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Cover Story

Let the sentence fit the crime

Family violence is endemic in Victoria. In recent cases the Court of Appeal has provided guidance on sentencing offenders.

By Katherine Farrell


Feature Articles

Misbehaving employees


Misbehaving employees

There is a disconformity in the approaches that appellate courts have taken to the question of whether an employer is entitled to avoid an obligation to make termination payments to an employee on the basis of misconduct discovered after termination.

By Karan Raghavan

An appealing change


An appealing change

As a result of recent legislative changes, leave is now required to appeal against most final and interlocutory decisions in Victoria's civil jurisdiction. This article discusses the new appeals regime and explores the context in which it arose. by 

By Cameron Charnley

What's the damage?


What's the damage?

Assessing potential pain and suffering damages can be tricky. One useful strategy is to refer to awards in comparable cases to derive a norm or standard.

By Oliver Lesage

Lawyers facing client supervening incapacity Part II


Lawyers facing client supervening incapacity Part II

This article discusses the extent to which lawyers can act unilaterally in the face of client supervening incapacity. It is the second of two parts. 

By Gino Dal Pont and Anita Smith

Act is a remedy, not a weapon


Act is a remedy, not a weapon

The Civil Procedure Act 2010 (Vic) imposes overarching obligations on all those engaging in civil litigation in Victoria. This article examines the content the Supreme Court has given those obligations in recent cases. 

By David J O'Callaghan QC and Christopher J Tran

President and CEO



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: 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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