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November LIJ online edition
November LIJ online edition

 Law Institute Journal 01 Nov 2021

Welcome to the November LIJ online edition. You can click through to editorial content, LIV goods and services and upcoming events and advertising.

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Contents – November LIJ
Contents – November LIJ

 Law Institute Journal 01 Nov 2021

Quick links to November LIJ 2021 content.

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November LIJ in PDF and flipbook
November LIJ in PDF and flipbook

 Law Institute Journal 01 Nov 2021

Download a PDF of the November LIJ, or flip through its pages in form of a flipbook.

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From the president: Courts recognise members’ efforts
From the president: Courts recognise members’ efforts

 Tania Wolff 01 Nov 2021

The burdens shouldered by lawyers have not gone unnoticed

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Unsolicited
Unsolicited

 Law Institute Journal 01 Nov 2021

I refer to the article “Worthy of intervention” by John Willis, October 2021 LIJ. I am writing to provide a response to the first aspect of Mr Willis’ article, the statutory provisions that require Victoria Legal Aid (VLA) to provide legal representation for cross-examination of protected persons and respondents.

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Courts 

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Workplace Safety: ‘No jab, no office’ policy takes hold
Workplace Safety: ‘No jab, no office’ policy takes hold

 Karin Derkley 01 Nov 2021

Firms are urging their employees to get vaccinated as Mandatory Vaccination Directions are being introduced by the Victorian government.

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Gender Equality: Firms sign on to charter
Gender Equality: Firms sign on to charter

 Karin Derkley 01 Nov 2021

The LIV Charter for the Advancement of Women requires signatories to establish fair and transparent sexual discrimination and harassment complaints processes. 

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Specialist courts: Court delivers on need
Specialist courts: Court delivers on need

 Carolyn Ford 01 Nov 2021

The Magistrates’ Court of Victoria is transforming the state’s justice response to family violence.

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Criminal law: Sentencing in the time of COVID-19
Criminal law: Sentencing in the time of COVID-19

 Liam McAuliffe 01 Nov 2021

COVID-19 continues to impact the Victorian criminal justice system. In three key cases, the Court of Appeal has elevated the rule of guilty pleas in ensuring the efficient administration of justice, finding that a plea entered during the pandemic is worthy of greater weight in sentencing.

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Media: Media communication pitfalls
Media: Media communication pitfalls

 Justice Emilios Kyrou* 01 Nov 2021

The pitfalls of lawyers’ media communications include breaching professional conduct rules, breaching the duty of confidence  and committing a contempt of court.

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Child protection: The best interests of the child
Child protection: The best interests of the child

 Sally Nicholes, Michael Osrin and Alastair Noakes 01 Nov 2021

When the Department of Families, Fairness and Housing can unilaterally override decisions of the Victorian Children’s Court regarding child safety and welfare has been the subject of Supreme Court proceedings. 

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Debt recovery: By instalment
Debt recovery: By instalment

 Michelle Bennett 01 Nov 2021

The Judgment Debt Recovery Act 1984 introduced a mechanism for courts to order the repayment of judgment debts by instalments but provides little guidance to determine when such orders are appropriate. In the intervening years the courts have developed their own criteria. 

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Insurance:  A major shake-up
Insurance: A major shake-up

 Amanda Storey 01 Nov 2021

The federal government implemented the 15 recommendations made by the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry to reform the insurance sector, heralding a major shake-up of the industry.

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High Court judgments
High Court judgments

 Dr Michelle Sharpe 01 Nov 2021

Criminal law - Recklessness. Defamation - Publication.

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Federal Court judgments
Federal Court judgments

 Anthony Lo Surdo Sc & Dr David J Townsend 01 Nov 2021

Appeals from decision finding whole or part of interests in properties held on resulting trust for bankrupt – where properties registered in names of parties associated with bankrupt – whether bankrupt provided all or part of purchase price for properties – whether presumption of resulting trust rebutted by evidence of intention of bankrupt to contrary – available inferences.

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