Staying Informed - Law Institute of Victoria

LPLC: Personal cost orders against lawyers

Simon Ellis 01 May 2020

What are they and what should I do if an application is made against me for a personal cost order?

LPLC: Acting for yourself may not pay off

Legal Practitioners’ Liability Committee 01 Apr 2020

Self-represented law firms cannot recover costs in respect of work performed by partners, employed solicitors or other employed staff.

Litigation Practice Management

Civil Procedure Act: A civilised profession?

Genna Angelowitsch 01 Mar 2020

At its commencement, some viewed the CPA as an aspirational guideline. Now, entering its 10th year, the courts have demonstrated their preparedness to put substance into the legislature’s ambitions, and sanction those who fail to comply...

Civil Procedure Legislation Litigation

Commercial: Class action fees shakeup

Michael Legg 01 Feb 2020

Lawyers will be able to take a percentage of class action damages but questions remain...

Litigation Practice & Procedure

Party-party Taxations – when a winning party might actually be the loser

LIV Costs Law Executive Committee 19 Sep 2019

The impact of Supreme Court (General Civil Procedure) Rules 2015 63.85 can be a serious impediment to a winning party maximising costs recovery when taxing costs...

Access to Justice Civil Procedure Courts Litigation

Green light for contingency fees

Victorian Law Reform Commission 01 Aug 2018

The VLRC considers that lawyers should be able to charge contingency fees, as it provides another avenue of funding for clients who may otherwise be unable to afford litigation...

Litigation

VLRC greenlights contingency fees

Karin Derkley 21 Jun 2018

Lawyers should be able to charge contingency fees on approval from the Supreme Court, a report on litigation funding and class actions by the Victorian Law Reform Commission (VLRC) recommends...

Access to Justice Litigation

A knock to the head

Annette Greenhow 03 Apr 2018

Sport-related concussion issues are likely to be deliberated in Australian courts in the next 12 months...

Health Litigation

Independence rules

Gino Dal Pont 03 Apr 2018

Lawyer independence must function to moderate the trajectory and cost of litigation...

Ethics Litigation

Ancillary issues

Philip Barton 01 Jun 2017

Recent Victorian Testator’s Family Maintenance litigation has highlighted diverse unusual ancillary points. Recent Victorian testator’s family maintenance litigation has highlighted...

Litigation Maintenance (Family)

LIV responds to The Australian article ‘Federal court urges law firms to send more work to Bar’

LIV Media 17 May 2017

Last Friday The Australian published an article suggesting that law firms had been placed on notice and face adverse cost...

Litigation

Going it alone

Karin Derkley 01 May 2017

More options are needed to support a growing number of people having to face court unrepresented. In the County Court, Mark Ballantyne is fighting to save his home after defaulting on what...

Courts Litigation

Parents lacking capacity

Siobhan Mansfield 01 Apr 2017

There is a need for legislative clarity regarding the role and impact of litigation guardians. Vu entered a Thai refugee centre as a child. While there, she was violently raped and became...

Capacity Guardianship Litigation

Jury direction reforms undermine fair trials

Law Institute Journal 01 Apr 2017

The LIV has criticised the state government’s proposed jury directions reforms as having the potential to undermine the right of...

Courts Litigation

Changes to party party taxation

Janine Wirth 01 Apr 2017

New practice notes affecting litigation in the Supreme Court of Victoria came into effect on 30 January 2017. Practice Note SC Gen 11 sets out the practice in relation to matters in the Costs Court...

Litigation Taxation

2020/21 Membership Year

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