this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

2020/21 Membership Year

Your membership is due for renewal by 30 June 2020. 

Renew Now

LIJ December 2005

The content below is for members only. Login or Join Now to Enjoy the Benefits

Cover Story

Men in tight financial situations: litigation funding in the 21st century
Traditional concerns with maintenance and champerty are being eroded as the business of litigation funding by non-parties for profit receives encouragement from recent court decisions.

By Jamie Richardson and Michael O’Brien

Feature Articles

A moral duty to resolve: making sense of family provision in Victoria
The issue of whether “moral duty” must be demonstrated by applicants in family provision cases continues to generate uncertainty.

By James McConvill and Victoria Lambropoulos

Avoidance under the Duties Act
Anti-avoidance provisions have been included in the Duties Act. There is considerable uncertainty about when they can be applied and the type of liability to which they give rise.

By Chris Furnell

Camel by committee: an insight into oversight of Victoria police
The state government’s ad hoc approach to the overseeing of Victoria Police, including the formation of the Office of Police Integrity one year ago, has resulted in a plethora of newly-created institutions with power to oversee various aspects of policing in the state. The danger from such a fractured approach is ineffective accountability.

By Colleen Lewis

East Timor – “crimes against humanity” trials on our doorstep
The Special Panel of the Dili District Court in Australia’s near neighbour, East Timor, has been set up to try those accused of “crimes against humanity”. The experiment has had mixed success.

By Martin Clutterbuck

Examining New Zealand’s Youth Court
Aspects of the Youth Court system in New Zealand, such as a team approach to youth welfare, afford useful insights for practitioners working within the juvenile justice system in Victoria.

By Liz Curran

Recovery of damages for negligently inflicted psychiatric injury: where are we now?
Recent provisions inserted into the Wrongs Act 1958 have affected the common law right to claim damages for psychiatric injury suffered as a result of negligence.

By Harold Luntz

The un-erasable ledger: revisiting Comcare “cease effects” decisions
Practitioners should review past matters where the AAT has affirmed a cease effects decision or a decision to deny a s14 claim at a time after an earlier s14 acceptance.

By David Richards


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.

LIV Social