LIJ December 2011 Issue

Cover Story

Feeling combative? Let's dance

Dispute avoidance processes (DAPs) are used on major projects to resolve conflicts that might otherwise escalate into litigation. 

By Dr Paula Gerber and Brennan Ong


Feature Article

Best and Brightest

The 2011 LIV Legal Awards recognised great achievements by Victorian lawyers.

Jason Gregory


Competing contracts?

SHAREHOLDERS

The issue of whether a shareholder agreement can take precedence over a company's constitution has implications for lenders with security interests over shares. 

Michael Duffy


Costs orders in TFM proceedings

COSTS

The regime governing costs in testator's family maintenance (TFM) litigation differs from that governing ordinary civil litigation both for plaintiffs, whether successful or not, and defendants. 

Philip Barton


Funding the fight

COSTS

A party's ability to obtain orders for payment of legal costs by the opposing party in family law matters will depend on the specific statutory power governing the order sought. 

Jacqueline Campbell


The balancing act: sexual assault and the justice system

SEXUAL ASSAULT

When discussing sexual assault, the balance between the rights of complainant and accused, inebriation as a contributing factor and causes of under-reporting all need to be considered. 

Ruth Parker


The Ripple Effect

ECONOMIC LOSS

The degree of remoteness or reasonable foreseeability of an economic loss is a major component in determining liability for the loss.

David Seeman


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