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LIJ June 2009

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Cover Story

Opening a new page

Under new legislation Victorian coroners are to have a significantly changed role in investigation of deaths and fires, with a stronger focus on recommendations for preventative action and transparency of coroners’ decision-making.

By Ian Freckelton SC

Feature Articles

An appealing biography

book review

An appealing biography

Ian Freckelton and Hugh Selby (eds), Appealing to the Future: Michael Kirby and his legacy, 2009, Thomson Reuters, hb $150, pb $80.

By Graham Fricke QC

Casting a challenge

taxation

Casting a challenge

A taxpayers’ request for particulars regarding an ATO tax assessment was recently denied by the High Court on the grounds of “fishing”. Other ways to challenge ATO decisions may need to be considered.

By Dr Philip Bender

Dogged discovery

disclosure

Dogged discovery

In Family Court property proceedings the relevance of documents to the issues is crucial for their disclosure, even by third parties and non-parties to the marriage.
 

By Jacqueline Campbell

Early response essential

professional misconduct

Early response essential

Failure by practitioners to respond promptly to a request from the Legal Services Commissioner for an explanation of their conduct can have costly professional and financial repercussions.

By Judge Iain Ross

Mediating the neighbours

dispute resolution

Mediating the neighbours

A three-tiered approach to dispute resolution now requires parties to owners corporation disputes to access alternative dispute resolution options such as mediation before litigating.

By By Kathy Douglas, Rebecca Leshinsky and Robin Goodman

Modernising Victoria’s criminal laws

criminal law

Modernising Victoria’s criminal laws

After 50 years and more than 1500 amendments, the Victorian Crimes Act is undergoing its first comprehensive overhaul.

By Rob Hulls MP

Ups and downs of financial advice

professional liability

Ups and downs of financial advice

Financial advisers need to take great care when advising clients and recommending investments, or risk exposure to a host of legal actions.

By Andrew Kirby

Where love is not enough

consideration

Where love is not enough

The Victorian Confiscation Act has been amended to remove the ground of “natural love and affection” as a means of transferring assets used in the commission of crimes. 

By Daniel Khoury and Shane Garlepp

 



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: CFord@liv.asn.au 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: CFord@liv.asn.au. 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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