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LIJ April 2014

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Cover Story

Lest we forget

To mark the centenary of the start of World War I, the Victorian Supreme Court, in recognition of the lawyers who joined the Allied effort, is launching an online project to tell their stories. 

By Carolyn Ford


Feature Articles

No finders keepers: When Privileged Documents are Discovered by Mistake


No finders keepers: When Privileged Documents are Discovered by Mistake

The High Court has found that courts should ordinarily permit the return of privileged documents that are inadvertently produced – and that disputes over such peripheral issues should be rare. 

By Peter Sise

Mind your language


Mind your language

Those who interpret commercial documents must pay attention to the language used by the parties, the commercial circumstances the document addresses and the objects which it is intended to secure. 

By Michael Symons

War of the words: The new meaning of substantial miscarriage of justice


War of the words: The new meaning of substantial miscarriage of justice

The recent decision of the High Court in Baini v The Queen brings about a new and seemingly more appellant-friendly test for appeals against conviction in Victoria. 

By Theo Alexander and Dimitri Ternovski

One question, two answers


One question, two answers

The question of whether a lawyer may act against a former client has resulted in markedly different approaches in Victoria and New South Wales.

By Richard Fleming

Conflicts of interest: Recognising and Avoiding


Conflicts of interest: Recognising and Avoiding

Avoiding a conflict of interest is an ethical obligation, a breach of which can lead to serious disciplinary consequences or to a lawyer being restrained from acting.

By David Morgan

Dealing with a self-represented litigant


Dealing with a self-represented litigant

The rise of lay advocates presents new challenges to courts, lawyers, clients and the right to a fair trial. 

By Michelle Sharpe


Publications Department

(for LIJ (Law Institute Journal) and LIV Directory and Diary inquiries only) Tel:(61 3) 9607 9319 Fax:(61 3) 9607 9451 Email: Managing editor: Carolyn Ford. Sub-editor/publications coordinator: Mary Kerley. Journalist: Karin Derkley. Sub-editor/proofreader: Libby Brown. Art director: Katherine Alexander. Editorial & administrative assistant: Sophie Suelzle. Advertising: Lisa Crowle.


Editorial committee

Chair: Gerry Bean Members:  Tony Burke, Geoff Gronow, Melissa Macken, Chris Molnar, Cameron Ross and Carolyn Ford.


Editorial policy

All contributions and letters to the editor to be addressed to: Managing editor, Carolyn Ford, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001. Tel: (61 3) 9607 9319. Mob: 0406 004 935. Fax: (61 3) 9607 9451. Email: 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.

CAB audit logoLIJ (Law Institute Journal) circulation September 2014 12,785 - CAB audited.

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