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LIJ February 2007

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Cover Story

A juggling act: the confusion of GST in costs orders
Taxing rules need amendment to prevent unfairness.

By Paul Stacey

Cover Story

Feature Articles


Building a defence against drink-driving charges
Motorists facing drink-driving charges may find themselves in a David v Goliath situation where the Crown holds most of the power. However, there are ways of toppling the giant.

By Warwick J Walsh-Buckley

Trade Practices

Clear skies debatable – the Trade Practices Legislation Amendment Act 2006
While it contains significant departures from the Dawson Committee recommendations that it purports to imple-ment, the Trade Practices Legislation Amendment Act is unlikely to fulfil the expectations of a less restrictive trade practices landscape.

By Sarah Barker and Doug Shirrefs

Employment Contracts

Entitlements for breach of contract
When assessing damages for breach of an employment contract, the courts are not being restricted by the notice period in the contract.

By Tim Davey

Stamp Duty

Stamping out double taxation
While new provisions in the Duties Act aim to provide relief from economic double taxation for eligible beneficiar-ies on transfer of dutiable property, there is a significant difference between their actual and apparent scope.

By Dr Bill Orow

Restraint of Trade

The restraint of trade doctrine: Macnaghten said it best
Should Lord Macnaghten's test in Nordenfelt for threshold questions on the restraint of trade doctrine be preferred to the more recent decisions in Esso ?

By Glenn McGowan SC and Tomaso Di Lallo


The tort of deceit and misrepresentations of paternity
Magill v Magill may be both a beginning and end to “paternity fraud” claims.

By Joanna Fletcher and Samantha Horsfield


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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