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LIJ December 2005

Cover Story

Men in tight financial situations: litigation funding in the 21st century

Traditional concerns with maintenance and champerty are being eroded as the business of litigation funding by non-parties for profit receives encouragement from recent court decisions.

By Jamie Richardson and Michael O’Brien

Feature Articles

A moral duty to resolve: making sense of family provision in Victoria
The issue of whether “moral duty” must be demonstrated by applicants in family provision cases continues to generate uncertainty.
By James McConvill and Victoria Lambropoulos
Avoidance under the Duties Act
Anti-avoidance provisions have been included in the Duties Act. There is considerable uncertainty about when they can be applied and the type of liability to which they give rise.
By Chris Furnell
Camel by committee: an insight into oversight of Victoria police
The state government’s ad hoc approach to the overseeing of Victoria Police, including the formation of the Office of Police Integrity one year ago, has resulted in a plethora of newly-created institutions with power to oversee various aspects of policing in the state. The danger from such a fractured approach is ineffective accountability.
By Colleen Lewis
East Timor – “crimes against humanity” trials on our doorstep
The Special Panel of the Dili District Court in Australia’s near neighbour, East Timor, has been set up to try those accused of “crimes against humanity”. The experiment has had mixed success.
By Martin Clutterbuck
Examining New Zealand’s Youth Court
Aspects of the Youth Court system in New Zealand, such as a team approach to youth welfare, afford useful insights for practitioners working within the juvenile justice system in Victoria.
By Liz Curran
Recovery of damages for negligently inflicted psychiatric injury: where are we now?
Recent provisions inserted into the Wrongs Act 1958 have affected the common law right to claim damages for psychiatric injury suffered as a result of negligence.
By Harold Luntz
The un-erasable ledger: revisiting Comcare “cease effects” decisions
Practitioners should review past matters where the AAT has affirmed a cease effects decision or a decision to deny a s14 claim at a time after an earlier s14 acceptance.
By David Richards

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Publications Department
(for LIJ (Law Institute Journal) and LIV Directory and Diary inquiries only) Tel:(61 3) 9607 9339 Fax:(61 3) 9607 9451 Email: mpaskos@liv.asn.au Managing editor: Mick Paskos. Sub-editor/publications coordinator: Mary Kerley. Sub-editor/proofreader: Maureen O’Keefe. Art director: Katherine Alexander. Editorial & administrative assistant: Anna Oesten-Creasey. Journalist: Jason Gregory. Advertising manager: Greg Cooper. Advertising coordinator: Lauren Taylor.

Editorial Committee
Chair: Bruce Pippett. Secretary: Jason Gregory. Members: Geoff Gronow, Mary-Jane Ierodiaconou, Melissa Macken, Chris Molnar, Mark Woods, Conor O’Brien, Cameron Ross, Tony Burke & Mick Paskos.

Editorial policy
All contributions and letters to the editor to be addressed to: Managing Editor, Mick Paskos, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001. Tel: (61 3) 9607 9319. Mob: 0412 201 044. Fax: (61 3) 9607 9451. Email: mpaskos@liv.asn.au. Views expressed by contributors are not necessarily endorsed by the Law Institute of Victoria. No responsibility is accepted by the Institute, the editor or the printers for the accuracy of information contained in the text and advertisements.

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