S21 Agreements: Lawyers' Liability (Paper)

Materials comprised of a Paper and PowerPoint Handout. 

Presenter

Elizabeth Heaney, Senior Associate, Tompkins Wake

Synopsis

There are multiple responsibilities and potential liabilities of lawyers when advising clients on contracting out and settlement agreements under the Property (Relationships) Act 1976 (PRA). For agreements under s21, 21A, and 21B of the PRA to be binding, they must be witnessed by a lawyer who certifies that independent legal advice has been provided. If a lawyer fails to give adequate advice, they may face legal liability.

Elizabeth Heaney (Senior Associate at Tompkins Wake) will cover the key causes of action for inadequate advice, outline lawyers’ duty of care, and provide practical guidance on minimising liability through best practices.

These Materials will help you

• Understand lawyers’ obligations when advising on contracting out and settlement agreements under the PRA.
• Identify potential causes of action and liabilities for inadequate legal advice.
• Analyse the lawyer’s duty of care and the consequences of breaching that duty.
• Assess how damages are measured and the statutory limitation periods for claims.
• Apply best practices to minimize the risk of liability when advising on PRA agreements.

Intended Audience

Lawyers at all levels working in family law and property law.