LIJ May 2013
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Cover Story
Still not a court: Limitations to VCAT's expanded jurisdiction
The new Australian Consumer Law and the Australian Consumer Law and Fair Trading Act 2012 have augmented VCAT's jurisdiction. However, practitioners should be alert to its remaining limitations.
By Michael King
VCAT
Feature Articles
DISABLED PERSONS
Failure by carers to treat persons with disabilities with dignity and respect, and in accordance with their human rights, is serious misconduct and clear grounds for dismissal.
By Brendan Murray
TAX ADVICE
Lawyers who act on the advice of their client's tax agent can end up in hot water if the tax agent's advice was actually legal advice.
By Bernard Marks
LITIGATION FUNDING
We are no further advanced in litigation funding laws than we were in 2006, when the High Court handed down the Fostif decision.
By Jamie Richardson and Steven Foale
OFFERS OF COMPROMISE
Offers of compromise are an important strategic tool in litigation. In formulating an offer of compromise, lawyers face the difficult choice of making an offer under the rules of court or a Calderbank offer.
By Richard Vinciullo
LIABILITIES
The breakdown of a relationship between a trustee and a beneficiary can lead to arrangements for the trustee to accumulate its liability for unpaid present entitlements being ended by the beneficiary.
By Ralph Greenberger
President and CEO
Briefs
News
Every Issue
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.
LIJ (Law Institute Journal) circulation September 2014 12,785 - CAB audited.