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LIJ September 2011 Issue
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Cover Story
Lost policy? Insurer bears the onus
A High Court decision has clarified that, at least in an indemnity policy, the onus of proving the existence of particular policy exclusions and limitations, including the limit of indemnity, rests on the insurer.
By Perry Herzfeld
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Feature Articles
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| civil proceedings |
A question of admissibility 
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The Civil Procedure Act’s overarching obligations set new standards of conduct in litigation. But can they be enforced in the context of settlement negotiations?
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| By Richard Vinciullo |
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| managed investments |
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At the end of its tether
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It appears that the current state of the law relating to managed investment schemes has almost lost its connection with its foundations.
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| By Pascal Kasimba |
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| copyright |
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Copyright rests on ice
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Since the High Court’s decision in IceTV, there has been a renewed emphasis in copyright cases on questions of originality and authorship. Recent decisions suggest that copyright holders need to pay attention to evidentiary issues or risk a finding that copyright does not subsist in their works.
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| By Stephen Rebikoff |
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| termination payments |
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Golden handshake weakens its grip
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Legal restrictions on the provision of termination benefits to directors and senior executives in Australia have been significantly expanded. Companies now need to tread warily.
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| By Emma Goodwin and Anna Casellas |
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LIJ (Law Institute Journal) circulation 12,606 - CAB audited.