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LIJ May 2012

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Cover Story

In A legal tangle
A judicial decision appears to limit the possibilities the Independent Contractors Act offers contractors to review unfair contracts.

By Emma Goodwin


Feature Articles

Yours tweetfully:  social media, employment and the privacy paradox


Yours tweetfully: social media, employment and the privacy paradox
In recent cases employers have sought to dismiss employees based on social media misconduct. These cases have implications across employment law as well as for discrimination and harassment claims.

By Leigh Howard

Building A Bridge


Building A Bridge
The Victorian Civil Procedure Act promotes the timely resolution of litigation. Offers of compromise and Calderbank offers provide flexible options to parties, and may have differing implications for costs.

By Matthew Hicks

Spread the word


Spread the word
Changes to the laws relating to commercial arbitration suggest legal practitioners should now seek to resolve disputes that way, rather than by litigation. 

By Hugh McArdle

Good neighbours:  making and enforcing owners corporation rules


Good neighbours: making and enforcing owners corporation rules
Owners corporations may employ the default model rules of the governing regulations, or make special rules, to control the behaviour of those on the premises.

By Tim Graham

Risking the examination


Risking the examination
Practitioners representing witnesses in Chief Examiner examinations need to be aware of a recent series of judgments to ensure that their clients are properly protected.

By Adam Chernok

Seeing clearly:  Tackling cognitive bias in dispute resolution


Seeing clearly: Tackling cognitive bias in dispute resolution
Parties may unconsciously use conceptual shortcuts to help them navigate the complex territory of a legal dispute. If practitioners recognise these "cognitive biases" , they may help their clients to better outcomes.

By Ilya Furman and Jonathan Kaplan

Intervention orders and personal rights


Intervention orders and personal rights
Given the far-reaching provisions of Victoria's Family Violence Protection Act, practitioners should exercise great care to protect the rights of clients who may be subject to intervention orders under the Act.

By Campbell Horsfall


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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