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LIJ October 2009

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Cover Story

Tapping into uncertainty: Rural groundwater licence disputes

A growing number of disputes about the grant of groundwater licences by rural water authorities has illuminated the increasing legal complexities of an erstwhile simple procedure.

By Robert Sadler

water resources

Feature Articles

As the court wills

wills and estates

As the court wills

The Wills Act 1997 (Vic) enables the Supreme Court to make, amend or revoke a will on behalf of people who are deceased or who cannot do so themselves. This provides certainty when people are unable to manage their own affairs.

By Matthew Groves

Can prior admissions come back to bite?


Can prior admissions come back to bite?

Whether admissions made by a party in pleadings in one proceeding can be used as admissions against them in another is a question of fact in the circumstances, according to a Federal Court decision.

By Michael Wise

Compensation Applications require a watching brief

victim's compensation

Compensation Applications require a watching brief

Under the Sentencing Act 1991, victims of crime can seek compensation directly from offenders. Practitioners need to ensure that sufficient assets exist to make an application worthwhile, and also safeguard relevant assets from being dissipated.

By Ian Freckelton SC

Due process: Clarifying fee recovery

owner's corporations

Due process: Clarifying fee recovery

Although the Owners Corporations Act 2006 has led to greater accountability of owners corporations and greater transparency in dispute resolution procedures, there are real problems with fee recovery action.

By Anthony Wilkinson

Making visible the problem of invisibility

indigenous people; human rights

Making visible the problem of invisibility

Difficulties experienced by Indigenous people in proving their identity or obtaining a birth certificate may in part be remedied through using the Victorian Charter of Human Rights and Responsibilities.

By Dr Paula Gerber

Rebuilding workplace rights

workplace regulation

Rebuilding workplace rights

The broader protection of employees' workplace rights under the Fair Work Act 2009 will offer much more scope for injunctive action.

By Alex Manos


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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