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LIJ September 2014

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Cover Story

State election 2014: The parties respond to the LIV

The LIV is campaigning for 10 key justice issues to be addressed by the political parties in the lead up to the November poll. 

By Law Institute Journal

Feature Articles

Strengthening the foundations


Strengthening the foundations

The VCAT Amendment Act aims to strengthen VCAT and enable it to increase efficiencies and provide a higher level of service to the Victorian community. 

By Justice Greg Garde

Null and void: Can VCAT reconsider its own decisions?


Null and void: Can VCAT reconsider its own decisions?

In 2002 the High Court held that a tribunal may reconsider its final orders, but the Victorian Court of Appeal recently cast this principle into doubt. 

By Bill Swannie

Vexing claims curbed


Vexing claims curbed

The Vexatious Proceedings Act 2014 will manage all types of vexatious litigation in Victoria, ensuring that resources can be better allocated to meritorious claims. 

By Sophie Halewood

The principles of propriety


The principles of propriety

What implications does the Civil Procedure Act 2010 pose for the Crown's model litigant obligations?  

By Brian Mason

Specific is safer: Navigating the unsettled terrain  of consequential loss


Specific is safer: Navigating the unsettled terrain of consequential loss

A recent Western Australian Supreme Court case has rejected the approach by the Victorian Court of Appeal to the interpretation of "consequential loss", creating further uncertainty in this important area.  

By Cameron Ross and James Ward

Powering ahead? The future for wind farms


Powering ahead? The future for wind farms

Recent VCAT decisions in relation to wind farms highlight the implications of changes to the Victoria Planning Provisions, particularly with regard to health impacts and local community support.

By Eliza Bergin

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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