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LIJ July 2007

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Cover Story

I didn’t order this! - The effects of misconstruing written contracts
Australian courts are divided on whether subsequent conduct can be used to construe the terms of a contract.

By Dr Michelle Sharpe

Cover Story

Feature Articles

Restrictive Covenants

Building a strong case
A recent decision has shown the value in s84 applications of providing the court with specific evidence of development plans and their likely impact on the neighbourhood.

By Jonathan Tisher and Paula Cumbo

Human Rights

Charter of Human Rights: More punch than expected?
Instead of impacting on the law in a secondary manner, the rights enshrined in Victoria’s Charter of Human Rights may have a legal force of their own.

By Professor Mirko Bagaric and Peter Faris QC


Hero for our time
Robert Kennedy is the “right sort of hero”, County Court Judge Tony Howard told the Monash University’s Faculty of Law graduates at a ceremony on 29 March.


Left with the bill
Complainants in discrimination cases need to consider the costs consequences when deciding between the federal and state jurisdictions.

By Sarah Rey and Caitlin Moor

Confidential Information

Naming names and the public domain
The AFL Drugs case warns lawyers that limited dissemination of confidential information does not always mean it has become public property.

By Andrew Scott and Jonathan Elliot

Small Business

Sheltering small business
The Small Business Commissioner offers protection to small businesses at risk of being taken advantage of because of their size.

By Mark Brennan

Investment Schemes

Through the small door
For small investment schemes, the licensing regime exceptions offered by the Corporations Act may be a cost-effective alternative to obtaining an AFS licence.

By John Munro


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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