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LIJ June 2003

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LIJ June 2003

Cover Story

Cover Story

Occupational health and safety – employer duties to non-employees
Employers should be aware that their duty to ensure safety may extend beyond the workplace and include not only employees but also independent contractors, emergency services personnel and the general public.

By Stan Krpan

Cover Story

Feature Articles

Taxation

Discretionary trusts and the $5 million tax time bomb
Most discretionary trusts are quietly ticking away, threatening to explode, following a recent interpretative decision by the Australian Tax Office.

By Robert Warnock

Jurisdiction
Which court? – choices in Victorian civil litigation 
Contract or misrepresentation cases can be heard in six possible venues, which can make it difficult to know where to proceed.
By Philip H Barton and Alan Vassie

Debt

Garnish of debts in the Supreme Court
While the garnish of debt is common in the Magistrates' Court, proceedings to garnish or "attach" debt in the Supreme Court are now rare. Yet this process of satisfying judgment debts is effective and efficient.

By Dr Paul Vout and Michael Nolan

Pleas
Icing on the cake: the role of remorse in guilty pleas 
The judicial dilemma of balancing equitable sentencing for defendants who exercise their right to plead not guilty with mitigation of sentence for those, remorseful or not, who plead guilty has not been resolved.
By Sarah Gaden

Conference

Navigating your way through a successful conference
Firms should understand why they plan to hold a conference before expending time, expense and effort in organising the event.

By Simon Tupman and Ed Bernacki

Briefs

  • LIV ethics group holds first meeting
  • A-G bounces check idea
  • Acknowledge victim statements: Chief Justice
  • Sentencing reforms passed
  • Court widens its workplace family
  • Arnold Bloch Leibler celebrates 50th anniversary
  • News

  • On solid foundations
  • Shedding light on the darkest corners – the 13th Commonwealth Law Conference
  • The State of the Judicature
  • Welcome Justice Stuart Morris
  • Welcome Judge Roy Punshon
  • Welcome Judge Wendy Wilmoth
  • Every Issue

  • Member Services
  • From the President : A civil role
  • Penalty Interest Rate
  • Pro bono : Starting early
  • Practice Notes
  • Ethics Committee rulings
  • Legal action
  • From the CEO : Insuring certainty
  • With all due respect? Hulls’ cull unhitches witches
  • Institute update
  • Conferences
  • Unsolicited
  • insites (web)
  • I.T. in practice : A market for data
  • Reviews of judgments
  • Tax issues : Duty on “things you can’t see”
  • Legislation Update
  • Human resources : Mentoring ahead
  • Ethics : Disclosure of an uncomfortable history
  • According to merit? : Rape – a global issue
  • Law Institute advocacy
  • inreference (articles)
  • VLRC : Victims’ concerns heard
  • inprint (books)
  • ALRC : Safe and secure
  • New admissions
  • Comments




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