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LIJ January/February 2012 edition
Feature Articles
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| LIQUIDATION |
A long and winding road 
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Terminating the winding up of a company can sometimes be in the best interests of creditors and shareholders. But the statutory provisions offer no guidance on what the courts take into account when terminating a winding up.
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| By David Brett |
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| PREFERENCES |
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Developing a preference
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The law on unfair preference claims in insolvency continues to evolve. Practitioners should watch developments.
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| By Amy Sheggerud Woods |
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| UNCONSCIONABLE CONDUCT |
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Questionable conduct: Do rights always exist?
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Breach of contract, even if intentional, does not necessarily mean that the breach constitutes unconscionable conduct or that accessory liability can be proved.
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| By Philip Colman |
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| MEDIA LAW |
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A harbour too safe
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When instituting legal proceedings on behalf of clients against media entities, familiarity with the media safe harbour provisions is critical.
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| By Stuart Gibson |
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| EXPERT EVIDENCE |
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Admitting the expert
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Lawyers who brief experts to present evidence on behalf of clients need to follow strict procedures to ensure the evidence is admissible.
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| By Lance Guymer |
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| OFFERS OF COMPROMISE |
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Let's be reasonable: Effective Calderbank offers
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Unreasonable rejection of a Calderbank offer risks an adverse costs order, but the offer must itself be reasonable and allow the offeree time to consider it and to assess their chances of success.
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| By Nigel Watson |
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| PERSONAL INJURY |
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Looking for greener grass
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Personal injury litigants should examine interstate or international jurisdictions in case another law offers something more favourable.
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| By Dimitri Ternovski and Nawaar Hassan |
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Managing Editor, Mick Paskos, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001.
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LIJ (Law Institute Journal) circulation 12,606 - CAB audited.