With all due respect: X and the city

 Law Institute Journal Apr 2016

Ride sharing is not new.

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Food/Wine/Coffee
Food/Wine/Coffee

 Law Institute Journal Apr 2016

One of the perennial issues that city based lawyers face is where to meet a colleague if one works in the legal precinct and the other at the top of Collins.

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Inside stories: ANDY and AI

 Carolyn Ford Apr 2016

Lawyers and human rights activists star in an NGV blockbuster exhibition. 

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Your career: Redefining the profession
Your career: Redefining the profession

 Hugh Davies Apr 2016

In the changing legal landscape there are downsides to being a consummate professional. 

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7 habits of highly effective lawyers

 Stephen Stern Apr 2016

Stephen Stern is a partner and national practice group leader (IP&T) at Corrs Chambers Westgarth.

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New admissions
New admissions

 Law Institute Journal Apr 2016

The following people were admitted to practice as Australian lawyers and as officers of the Supreme Court of Victoria on 3 February 2016. The LIJ welcomes them to the legal profession.

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Mentoring Q & A
Mentoring Q & A

 Richard Dalton & Bec Preston Apr 2016

At the Victorian Bar, the long-established tradition is that all new barristers undertake a nine-month period of “reading” with a mentor barrister. During this time, the mentor shares their chambers with the reader, so the reader gets the benefit of the guidance and example of the mentor during this formative stage of the reader’s career.

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Supreme Court Judgments
Supreme Court Judgments

 Professor Greg Reinhardt Apr 2016

Mandie and others v Memert Nominees Pty Ltd [2016] VSCA 4 (unreported, 5 February 2016, S APCI 2015 0097, Kyrou, Ferguson and McLeish JJA).

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Legislation update
Legislation update

 LIV Library Apr 2016

This summary is prepared by the LIV Library to help practitioners keep informed of recent changes in legislation.

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The paramount duty
The paramount duty

 Jessica Andreacchio Apr 2016

The Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 set out various duties that lawyers should be aware of. Throughout the mediation process, a lawyer must first be an officer of the court and then a client advocate.   

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A healthy environment

 Tim McFarlane Apr 2016

Practical factors, including the choice of venue and seating arrangements, are often overlooked but can greatly assist in achieving a successful mediation. 

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Getting to yes sooner

 Steve White Apr 2016

A preliminary phone conference between the mediator and the parties is just one way of reaching a resolution sooner.  

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Just no choice

 John Sharkey Apr 2016

Five judgments have been delivered to date concerning s8 of the Commercial Arbitration Act 2011. They provide guidance on the prospects of court proceedings being halted with the parties left to arbitrate their disputes. 

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Ready, Set, Go

 Jonathan Kaplan Apr 2016

Thoroughly preparing yourself and your client for mediation and adopting a conversational rather than adversarial role could be the key to a successful mediation.  

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From the LIV
From the LIV

 Law Institute Journal Apr 2016

The financial and emotional costs of parties engaged in an adversarial court or tribunal process in matters involving a statutory common law and “no fault” scheme such as transport or workplace accidents, can be substantially reduced if the process is modified.

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Unsolicited
Unsolicited

 Law Institute Journal Apr 2016

We reserve the right to edit letters and to republish them in their original or edited form on the internet or in other media. Letters must include a phone number and address for authentication.

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High Court Judgments
High Court Judgments

 Andrew Yuile Apr 2016

Joinder of third party insurer – “matter” and federal jurisdiction

Offshore detention – executive and legislative power – Act of State

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Federal Court Judgments
Federal Court Judgments

 Dan Star Apr 2016

The conundrum of whether a decision was of an administrative or of a legislative character – a decision not to vary or revoke certain rules

 

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Family Law Judgments
Family Law Judgments

 Robert Glade-Wright Apr 2016

Interim injunction to preserve assets until determination of agreement’s validity upheld
Dismissal of wife’s application for leave to proceed 16 years out of time set aside
Husband’s “secretive” transfer of home to children of his first marriage set aside

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Practice notes
Practice notes

 Law Institute Journal Apr 2016

Practice Direction No 1 of 2016: Correcting penalties imposed contrary to law Background

Section 104B of the Sentencing Act 1991 allows a court to reopen a proceeding to correct a sentence imposed contrary to law or which failed to impose a penalty that is required to be imposed by law.

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Cash rate target
Cash rate target

 Law Institute Journal Apr 2016

From 6 December 2007 law practices whose matters are governed by the Legal Profession Act 2004 cannot use the penalty interest rate for their accounts.

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Penalty and fee units
Penalty and fee units

 Law Institute Journal Apr 2016

For the financial year commencing 1 July 2015, the value of a penalty unit is $151.67. 

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0

Penalty interest rate
Penalty interest rate

 Law Institute Journal Apr 2016

The penalty interest rate is 9.5 per cent per annum (from 1 June 2015).

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Online
Online

 Law Institute Journal Apr 2016

The Wall Street Journal publishes a law blog focusing on recent US cases, current trends and personalities in the legal field. The contributors are newspaper staff, including the lead writer Jacob Gershman who covers law. 

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Books
Books

 Law Institute Journal Apr 2016

This month's books cover crime fiction, appeals, admiralty law and the High Court. 

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LIV Library
LIV Library

 Law Institute Journal Apr 2016

LIV Members may borrow library material for 14 days, with a one week renewal available unless reserved by a member. Items can be collected from the library, posted or sent via DX free of charge. 
 

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Ethics Committee rulings: Conflict of interest

 Law Institute Journal Apr 2016

Ethical dilemmas are part of everyday practice for solicitors. The LIV Ethics Committee is available to help.

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Ethics 

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LPLC: Advising on contracts

 Legal Practitioners' Liability Committee Apr 2016

Giving full and proper advice about contracts will help you avoid a claim. 

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Victorian law reform: Reform under review

 Law Institute Journal Apr 2016

The VLRC recently reviewed the implementation of its projects over the past 15 years.

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Property: Adjusting rent

 Russell Cocks Apr 2016

Rental properties present challenges at settlement and care must be taken when adjusting rent and dealing with a security deposit.

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Pro bono: Acting in climate change litigation

 Dylan Orsborn Apr 2016

There are more opportunities for practitioners to act for public interest litigants in climate change cases.

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Technology: Chain reaction

 Fabian Horton Apr 2016

The technology behind bitcoin could have a profound effect on governments, banks, exchanges and brokers, and the lawyers who advise them. 

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According to merit?/Diversity: The trouble with policies

 Michelle Whyte Apr 2016

Diversity is a business imperative and must have targets. 

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You're standing on my commercial interests
You're standing on my commercial interests

 Brian Yeom May 2016

In Argos the High Court has confirmed that a business owner likely to suffer a loss of profitability due to administrative decisions may be a "person aggrieved" under the ADJR Act...

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The High Court's struggle with the self-incrimination privilege
The High Court's struggle with the self-incrimination privilege

 Dr Cosmas Moisidis May 2016

It can be argued that the High Court's understanding of the self-incrimination privilege has been inaccurate and incomplete, and that this has caused...

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Wig era over in Supreme Court
Wig era over in Supreme Court

 Law Institute Journal May 2016

Wigs will no longer be worn by Supreme Court judges in Victoria except in exceptional circumstances. ollowing consultation with the Council of Judges of the Supreme Court of Victoria, Chief Justice...

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Law Week 2016
Law Week 2016

 Law Institute Journal May 2016

Law Week 2016 (16-22 May) has more than 100 events - mostly free - for lawyers and non-lawyers alike. On 20 May, the LIV is hosting a lunchtime panel discussion, led by High Court judge...

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Fare go
Fare go

 Julian Burnsite QC May 2016

The Western Community Legal Centre (WCLC) wants to reform the public transport penalties system for secondary students to allow reduced fines and instalment payment arrangements...

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Call for Indigenous Treaty
Call for Indigenous Treaty

 Professor Megan Davis May 2016

Constitutional recognition of Indigenous Australians had to go beyond a weak symbolic gesture to become a model that compelled governments to act.

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Farewell to Chief Judge Rozenes
Farewell to Chief Judge Rozenes

 Law Institute Journal May 2016

An overflowing County Court to farewell retired Chief Judge Michael Rozenes in March demonstrated the high esteem in which he is held.

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From the LIV
From the LIV

 Nerida Wallace and Steven Sapountsis May 2016

The LIV is working to encourage diversity in the profession. Intuitively, we know that recognising and valuing diversity is a fair way of conducting life and business. However, unless practitioners...

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Letters to the editor
Letters to the editor

 Various May 2016

Charity register: Since December 2012, the Australian Charities and Not-for-profits Commission (ACNC) has received more than 1000 complaints from registered charities about the way banks and...

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High Court Judgments
High Court Judgments

 Andrew Yule May 2016

In Tabcorp Holdings Limited v Victoria [2016] HCA 4 (2 March 2016) the High Court held that Tabcorp was not entitled to a terminal payment.

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Federal Court Judgments
Federal Court Judgments

 Dan Star May 2016

Whether a statistical analysis of a judge’s previous decisions establishes bias. In ALA15 v Minister for Immigration and Border Protection [2015] FCCA 2047, Judge Street of the Federal Circuit Court...

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Family Law judgments
Family Law judgments

 Robert Glade Wright May 2016

Finding of shorter life expectancy due to ill health in the absence of expert evidence set aside. In Fontana & Fontana [2016] FamCAFC 11 (9 February 2016) the Full Court (Strickland, Murphy & Watts JJ) allowed...

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Supreme Court Judgments
Supreme Court Judgments

 Professor Greg Reinhardt May 2016

The appellant had pleaded guilty and been convicted of the defensive homicide of her husband (the maximum penalty for such an offence is 20 years). The appellant had pleaded guilty and been convicted of the defensive homicide...

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0

Legislation update
Legislation update

 LIV Library May 2016

This summary is prepared by the LIV Library to help practitioners keep informed of recent changes in legislation.

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0

Practice notes
Practice notes

 Law Institute Journal May 2016

Changes to Subpoena and Notice of Request to Inspect forms. The updated forms are available on the Family Court website under...

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0

Cash rate target
Cash rate target

 Law Institute Journal May 2016

From 6 December 2007 law practices whose matters are governed by the Legal Profession Act 2004 cannot use the penalty interest rate for their accounts...

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0

Penalty and fee units
Penalty and fee units

 Law Institute Journal May 2016

For the financial year commencing 1 July 2015, the value of a penalty unit is $151.67...

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0

Penalty interest rate
Penalty interest rate

 Law Institute Journal May 2016

The penalty interest rate is 9.5 per cent per annum (from 1 June 2015). To monitor changes to this rate between editions of the LIJ, practitioners should check the Magistrates’ Court...

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Online
Online

 Law Institute Journal May 2016

The Comlaw website has changed its name to the Federal Register of Legislation. The Comlaw website has changed its name to the Federal Register of Legislation. It is the authorised, government website for...

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Battleground of claims
Battleground of claims

 John Tesarsch May 2016

Despite the Future of Financial Advice reforms, there are still significant concerns as to the professional standards and skill level of some financial advisers... 

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In the face of terror
In the face of terror

 Mark Sullivan May 2016

There is broad consensus that extremist groups pose a world terror threat. Consensus regarding a response to the terror threat is more problematic. There are those who are charged with protecting rule of law principles and there are...

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An efficient justice
An efficient justice

 Andrew Field May 2016

With the introduction of the Criminal Procedure Act 2009 and the Evidence Act 2008 came the significant innovation of the interlocutory appeal mechanism in criminal trials. The procedure is now well understood, but...

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Council update
Council update

 Law Institute Journal May 2016

The LIV Council meets regularly to consider issues of importance to members, the legal profession and the community. 

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Inside stories: Plenty of practice
Inside stories: Plenty of practice

 Karin Derkley May 2016

Melbourne solicitor Gregory Antippa is in no hurry to shut up shop.

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Food/Wine/Coffee
Food/Wine/Coffee

 Law Institute Journal May 2016

Hand picking of this early picked chardonnay takes place under lights in the middle of the night to optimise both fruit condition and temperature which results in crisper juice of outstanding quality.

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With all due respect: Talking tactics
With all due respect: Talking tactics

 Law Institute Journal May 2016

Let's ban meetings for a month.

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0

Wellbeing: Leaning back
Wellbeing: Leaning back

 Jo Bassett May 2016

What price are you willing to pay to achieve your goals? 

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Beyond the law: Brush with infamy
Beyond the law: Brush with infamy

 Karin Derkley May 2016

Beechworth solicitor Graeme Bailey enjoys the notoriety attached to the humble solicitor's office in Camp Street.

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Standing up for justice
Standing up for justice

 Karin Derkley May 2016

LCA president-elect Fiona McLeod SC was always attracted to performing. If it wasn’t for a last minute failure of nerve, president-elect of the Law Council of Australia Fiona McLeod SC might have ended up in comedy...

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Call for Targeted CPD for lawyers
Call for Targeted CPD for lawyers

 Carolyn Ford May 2016

Lawyers need to have family violence CPD training, according to the Royal Commission into Family Violence. Education and CPD training in family violence issues for lawyers has been urged by the Royal Commission...

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Bias busting in practice
Bias busting in practice

 Karin Derkley May 2016

Talking about the unconscious biases that influence the way lawyers are recruited and progress is an important step in firms building true diversity. 

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Celebrating 175 years of legal history
Celebrating 175 years of legal history

 Carolyn Ford May 2016

A new book lifts the lid on the early years of Victoria's highest court. 

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Where the states stand
Where the states stand

 Compiled by Karin Derkley May 2016

What do law societies around the country say about technology, engaging with Asia, and the over-supply of law graduates? We asked the CEOs in the second of this two part series.

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Let Them Stay campaign a success
Let Them Stay campaign a success

 Daniel Webb May 2016

Pro bono support from the legal profession has been crucial in keeping 267 asylum seekers here.

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Chief Judge Michael Rozenes
Chief Judge Michael Rozenes

 Michael Rozenes May 2016

Retired Chief Judge of the County Court of Victoria Michael Rozenes was farewelled at a ceremony on 18 March. Among the speakers was LIV president Steven Sapountsis. This is an edited version of his speech.

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Investigation manager retires
Investigation manager retires

 Law Institute Journal May 2016

Identifying potentially suspect transactions requires a “critical mind” that is helped by years of experience, according to Jolyon Dunn, who retired in April as manager, Investigations/Inspections at the LIV.

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May LIJ Flipbook
May LIJ Flipbook

 Law Institute Journal May 2016

Read this month's issue of the LIJ as an online flipbook. Legal features include, 'Battleground of Claims - The future of financial advice reforms', ‘In the face of terror’ and more.

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April LIJ flipbook
April LIJ flipbook

 Law Institute Journal Apr 2016

Read this month's issue of the LIJ as an online flipbook. Legal features include, 'The paramount duty', ‘Contingency fees’ and more.

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Legal action: On the move

 Law Institute Journal Apr 2016

New job? New location? New staff?

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Flexibility: Work in progress

 Annemarie Gambera Apr 2016

Practitioners reveal how they balance the demands of their professional and personal lives.

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Books
Books

 LIV Bookshop May 2016

This month's books cover drug laws, higher education and the law, preventive detention, public law, professional liability and the Sale of Land Act.

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LIV Library
LIV Library

 LIV Library May 2016

LIV members may borrow library material for 14 days, with a one week renewal available unless reserved by a member. Items can be collected from the library, posted or sent via DX free of charge. Material including...

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Ethics: Laundering character stains
Ethics: Laundering character stains

 Gino Dal Pont May 2016

There is scope for a redemptive approach to pre-admission misbehaviour. My previous column (March LIJ) suggested that good character – which underscores not only admission... 

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Ethics Committee rulings: Relative protocol
Ethics Committee rulings: Relative protocol

 LIV Ethics Committee May 2016

Ethical dilemmas are part of everyday practice for solicitors. The LIV Ethics Committee is available to help.

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LPLC: Failing to plan is planning to fail
LPLC: Failing to plan is planning to fail

 Legal Practitioners' Liability Committee May 2016

Practitioners need to be proactive from the outset in litigation matters.

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National Law Reform: Freedoms under review
National Law Reform: Freedoms under review

 Law Institute Journal May 2016

The ALRC's freedoms inquiry report considers possible improvements to how laws are scrutinised by government agencies...

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Victorian law reform: Law in the 21st century
Victorian law reform: Law in the 21st century

 The Hon Philip Cummins May 2016

Law reform agencies gathered to discuss their role at a biennial conference in March. 

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Property: Cooling off
Property: Cooling off

 Russell Cocks May 2016

An estate agent is not an agent for the purpose of receiving a cooling off notice.

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Pro bono: Healthy partnerships thrive
Pro bono: Healthy partnerships thrive

 Lauren Adamson May 2016

The contribution of pro bono lawyers has been critical for clients of many health justice partnership services.

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0

Technology: Keeping up with FOI
Technology: Keeping up with FOI

 Peter Gannoni May 2016

It is time to review Victoria's freedom of information legislation.

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Social justice: How to make a difference
Social justice: How to make a difference

 Linda Rayment May 2016

This is the first of a regular column  contributed by LIV Young Lawyers.

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Practice management: Unbundling
Practice management: Unbundling

 David Whiting May 2016

In an era of increasing specialisation there are opportunities for lawyers who identify a market niche for their specific skills.

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According to Merit?: Revenge porn and the law
According to Merit?: Revenge porn and the law

 Amy Johnstone and Sophie Brown May 2016

As access to technology has increased, so too has the use of technology such as social media to perpetrate violence against women. The law is catching up. 

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Work in progress
Work in progress

 Emily Gendall May 2016

Practitioners reveal how they balance the demands of their professional and personal lives.

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0

Legal action: On the move
Legal action: On the move

 Law Institute Journal May 2016

New Job?
New Location?
New Staff?

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0

New admissions
New admissions

 Law Institute Journal May 2016

The following people were admitted to practice as Australian lawyers and as officers of the Supreme Court of Victoria on 22 March 2016. The LIJ welcomes them to the legal profession.

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Mentoring Q & A
Mentoring Q & A

 Pia White and Dominique Saunders May 2016

Being a mentor is one way I can give back to the legal profession.

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0

7 habits of highly effective lawyers
7 habits of highly effective lawyers

 Sharn Coombes May 2016

Keep your work fresh and harness new ideas.

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Your career: Taking the plunge
Your career: Taking the plunge

 Thomas Hobbs May 2016

Thinking of leaving private practice? It pays to be well-informed about your options.

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LIV Advocacy
LIV Advocacy

 Law Institute Journal May 2016

LIV members offer their commitment, diversity and expertise to promote justice for all, advancing social and public welfare, education and public confidence in the legal profession. People in need of legal help are directed to the LIV's Find Your Lawyer Referral Service - call 9607 9550, 9.30am - 5pm, Monday to Friday.

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Technology in mediation

 Nussen Ainsworth and Meghann Clark Apr 2016

While technology will not replace the role of the mediator, there are technological tools that practitioners can use to support their existing practice.  

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The merit of NPV

 Alexandra Fogarty Apr 2016

Monetary and other costs will have a major influence on whether to settle for a discounted amount at mediation. A simple net present value formula can help with the decision-making. 

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Contingency fees: Call for ban to be lifted

 Karin Derkley Apr 2016

The LIV argues allowing lawyers to enter into contingency fee arrangements with their clients would help address access to justice. 

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0

Detention: Letter to PM

 Carolyn Ford Apr 2016

Lawyers have accused the government of warehousing asylum seekers and obstructing justice. 

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0

CEO Round up: Where the states stand

 Compiled by Karin Derkley Apr 2016

What do law societies around the country say about some of the most important issues facing the legal profession today? We asked the CEOs in the first of a two-part series. 

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Opinion: Better outcomes for children

 Kylie Beckhouse Apr 2016

Independent Children's Lawyers are getting more resources to help those at the centre of family law disputes - the children.

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Welcome: Magistrates Megan Aumair and Tim Gattuso

 Law Institute Journal Apr 2016

Magistrates Megan Aumair and Tim Gattuso were welcomed to the Magistrates' Court of Victoria on 8 February 2016. Among the speakers was LIV president Steven Sapountsis. These are edited versions of his speeches.

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Supreme court: First among lawyers

 Carolyn Ford Apr 2016

As part of the Supreme Court's 175th anniversary celebrations this month, Victoria's first solicitor will be honoured. 

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PC Renewals: Time to renew your PC

 Law Institute Journal Apr 2016

Renewing your practising certificate for 2016-17 is easy to do online. 

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YLJ now online

 Law Institute Victoria Apr 2016

The Young Lawyers Journal (YLJ) is going digital – and quarterly. Starting this month, the YLJ will be emailed to YL members as an interactive flipbook four times a year.

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New children's commissioner

 Law Institute Victoria Apr 2016

Victoria’s new Commissioner for Children and Young People Liana Buchanan will have responsibility for a new reportable conduct scheme in Victoria to improve child safety.

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Blue sky opportunity

 Law Institute Journal Apr 2016

Chief Justice Marilyn Warren forecasts more class actions, expansion of ADR and tribunal jurisdictions, greater judicial control and transformation of the courts by technology in the future.

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100-plus ways to improve A2J

 Law Institute Journal Apr 2016

The LIV has identified 104 ways to help deliver access to justice for Victorians including online dispute resolution, contingency fees, legal expense insurance and fixed prices.

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Commonwealth Law Conference

 Law Institute Journal Apr 2016

The 20th Commonwealth Law Conference is to be held 19-23 March 2017 and will be hosted by the LIV.

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Chief Crown Prosecutor on CCOs

 Law Institute Journal Apr 2016

Chief Crown Prosecutor Gavin Silbert QC has been reported saying community corrections orders (CCOs), introduced by the previous state government to replace suspended sentences, don’t work and immediate law reform is needed.

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Unlocking thinking on prisons
Unlocking thinking on prisons

 Law Institute Journal Apr 2016

With each prisoner costing $100,000 a year to incarcerate, and 99 per cent of prisoners eventually being released from prison, many to reoffend, new thinking is needed about how to deal with offenders, a forum held by the Centre for Innovative Justice at RMIT was told in February.

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Beyond the law: Ebbs and flows

 Karin Derkley Apr 2016

Last year saw the beginning of a new career for Anna Wilson and the acknowledgment that another had ended. On 30 April she signed the Bar Roll after practising as a solicitor for 10 years. In November she was inducted into the Australian Cycling Hall of Fame – an honour granted only to those who have permanently retired from the sport after a career of high achievement.

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Wellbeing: On a high note

 Rebecca Pugh Apr 2016

Unleashing your creative side can have a surprisingly therapeutic effect.

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