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Vol31 No1 March-May 2017

Till death do us part: the effect of death on a solicitor’s retainer with a client during a conveyancing transaction
By Sarah Whitfield-Meehan
It is the common law stance that on the death of a client, the solicitor and client retainer (‘the retainer’) is terminated, which means the duties that the solicitor owes to the client (except for confidentiality) cease. Subject to the terms in a contract for the sale of real property, where such terms are not automatic, then death will not automatically end a contract and the obligations of the parties will continue. Therefore, the question as to what happens to the retainer becomes a practical issue in terms of proceeding with the contract, as well as registration of the transfer dealing, which this paper will examine.

Civil and criminal liability of directors and officers of sporting clubs
By Dr Elisabeth Peden
‘Humans have always been involved in some form of recreation. Like any activity, recreation can generate situations where the desires and needs of one person conflict with those of another. This is the basic ingredient of any legal dispute’.
While in some areas of dispute there are unique principles that apply to the sporting context, in situations where sport is managed through governance of corporations or other like entities, then the general law applies as it would in any other context. It is for that reason that leading texts on sport law do not contain any section on corporate structures or directors’ obligations. The use of corporate structures has arguably mushroomed since the 1980s when it became possible to generate revenue from sport as a form of entertainment. For example, total income from sports and recreation activities in 2011-2 was $12.8 billion.

Drafting termination clauses
By J W Carter
Synopsis:
  • Objectives, contexts and impact
  • Trigger event
  • Response to the trigger event
  • Consequences of termination
  • Guidelines?
  • Till death do us part: the effect of death on a solicitor's retainer with a client during a conveyancing transaction
    By Sarah Whitfield-Meehan
    page 3
  • Civil and criminal liability of directors and officers of sporting clubs
    By Dr Elisabeth Peden
    page 12
  • Drafting termination clauses
    By J W Carter
    page 22
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    Main File Type pdf
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