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Unsolicited: Letters to the editor

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Cite as: March 2015 89 (3) LIJ, p.08

Attention letter writers

For some time now I have been observing letters which practitioners send to each other. Law firms have grown in size and some firms are quite large and have offices in different states.

What I have been observing is the increasing regularity of letters without the recipient’s reference or even worse without marking the letter for the attention of the person in the other firm.

This takes place even if the sender is aware of the reference number or the recipient person.

I can only imagine the number of person hours which the legal profession has to spend identifying the right person to receive the letters and once received, for the recipient to work out which matter it is.

We are all aware of the value of time since that is what we are providing to our clients. Why do we allow this waste of time and energy to continue? This creates a cost which the profession as a whole has to bear.

I can only hope that the simple act of putting a reference and a name on a letter will be our individual contribution to making our colleagues working lives much easier and more productive.


Eu Ming Lim Partner, Thomson Geer

Out of reach

I have just read with interest Special Condition 2.8 of what appears to be a standard contract condition for electronic conveyancing: “Each party must do every-thing reasonably necessary to assist the other party to trace and identify the recipient of any mistaken payment and to recover the mistaken payment”.

What happens if the vital but innocent party leaves immediately after settlement for an extended bushwalking trip in south-west Tasmania (or Patagonia) and is completely out of reach by any form of communication?


Brendan Holland, Tivey & Holland

Editor’s note: See “The brave new world of electronic conveyancing” p36, and the December 2014 LIJ property column.

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