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LIJ Jan/Feb 2012

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Cover Story

Cleaning up in court: Commercial litigation Special Issue

By LIV Accredited Specialists

Feature Articles

A long and winding road


A long and winding road

Terminating the winding up of a company can sometimes be in the best interests of creditors and shareholders. But the statutory provisions offer no guidance on what the courts take into account when terminating a  winding up.

By David Brett

Developing a preference


Developing a preference
The law on unfair preference claims in insolvency continues  to evolve. Practitioners should watch developments.  

By Amy Sheggerud Woods

Questionable conduct: Do rights always exist?


Questionable conduct: Do rights always exist?
Breach of contract, even if intentional, does not necessarily mean that the breach constitutes unconscionable conduct or that accessory liability can be proved.

By Philip Colman

A harbour too safe


A harbour too safe
When instituting legal proceedings on behalf of clients against media entities,  familiarity with the media safe harbour provisions is critical. 

By Stuart Gibson

Admitting  the expert


Admitting the expert
Lawyers who brief experts to present evidence on behalf of clients need to follow strict procedures to ensure the evidence is admissible.

By Lance Guymer

Let's be reasonable: Effective Calderbank offers


Let's be reasonable: Effective Calderbank offers
Unreasonable rejection of a Calderbank offer risks an adverse costs order, but the offer must itself be reasonable and allow the offeree time to consider it and to assess their chances of success.

By Nigel Watson

Looking for greener grass


Looking for greener grass
Personal injury litigants should examine interstate or international jurisdictions  in case another law offers something more favourable. 

By Dimitri Ternovski and Nawaar Hassan


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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