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LIJ November 2011 edition
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Cover Story
As the court thinks fit
Specialist tribunals have a broad discretion to determine when and how they will inform themselves, and where they are informed with reliable and probative material they may adopt unique procedures to facilitate relevant decisions.
By David Farrelly and Jeremy Meagher
PROCEDURAL POWERS
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Feature Articles
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| CIRCUMSTANTIAL PRIVILEGE |
Patient or privilege? 
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Whether a statutory decision maker can claim legal professional privilege for a report on an injured worker may depend on the dominant purpose of the report.
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| By Dean Churilov |
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| CIVIL PROCEDURE ACT |
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Procedure with caution
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Summary dismissal procedures are fundamental to the administration of justice, but it is apparent for the immediate future that courts will tend to extreme caution, with the effect that it will be rare for opposed applications to succeed.
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| By Maryanne Loughnan |
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| TRUSTS/TAXATION |
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Tax liability Unlimited
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As a result of a Queensland appeal decision trustees, including executors of deceased estates, may be held personally liable for tax even where they do not control the trust funds.
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| By Vijay Kooblal |
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| GENDER |
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The sex conundrum
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Even under the new Equal Opportunity Act, some people are more equal than others. People who choose to live as neither man nor woman are among those who miss out.
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| By Jason Donnelly |
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| CONSUMER CONTRACTS |
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Unfairness is out
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The new national unfair contract terms regime seeks a balance between providers and consumers, but case law is needed to see if it works.
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| By Andrew Felkel |
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LIJ (Law Institute Journal) circulation 12,606 - CAB audited.