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LIJ May 2008

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Cover Story

Building Cases: A new approach
Parties in non-domestic building dispute cases now have a choice of jurisdiction –
the Supreme or County Court. Both courts, in an effort to reduce the delay and cost traditionally associated with such disputes, have streamlined their case management procedures.
In the first of two articles, Justice David Byrne outlines the Supreme Court approach while in the second article, Richard Manly SC and John Permewan examine the County Court option.

By David Justice Byrne

(cover story)

Cover Story

County Court another option
The increased County Court jurisdiction offers an alternative court for the resolution of non-domestic building disputes.

By Richard Manly SC and John Permewan

Cover story

Feature Articles


ATO knocked back
The ATO is challenging the full Federal Court’s ruling that GST is not payable on forfeited deposits. If its appeal to the High Court is unsuccessful, some suppliers may be entitled to refunds.

By Craig Whatman and Jason Scully

Therapeutic jurisprudence

Diversion: Who’s slipping through the cracks?
The Criminal Justice Diversion Program offers offenders an alternative to a criminal record, but what are its limitations, and how might they be addressed?

By Dave Taylor, Lauren Gillett, Eugenia Udovic and Karen Chibert

Migrant workers

Migration confusion a risky business
The complexity of the new employer sanctions legislation has the potential to cause serious unintended consequences for employers seeking to find workers in a tight labour market.

By Murray Gerkens, Andrew Cope, Rodger Fernandez and Chong Quaik

NT intervention flagged as flawed
It seems the Northern Territory Intervention is not working as well as promised.

Aboriginal heritage

Obligations under the new Aboriginal Heritage Act
Laws protecting Aboriginal cultural heritage sites have been tightened, though an avenue of appeal is now open to developers.

By Hans P Bokelund

Human rights

Rights resources
The Victorian Charter of Rights is now in play. Practitioners need to explore international and local jurisprudence to help them work with it effectively.

By John Tobin


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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