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LIJ April 2010

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Cover Story

A loss of no consequence
Two recent decisions significantly affect the interpretation of exclusion clauses that refer to consequential loss – but the argument may not be over.

By Cameron Ross

Consequential loss

Feature Articles

A burden of duty


A burden of duty
New legislation dealing with the transfer of land may result in double or even triple duty being payable. 

By Chris Furnell

A word about charity


A word about charity
Can a trading enterprise be regarded as a charity for taxation purposes? The ATO said no, but the High Court disagreed.

By Derek Mortimer

Creditors can be shut out

Winding-up proceedings

Creditors can be shut out
Creditors need to consider different strategies when relying on a statutory demand to wind up a company in insolvency.

By Dr Philip Bender

Dropping the mark

Trade marks

Dropping the mark
What constitutes abandonment of a registered mark? Is it a matter of time, or of disuse?

By Kate Paras

Missing: Key to tenancy clarity

Retail tenancies

Missing: Key to tenancy clarity
The laws governing retail tenancies in Victoria are sometimes obscure and in the words of one VCAT member contain "bugs" and "kinks".

By George H. Golvan QC

When the collection clock ticks

Debt collection

When the collection clock ticks
When the statute of limitations on collecting debts expires, collectors and lawyers must proceed with caution.

By Jerome Martin


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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