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LIJ April 2004

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Cover Story

Privacy in the limelight
The debate over who controls "public image" and "personality rights" is growing. A landmark Queensland civil judgment provides a solid indication that Australian courts are now prepared to recognise a tort of privacy that poses a threat to the media.

By Stuart Gibson

Cover story

Feature Articles


Accessorial liability for breach of a fiduciary duty: an update
Victorian practitioners should not follow recent English cases in applying a compound test to determine liability as an accessory to a breach of fiduciary duty. Instead, they should apply the test in Consul Developments Pty Ltd v DPC Estates Pty Ltd.

By Hamish Redd

Employers' liability

After-hours conduct
An employer can discipline an employee for after-hours conduct that is directly linked to employment and which has a serious and significant effect on the workplace or damages the employer's interests.

By Mary-Jane Ierodiaconou


Bankruptcy without a bankruptcy notice
A summons for oral examination is a useful means of obtaining a clear, unambiguous statement from debtors that they intend to suspend payment of their debts.

By Ian Caudwell


Navigating through the fog - Possessory liens in sale of goods transactions
Before advising on a client's rights regarding a possessory lien, a practitioner needs to be clear about the distinctive features of such a lien and how it operates in competition with other rights or securities over goods.

By Ross Becroft


Removal of caveats – the possibilities
A couple of procedures are available to a registered proprietor of land who wishes to remove a caveat from their title. Careful thought needs to be given to the best approach.

By Andrew Kirby


Service of proceedings overseas
A number of obstacles await a would-be plaintiff seeking to commence proceedings in the Victorian Supreme Court against a defendant based overseas.

By Justin Castelan


The evolution of sentencing
The welcome addition of the Sentencing Advisory Council to the Victorian criminal justice landscape opens the way for Victorian sentencing law and practice to become a more socially acceptable, constructive and forensic practice.

By Professor Mirko Bagaric and Richard Edney


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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