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LIJ December 2002

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LIJ December 2002

Feature Articles

Family court

Accrued jurisdiction in the Family Court of Australia
The Family Court in Warby has given parties to matrimonial causes and third parties the ability to attach non-federal claims, but there are restrictions to this accrued jurisdiction.

By Clarinda Molyneux QC and Rowan Skinner

Testator’s Family Maintenance: The new reforms at work 
A rash of judgments involving the new testator's family maintenance (TFM) amendments show that applications can fail if court documentation is not properly drawn, or if inadequate material as to the "responsibility" of the testator to the applicant is not provided. However, more reforms can be made to streamline this area of law.
By Richard Cook


“Danger” Sports and the spectre of criminal negligence
Recent incidents of death at motor sport events in Melbourne and New Zealand raise the possibility of negligent sports administrators being dealt with in the criminal jurisdiction.

By Jason Harkess

(building contracts)
Effective determination of building contracts 
Disputes about determination of building contracts are common. There are several issues to be considered when advising or acting in relation to the determination of a building contract.
By Graeme Hellyer

Maritime law

The ship’s cat
Cats once played a valuable role in the sea carriage of goods but by the 19th century their maritime supremacy had been eroded by judicial decisions.

By Ken Aitken


  • Lawyers call for more legal aid
  • Award for children’s lawyer
  • Retired judge honoured at life members’ dinner
  • Stories flow from Murray at Ballarat AGM
  • New home for legal assistance scheme
  • Judiciary gets lecture
  • Students gather to SCRAM
  • US doubts over ICC unfounded: Sir Ninian
  • News

  • Chief Judge leaves his mark
  • Family Court chief calls for Young People’s Commission
  • Men still dominate higher ranks of profession: survey
  • Human rights, technology on conference agenda
  • Welcome to Justice Robert Redlich
  • Welcome to Justice Katharine Williams
  • Welcome to Judge Ross Howie
  • Welcome to Judge Jane Campton
  • Farewell to Judge John Hassett
  • Obituary : Justice Geoffrey Raymond Flatman (07/07/1944 – 18/09/2002)
  • How to be a lawyer and still take a holiday
  • Every Issue

  • From the president : An Institute to be proud of
  • inreference (articles)
  • Law Institute advocacy
  • Ethics Committee rulings
  • Institute Update
  • From the CEO : A vision for the future
  • Tax Issues : What’s in a transfer?
  • I.T. in Practice : Back to basics
  • Letters
  • Ethics : Trust in a trust account
  • Legal Action
  • The new Chief of the County
  • inprint (books)
  • Human Resources : Surviving the “silly season”
  • Reviews of Judgments
  • Pro Bono : Government legal services tenders
  • Conferences
  • Marketing : Know your client
  • Practice Notes
  • VLRC : Family law in spotlight
  • insites (web)
  • According to Merit? : New fodder for an old debate
  • Comments

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