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De novo appeals a vital 'safety net'

Karin Derkley 14 Aug 2018

Scrapping the right of a defendant to have their Magistrates' Court criminal matter heard anew in a higher court is unjustified and could lead to miscarriages of justice, practitioners have warned...

Access to Justice Courts Sentencing

Women lawyers get to speak up at Warren Moot

Karin Derkley 07 Aug 2018

More women lawyers will have the chance to speak in court, with the number of teams competing in this year's Warren Moot to be doubled...

Advocacy

Addiction requires compassion

Carolyn Ford 07 Aug 2018

Victoria’s judges have been urged to show compassion when dealing with addicted accused by a leading Canadian physician and author visiting Melbourne...

Health Judgment Justice Wellbeing

Legal aid protects the powerless: outgoing CEO

Karin Derkley 06 Aug 2018

A vibrant and well-resourced legal safety net requires strong and principled leadership from people who matter, outgoing Victorian Legal Aid CEO Bevan Warner said at his farewell speech last week...

Access to Justice

No penalties for Modern Slavery non-compliance

Karin Derkley 02 Aug 2018

The LIV has described as "fundamentally flawed" the fact that new federal legislation to combat modern slavery does not include penalties against companies that fail to comply with its requirements...

Legislation Workplace Relations

August LIJ flipbook

Law Institute Journal 01 Aug 2018

Welcome to the August LIJ flipbook. You can turn pages electronically, magnify type and click through to editorial content, LIV goods and services and upcoming events and advertising.

GST withholding at settlement

David P Lloyd and Murray McCutcheon 01 Aug 2018

Following on from a March 2018 LIJ article, the authors explain how GST withholding works in practice with the new contract condition...

Real Property Taxation

Co-ownership disputes

Philip Barton 01 Aug 2018

Cases since the 2005 reforms to the law of co-ownership have helped to clarify central concepts...

Dispute Resolution Real Property

Highway robbery? Adverse possession of roads

Robert Bradley 01 Aug 2018

While there has been some light shed on the law relating to public highways, it is still unclear when a road can be adversely possessed...

Real Property

No longer a victim

Norman Mermelstein 01 Aug 2018

When a tenant is liable for the landlord’s legal fees, the tenant often feels exposed to excessive and/ or unjust costs with little remedy. Relief is available...

Real Property

The sky is not only the limit, it’s the solution

Nafsika Palbas 01 Aug 2018

Air rights transactions are an emerging area of property law in Victoria, and overlap and interact with other well-established property law concepts commonly used by practitioners...

Real Property

Defects and demands

Harrison Wall 01 Aug 2018

A contractor seeking an injunction to restrain a principal from having recourse to security under a building contract has a difficult hurdle to overcome where the right to recourse is unconditional...

Real Property Securities