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LIJ April 2004
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Cover Story
Privacy in the limelight
The debate over who controls "public image" and "personality rights" is growing. A landmark Queensland civil judgment provides a solid indication that Australian courts are now prepared to recognise a tort of privacy that poses a threat to the media.
By Stuart Gibson
Cover story
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Feature Articles
| Liability |
Accessorial liability for breach of a fiduciary duty: an update 
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Victorian practitioners should not follow recent English cases in applying a compound test to determine liability as an accessory to a breach of fiduciary duty. Instead, they should apply the test in Consul Developments Pty Ltd v DPC Estates Pty Ltd.
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| By Hamish Redd |
| Employers' liability |
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After-hours conduct
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An employer can discipline an employee for after-hours conduct that is directly linked to employment and which has a serious and significant effect on the workplace or damages the employer's interests.
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| By Mary-Jane Ierodiaconou |
| bankruptcy |
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Bankruptcy without a bankruptcy notice
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A summons for oral examination is a useful means of obtaining a clear, unambiguous statement from debtors that they intend to suspend payment of their debts.
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| By Ian Caudwell |
| Caveats |
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Removal of caveats – the possibilities
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A couple of procedures are available to a registered proprietor of land who wishes to remove a caveat from their title. Careful thought needs to be given to the best approach.
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| By Andrew Kirby |
| Service |
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Service of proceedings overseas
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A number of obstacles await a would-be plaintiff seeking to commence proceedings in the Victorian Supreme Court against a defendant based overseas.
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| By Justin Castelan |
| Sentencing |
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The evolution of sentencing
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The welcome addition of the Sentencing Advisory Council to the Victorian criminal justice landscape opens the way for Victorian sentencing law and practice to become a more socially acceptable, constructive and forensic practice.
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| By Professor Mirko Bagaric and Richard Edney |
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