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LIJ (Law Institute Journal)

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LIJ December 2011 edition

Cover Story

Feeling combative? Let's dance

Dispute avoidance processes (DAPs) are used on major projects to resolve conflicts that might otherwise escalate into litigation. 

By Dr Paula Gerber and Brennan Ong

DISPUTE RESOLUTION

Feature Articles

Best and Brightest
The 2011 LIV Legal Awards recognised great achievements by Victorian lawyers.
By Jason Gregory
SHAREHOLDERS
Competing contracts?
The issue of whether a shareholder agreement can take precedence over a company's constitution has implications for lenders with security interests over shares. 
By Michael Duffy
COSTS
Costs orders in TFM proceedings
The regime governing costs in testator's family maintenance (TFM) litigation differs from that governing ordinary civil litigation both for plaintiffs, whether successful or not, and defendants. 
By Philip Barton
COSTS
Funding the fight
A party's ability to obtain orders for payment of legal costs by the opposing party in family law matters will depend on the specific statutory power governing the order sought. 
By Jacqueline Campbell
SEXUAL ASSAULT
The balancing act: sexual assault and the justice system
When discussing sexual assault, the balance between the rights of complainant and accused, inebriation as a contributing factor and causes of under-reporting all need to be considered. 
By Ruth Parker
ECONOMIC LOSS
The Ripple Effect
The degree of remoteness or reasonable foreseeability of an economic loss is a major component in determining liability for the loss.
By David Seeman



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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