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LIJ October 2010

Cover Story

Succession in business: Surmounting barriers to effective planning

To properly advise businesses on planning for the possible death or permanent disability of a business partner, practitioners must understand the structure, insurance needs and potential tax liabilities of the business.

By Cecelia Irvine-So

Business succession

Feature Articles

concurrent liability
Apportioning the blame when things go wrong
The Victorian Court of Appeal has clarified the requirements for a finding of concurrent liability for economic loss or damage to property under Part IVAA of the Wrongs Act 1958.
By Edward C. Liu
medical negligence
Increasing the risk: what chance now for medical negligence?
With loss of chance  currently off the table as a cause of claim following the High Court decision in Tabet v Gett, it is useful to look at alternative approaches.
By Mark W. Richardson
property settlements
Starting all over again limitation periods for property settlements
The Full Court of the Family Court has found that prescribed time limits for property settlements following divorce do not apply to respondents to a parenting dispute.
By Robin Smith
personal injury
Taking pain seriously
The president of the Court of Appeal has provided a summary of the elements of pain and suffering to guide practitioners in calculating the extent of personal injury.
By Michael Lombard and Stella Gold.
contracts of sale
When is a deposit not a deposit? Off the plan sales and prescribed contracts
Practitioners acting for vendors must ensure that contract conditions governing deposits for off the plan sales of apartments have a firm foundation in legislation.
By Bruce Webb, Simone Campbell, Adrian Muller and Bronwyn Reddan

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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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