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LIJ May 2011 Issue
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Cover Story
Working through the pain personal injury special issue
Personal injury law has undergone major and all too frequent changes in the past decade. This LIJ special issue on the topic is a welcome and timely contribution to our understanding of this important area of law.
By LIV accredited specialists
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Feature Articles
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Balanced approach to pain and suffering
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New Victorian Court of Appeal decisions on the pain and suffering serious injury test provide guidance to practitioners in this unpredictable area of practice.
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| By Kim Shaw |
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Beneficial knowledge
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When advising injured clients, it is essential for personal injury lawyers to be up to date with trends, decisions and interpretations about the "no fault" part of the Transport Accident Act.
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| By Michael Lombard |
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Costs in WorkCover: Not broke but fixed
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Claims for costs in litigated WorkCover serious injury applications are now to be determined in accordance with a fixed costs model. This model contains several potential pitfalls for unwary practitioners.
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| By Craig Sidebottom |
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Serious injury? Give credit where it's due
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The definition of "serious injury" has been developed and refined through judgments, but one factor has remained constant: "the credit" of the plaintiff is still the key.
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| By Andrea Tsalamandris and Michael Lombard |
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Up in the air: Contributory negligence confusion
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Employers are obliged to provide a safe system of work which protects employees from injury due to mere inadvertence. However, the line between excusable misjudgement and contributory negligence is often unclear.
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| By Emily Anderson |
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Waiting for compensation clarity
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Commonwealth workers' compensation cases and legislative changes have created uncertainties for those most vulnerable in the workforce.
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| By Damian Clarke |
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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.
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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.
LIJ (Law Institute Journal) circulation 12,606 - CAB audited.