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LIJ September 2002

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Cover Story

Cover Story : On the record with the Attorney General
Daryl Williams is Australia’s fourth-longest serving federal Attorney-General. Since the early weeks of his six-and-a-half years in the role he has had to devote large reserves of time and resources to deal with a string of crises and landmark court decisions. Despite this, he has implemented far-reaching – and sometimes controversial – reforms of the legal system.

By Jason Silverii

Feature Articles

"The Sting" - Meeting the libel
In Anderson v Nationwide News Pty Ltd (No 1)[1] and (No 2),[2] the Victorian Supreme Court struck out a Polly Peck “truth” defence and a defence of fair comment for failing to meet the “sting” of the libel. This has significant implications for the availability of the defences.
Defrauding the great Australian dream
While most people would not associate applying for a mortgage with committing a crime, mortgage fraud is increasingly common. The extent of the problem is examined and mitigation advice offered.
Demands, demands and competing demands ~Life in a Legal Clinic
La Trobe University has for two decades offered clinical legal education programs. The university’s experience provides useful ideas for those embarking on such programs or operating secondments from law firms.

By Liz Curran

New drink-driving defences
With recent legislative changes fettering sentencing discretion, many persons charged with drink-driving related offences will have little choice if they wish to continue to drive but to contest the charges. Several recent Court of Appeal or Supreme Court decisions have created new defences to these charges.

By Warwick J Walsh-Buckley

The Case of Kevin & Jennifer - Transsexual Marriage in Australia
A decision in the Family Court of Australia regarding the transsexual marriage of Kevin and Jennifer could have far-reaching effects. This article looks at the background in relation to transsexuals and closely examines the reasoning used by Chisholm J in Re Kevin (Validity of Marriage of Transsexual).

By Eithne Mills and James McConvill

The solicitor-executor and remuneration clauses
The Law Institute has been concerned about complaints by beneficiaries against solicitor-executors who draw wills which provide excessive levels of remuneration for themselves. To avoid an application to the court for executor’s commission, a will should include suitable clauses for charging commission or other remuneration.

By Alan Box, Ian Hardingham QC, Noel Jackling, John Kelly snr, Ian Morrison and Stewart McNab

 



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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