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LIJ November 2014

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Cover Story

All systems go: Meet the new LIV CEO

New LIV CEO Nerida Wallace wants to remove barriers for lawyers and make their lives better. 

By Carolyn Ford

Feature Articles

Personal injury law

SPECIAL ISSUE

Personal injury law

This special issue looks at the latest developments in personal injury law.

Adjusting the Balance the Wrongs Act Inquiry

DAMAGES

Adjusting the Balance the Wrongs Act Inquiry

In 2013 VCEC conducted an inquiry into the operation of amendments to the Wrongs Act. This article analyses recommendations regarding the significant injury threshold and the Victorian government's response. 

By Dina Tutungi

The burden of the injured

TRANSPORT ACCIDENTS

The burden of the injured

The definition of serious injury for those with mental or behavioural disturbances from transport accidents has been severely tightened amid changes to the Transport Accident Act

By Michael J. Lombard and Tania Marcello

Moving to the WIRC Act: Legislating to Clarify

WORKERS COMPENSATION

Moving to the WIRC Act: Legislating to Clarify

The legislative intent of the WIRC Act is to streamline Victorian workers compensation legislation without altering the rights or entitlements of Victorian workers, but there are some important practical implications for lawyers to consider.  

By Sarah Richardson and Shaun Marcus

The Peak of Confusion? Disentangling the Consequences of Multiple Injuries

SERIOUS INJURY

The Peak of Confusion? Disentangling the Consequences of Multiple Injuries

In Peak Engineering Pty Ltd v McKenzie the Court of Appeal considered the principles to be applied when determining if a person who suffers from more than one injury satisfies the statutory definition of serious injury. The approach taken departs from previous case law and has given rise to considerable uncertainty. 

By Richard Derks

Cause for concern: The link between  breach and injury

MEDICAL NEGLIGENCE

Cause for concern: The link between breach and injury

Establishing a connection between the alleged breach of duty by a medical services provider and the subsequent consequences to an injured party has often perplexed personal injury practitioners. Recent case law from the High Court and decisions from the New South Wales appellate courts remind all in the jurisdiction that causation should be firmly identified and articulated early in proceedings.  

By Genna Angelowitsch

Doing  the sums: Economic loss claims under the Wrongs Act

DAMAGES

Doing the sums: Economic loss claims under the Wrongs Act

Continued fine-tuning by courts and legislature has meant greater fairness to injured plaintiffs in claims for economic loss. There are many factors for practitioners to consider when preparing such claims.

By Dimitra Dubrow and Gabrielle Feery

Remember patients' rights

MEDICAL INNOVATION

Remember patients' rights

A UK Bill is seeking to amend the "peer professional opinion" defence to encourage medical innovation - dividing patients, doctors and legal practitioners in the process. How does the defence operate in Victoria? 

By Amy Johnstone and Janelle Morgan

 



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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