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LIJ August 2013

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Cover Story

Dreyfus v Brandis: Federal election Q & A

In the lead-up to the federal election the LIJ asked federal Attorney-General Mark Dreyfus QC and shadow Attorney-General George Brandis QC where they stand on 10 key issues for the legal profession.



Feature Articles

At the court's discretion


At the court's discretion
The courts have applied a discretionary civil remedy - the declaration of contravention - in relation to allegations of criminal contraventions. 

By Blair Ussher

Clients, capacity and court proceedings


Clients, capacity and court proceedings
A practitioner who believes that a client lacks capacity to adequately instruct in court proceedings has a duty to bring the matter to the attention of the court.

By Katerina Peiros and Christine Smyth

Conceiving  a new paradigm of parentage: Sperm donors and surrogates


Conceiving a new paradigm of parentage: Sperm donors and surrogates

Consideration of changing parenting rights inherent in sperm donor and surrogacy arrangements is necessary if Australian family law is to meet the best interests of all children.

By Liz Kofoed

Criminal jury directions: A new framework


Criminal jury directions: A new framework

Changes to the law governing the information judges give to juries will place more onus on practitioners to argue cases thoroughly and fully at first instance.

By Shaun Ginsbourg

Interviewing with confidence


Interviewing with confidence

When interviewing witnesses, lawyers should be careful not to cause them to breach confidentiality obligations. They should also be careful when advising clients on whether to insist on a confidentiality obligation that a witness owes to the client.

By Peter Sise

New order: Regulating the charitable sector


New order: Regulating the charitable sector
The first national regulator for the not-for-profit and charitable sector, the Australian Charities and Not-for-profits Commission imposes certain key obligations on organisations registered with it.

By Dianne Sisak


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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