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LIJ December 2011

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Cover Story

Feeling combative? Let's dance

Dispute avoidance processes (DAPs) are used on major projects to resolve conflicts that might otherwise escalate into litigation. 

By Dr Paula Gerber and Brennan Ong

DISPUTE RESOLUTION

Feature Articles

Best and Brightest

Best and Brightest

The 2011 LIV Legal Awards recognised great achievements by Victorian lawyers.

By Jason Gregory

Competing contracts?

SHAREHOLDERS

Competing contracts?

The issue of whether a shareholder agreement can take precedence over a company's constitution has implications for lenders with security interests over shares. 

By Michael Duffy

Costs orders in TFM proceedings

COSTS

Costs orders in TFM proceedings

The regime governing costs in testator's family maintenance (TFM) litigation differs from that governing ordinary civil litigation both for plaintiffs, whether successful or not, and defendants. 

By Philip Barton

Funding the fight

COSTS

Funding the fight

A party's ability to obtain orders for payment of legal costs by the opposing party in family law matters will depend on the specific statutory power governing the order sought. 

By Jacqueline Campbell

The  balancing act: sexual assault and the justice system

SEXUAL ASSAULT

The balancing act: sexual assault and the justice system

When discussing sexual assault, the balance between the rights of complainant and accused, inebriation as a contributing factor and causes of under-reporting all need to be considered. 

By Ruth Parker

The Ripple Effect

ECONOMIC LOSS

The Ripple Effect

The degree of remoteness or reasonable foreseeability of an economic loss is a major component in determining liability for the loss.

By David Seeman

 



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: CFord@liv.asn.au 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: CFord@liv.asn.au. 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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