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LIJ April 2003

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LIJ April 2003

Cover Story

Cover Story

The protection of human rights – time to re-open the debate
Australia has played an important part in the development of international human rights law, but is now lagging behind and failing to honour its treaty obligations. It needs a systematic legal regime to protect human rights and to provide remedies if they are breached, including by governments.

By Dominique Saunders and Jamie Gardiner

Cover Story

Feature Articles

Contract law

Quarantining negligence
The Court of Appeal decision of National Australia Bank Ltd v Nemur Varity Pty Ltd reflects a judicial policy of quarantining certain areas of the law from the reach of negligence, adding the contractual relationship of banker and customer – and potentially all contractual relationships – to the list of “protected” areas.

By Dr Paul Vout

The right words 
A mistake between parties may result in the wrong words being used in a document to describe their common intention, or it may result in the words, although correctly chosen to express their common intention, not having the meaning or effect assumed by the parties. The rectification of a document, so as to give effect to the true intention of the parties, responds only to the former case.
By Andrew Kincaid

Workplace regulation

Section 170JD – the Lazarus lifeline
An unfair dismissal case has elevated s170JD of the Workplace Relations Act from a mere "tidying up" provision to a full-blown second avenue of appeal for an aggrieved employee. It can apply long after the time for an appeal has passed and, once invoked, is quicker and cheaper.

By Alan Hands and Dr Peter Freckleton

Latest drink-driving defences 
Sentencing discretion as to licence cancellation is so restricted that the vast majority of motorists must lose their licence if a drink-driving charge is proved. Accordingly, many defendants will consider contesting these charges. Here are some of the latest drink-driving defences agitated at the Court of Appeal or Supreme Court in 2002.
By Warwick J Walsh-Buckley

Primary industry

Primary industries levies: solicitors beware!
Changes to the Primary Industries (Levies and Charges Collection) Act place solicitors in the position of de facto levy collectors for the Depart-ment of Agriculture, Fisheries and Forestry.

By Robyn Trigge and Kirsty Bennett

International Criminal Court
The International Criminal Court has its first judges 
The International Criminal Court's 18 judges have been selected and the Court inaugurated in a ceremony at The Hague last month.
By Paula Gerber


  • Profession attacks legal aid screening
  • First Koori Court in Melbourne opened
  • Watch thy neighbour
  • Court lodgments rise: report
  • Decision delayed on legal aid money
  • LIV unveils legal learning centre
  • Justice Brooking resigns from CLE centre
  • Indigenous treaty plan
  • News

  • The trials of sex assault victims
  • Crisis? What crisis?
  • LIV launches ethics program
  • Legal leaders attend LIV Council Conference
  • New education program for specialists
  • Spreading the word
  • Farewell Justice Barry Beach
  • Obituary : Kenneth Wallace Anderson (17/12/1944 – 02/02/2003)
  • Every Issue

  • Law Institute advocacy
  • inreference (articles)
  • From the President : Last link in the chain
  • With All Due Respect? What next? A hot tub?
  • VLRC : Longman warnings under scrutiny
  • Unsolicited
  • inprint (books)
  • According to Merit? : In the public interest
  • Legislation Update
  • Ethics : Safe employment for corporate counsel
  • Legal Action
  • From the CEO : Value for money
  • insites (web)
  • ALRC : Principled regulation
  • Reviews of judgments
  • Tax issues : Crackdown on duty avoidance
  • I.T. in practice : A winning strategy
  • Practice Notes
  • Ethics Committee rulings
  • Institute Update
  • Penalty Interest Rate
  • Pro Bono : Travelling in a different direction
  • Conferences
  • Human resources : Turn and turn about
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