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LIJ May 2014

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Cover Story

The highest of the high rollers

Harry Kakavas, a high roller and problem gambler, sued Crown Melbourne to recover gambling losses. His claim was based on alleged unconscionable conduct. In a unanimous decision the High Court ruled that, in order to succeed, Mr Kakavas must establish that he was unable to make a rational decision not to gamble, and further that Crown must have unfairly exploited or victimised him. His claim was unsuccessful. 

By John Tesarsch


Feature Articles

Penalties skyrocket


Penalties skyrocket

Once, a letter from the employment regulator could be disregarded with little threat of legal action. Now, a letter from the Office of the Fair Work Ombudsman must be dealt with seriously and expeditiously. 

By Larissa Andelman

Land rights


Land rights

Neighbours often want to object when there is a proposal to remove or vary a restrictive covenant over nearby land. Their entitlement to do so is another matter. 

By Rob Bradley and David P Lloyd

Gender equality: The employer's obligation


Gender equality: The employer's obligation

Recent legislative changes in the area of workplace gender equality mean greater obligations for employers under the new reporting framework and the anticipated expansion of those obligations over time. 

By Julie White & Kirsten Westlake

Relationship  no longer  conquers all: The diminishing role of the rebuttable presumptions


Relationship no longer conquers all: The diminishing role of the rebuttable presumptions

Clarifying a 2002 High Court decision, a recent Federal Court finding should lay to rest the predominant role played by rebuttable presumptions in determining intention to create legal relations. 

By Daniel Khoury

A fair share of the blame: An updated view of proportionate liability legislation


A fair share of the blame: An updated view of proportionate liability legislation

A recent High Court decision gives direction on whether a person who causes loss or damage may be entitled to have their liability limited by operation of proportionate liability legislation. 

By Andrew P Downie

A tribute to attributes


A tribute to attributes

Lawyers – and judges – need certain qualities to work efficiently and effectively both inside and outside the courtroom. Justice Emilios Kyrou canvasses some of them.

By Justice Emilios Kyrou


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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