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LIJ August 2006

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Cover Story

New LIV CEO outlines issues for the profession
Three decades of experience will help Michael Brett Young confront the many state and national issues facing the legal profession.

By Harriet Morley

Cover story

Feature Articles

Legal History

4 Curiosities of Victorian evidence law
Four 19th century peculiarities of Victorian evidence law have mixed Anglo-American parentage, and no collective equivalents elsewhere in Australasia.

By Greg Taylor


All in good faith
While reluctant to imply a duty of good faith in all commercial contracts, the Victorian Court of Appeal has allowed the possibility of a term being applied in appropriate cases.

By Christopher Archibald


Charting choppy waters - the ATO ruling on service entities
In determining whether their service entity arrangements will be acceptable to the ATO, many professionals are unsure how to use the indicative mark-up rates for typical services.

By Daniel Butler and Bill Leung

Disabled Persons

Construction law and human rights
Despite beliefs to the contrary, there are connections between construction and human rights laws.

By Paula Gerber


Costs orders against solicitors
When combined, changes introduced by the Legal Profession Act and the amended Supreme Court Rules r63.23 may alter the basis on which costs can be awarded against solicitors in Victoria.

By Russell Cocks and Christopher Kee

Industrial Relations

Nationalisation of the industrial relations system
The federal government's use of the corporations power in the Constitution to establish its national industrial relations system is under challenge from the states.

By Victoria Lambropoulos

Commercial Leases

VCAT tackles unconscionability in retail leases
In defining unconscionability, VCAT has likened it to an elephant - hard to describe but you know it when you see it.

By Daniel Flynn and Travis Coldrey


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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