
For a legal practice to thrive, good financial management is key. We examine the link between poor financial management and professional negligence claims, and what can be done to minimise the likelihood of problems occurring while working towards a more profitable and successful law practice.
Lawcover shares lessons from 10 years of law firm visits and examines the recurring risk issues and key aspects of legal practice management that commonly give rise to claims, how you can better understand your practice systems and what you can do to improve operations and minimise risk.
Sometimes it’s the simplest of actions that can expose a solicitor to a defamation claim.
We discuss recent claims in the area and examine why solicitors are at risk, how they can become exposed to claims and what precautions they can take to control the risk within their practice.
Conveyancing is one of the largest areas of legal practice and it is changing.We discuss these changes along with cases, current issues and recent developments in conveyancing and how this relates to risk in everyday legal practice.
Are you confident that misunderstandings or false assumptions could not arise between yourself and your client?
We discuss recent cases which highlight the importance of clear client communication, how and why these situations occur and what can be done to manage the risk in your legal practice.
Are you unsure if your client has capacity to make a will? What should you do? We examine key cases surrounding testamentary capacity and practical measures that solicitors can take to ensure the risk is minimised and that the client’s will has the best chance of being upheld in a capacity challenge.
We discuss a solicitor’s duty of care to avoid economic loss to a client and how this relates to managing risk in everyday legal practice.
This podcast will examine the issues and risks associated with cost estimates, fixed costs and how practical measures can be taken to manage this risk, maintain a happy client base and get paid on time.
Lawyers are faced with unique, rewarding and sometimes confronting circumstances in every day legal practice. Our “Mental Health” podcast considers these challenges and the impact they can have on individual health and how to recognise warning signs, reducing risk to lawyers, their staff and their practice.