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LIJ September 2011

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Cover Story

Lost policy? Insurer bears the onus

A High Court decision has clarified that, at least in an indemnity policy, the onus of proving the existence of particular policy exclusions and limitations, including the limit of indemnity, rests on the insurer. 

By Perry Herzfeld

Feature Articles

A question of admissibility

civil proceedings

A question of admissibility

The Civil Procedure Act’s overarching obligations set new standards of conduct in litigation. But can they be enforced in the context of settlement negotiations?

By Richard Vinciullo

At the end of its tether

managed investments

At the end of its tether

It appears that the current state of the law relating to managed investment schemes has almost lost its connection with its foundations.

By Pascal Kasimba

Copyright rests on ice


Copyright rests on ice

Since the High Court’s decision in IceTV, there has been a renewed emphasis in copyright cases on questions of originality and authorship. Recent decisions suggest that copyright holders need to pay attention to evidentiary issues or risk a finding that copyright does not subsist in their works.

By Stephen Rebikoff

Golden handshake weakens its grip

termination payments

Golden handshake weakens its grip

Legal restrictions on the provision of termination benefits to directors and senior executives in Australia have been significantly expanded. Companies now need to tread warily.

By Emma Goodwin and Anna Casellas


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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