A solicitor who performs substantial work for an unrepresented party to a transaction — including incorporating a company, drawing requisitions on title, and advising on caveats — will be found to have an implied retainer with that party, even without a fee arrangement, sufficient to impute the solicitor's knowledge to the party under s 199 of the Property Law Act 1958 (Vic). A verbal statement that the solicitor 'cannot act' made after substantial work has already been performed does not negate the implied retainer for work already done or work continuing thereafter. The standard for inferring an implied retainer is the balance of probabilities, not the more stringent test for implication of contractual terms.
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