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

LIJ November 2011

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

Cover Story

As the court thinks fit
Specialist tribunals have a broad discretion to determine when and how they will inform themselves, and where they are informed with reliable and probative material they may adopt unique procedures to facilitate relevant decisions. 

By David Farrelly and Jeremy Meagher

PROCEDURAL POWERS

Feature Articles

Patient or privilege?

CIRCUMSTANTIAL PRIVILEGE

Patient or privilege?
Whether a statutory decision maker can claim legal professional privilege for a report on an injured worker may depend on the dominant purpose of the report.

By Dean Churilov

Procedure with caution

CIVIL PROCEDURE ACT

Procedure with caution
Summary dismissal procedures are fundamental to the administration of justice, but it is apparent for the immediate future that courts will tend to  extreme caution, with the effect that it will be rare for opposed applications  to succeed.  

By Maryanne Loughnan

Tax liability Unlimited

TRUSTS/TAXATION

Tax liability Unlimited
As a result of a Queensland appeal decision trustees, including executors of deceased estates, may be held personally liable for tax even where they do not control the trust funds.

By Vijay Kooblal

The sex conundrum

GENDER

The sex conundrum
Even under the new Equal Opportunity Act, some people are more equal than others. People who choose to live as neither man nor woman are among those who miss out.

By Jason Donnelly

Unfairness is out

CONSUMER CONTRACTS

Unfairness is out
The new national unfair contract terms regime seeks a balance between providers and consumers, but case law is needed to see if it works.  

By Andrew Felkel

 



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.

LIV Social
Footer