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LIJ April 2007

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Cover Story

High Court decides on WorkChoices
In upholding the validity of the WorkChoices legislation, the High Court has confirmed the power of the federal Parliament to legislate on industrial relations matters to a far greater degree than before.

By Chris Molnar

Cover Story

Feature Articles

Debating WorkChoices: An opportunity

By Workplace Relations Minister Joe Hockey


Dumped: Termination for “genuine operational reasons”
Following the WorkChoices reforms, an employee cannot make an unfair dismissal claim where the termination has been made for “genuine operational reasons”.

By Emma Goodwin

Plain Language

Less is More: Overcoming Lawyers’ resistance to plain English
The main concerns lawyers have about plain language are as nonsensical as the legalese they protect.

By Andrew Marshall

Legal Practice

More of a generalist, more of a specialist
Practitioners need a working knowledge of other seemingly unrelated legal disciplines to effectively understand workplace relations.

By Robert Jackson


Red tape overload?
The Independent Contractors Act 2006 fails to clearly define “independent contractors” within the newly regulated workplace, while probably increasing compliance costs for business.

By Mark Yorston and Edward Liu


Remedies on termination of employment
Various options exist for aggrieved employees and their lawyers in relation to employment terminations.

By Marc Felman


Shareholders get their share
A High Court decision means that in cases of company insolvency, shareholders' claims may rank equally among the debts of unsecured creditors.

By Diccon Loxton, Michael Quinlan and Gabi Crafti


When plans go awry
Ministerial interventions in VCAT applications rarely occur, but when they do parties are likely to question the validity of the ministerial exercise of power.

By Christopher Wiseman

Employer Obligations

WorkChoices reforms to transmissions of business
New provisions affecting employers and employees now apply under the WorkChoices legislation for transmissions of business, including preserved redundancy entitlements.

By Michael Butler


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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