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The article provides information on the implied undertaking on discovery in Australia. It states that an implied undertaking prohibits the use of documents obtained on discovery for any reason other than the legitimate purposes of the litigation, except when a party who produced the material has consent or leave of the court. The types of document that apply to implied undertaking are given. It explains the rule when applying to court for leave to utilize documents in circumstances that would violate the implied undertaking.

Examines the procedures for issuing, compliance with and objecting to subpoenas for the production of documents. Basis for resisting compliance with the subpoena; Requirements for producing documents under a subpoena; Other aspects to consider when serving a subpoena.

Presents rules on court proceedings issued by Australia's Supreme Court and Victims of Crime Assistance Tribunal (VOCAT) in May 2003. Access of trolleys of legal documents of the Supreme Court; Repeal of obsolete practice and procedural directions; Regulation on access to VOCAT files; Notification of alleged offenders; Jurisdiction of VOCAT to make award for the death of the primary victim.

The article offers information on an Australian Supreme Court judgment in the case of National Australia bank Ltd. v Pathway Investment Pty. Ltd. and Doystoy Pty. Ltd. It informs that the decision made by the Court of Appeals raised question regarding the provisions of particulars and the discovery of the documents related to the diseased person. It further informs that the Court of Appeals rejected an application in reference to this issue.

The article provides a practice note for lawyers on the Serious Sex Offenders Act 2009 in Australia. It discusses the definition of the terms "the Act" and the application of the practice note to a proceeding in the court. It also explains the filing of documents, notice of intention to dispute reports under s113 of the Act, and application of review of interim orders.

The article offers tips lawyers to remain aware of the mechanics and requirements of an enforceable commercial contract and the use of precedent documents assists the efficiency of the contract drafting process.

The article provides information on the new forms and changes to existing forms used in the Federal Magistrates Court of Australia. It notes that the Court will review all the forms approved for use to ensure they are in a uniform format and are consistent with the legislative aims of the Court. The Application in a Case form will be approved across all areas of the Court's jurisdiction and will be approved for use for interlocutory/interim/procedural orders filed after the initiating application.

The article focuses on the amended Victims of Crime Assistance Tribunal (VOCAT) Practice Direction No 1/2006 which includes exceptions regarding when an application should be transferred to Melbourne, Victoria for inclusion in the Koori VOCAT List. The list will be established to create procedures to ensure that the goals of the Victims of Crime Assistance Act will be met in relation to applicants. It cites that the Koori VOCAT List registrar at Melbourne will handle all applications for assistance. The practice direction was implemented on July 1, 2007.

The article focuses on the Note Number 4 of 2007 which deals with the applications to be heard by judges of the criminal division in the Australian Supreme Court. It outlines the information that should be given by applicants to the Criminal Division legal officer in order to file an application. Applicants are required to abide with the court rules regarding the form and delivery of material for application. It mentions the types of application which practitioners may request a legal officer to take certain action in accordance with the practice note.

The article focuses on the Practice Direction Number 2 of 2007 which sets the requirements for filing an application for orders under Part VII of the Family Law Act 1975 in the Australian Federal Magistrates Court. Applicants are required to file a certificate from a registered family dispute resolution practitioner with applications for orders. It cites that the federal magistrate will consider applications that are filed on or after July 1, 2007 even without a certificate.

Focuses on the implementation of a new form for making a commonwealth statutory declaration in Australia on November 26, 2004. Deadline for the use of the old form; Legal definition of statutory declaration; List of prescribed persons who may witness a statutory declaration.

Focuses on the ruling of the Supreme Court of Victoria on two cases regarding non-party access of tribunal records filed by The Herald and Weekly Time Ltd. against the Victorian Civil and Administrative Tribunal (VCAT). Details of the s157 of the VCAT Act 1998 which gives power to the defendant tribunal to limit access to their records by non-parties; Right of access provided by the VCAT Act to the parties and to the public in relation to VCAT files; Exceptions to the availability of VCAT files to the public.

The article presents questions and answers related to elder law and legal practice management including release of documents and donor's files to the attorney.

The article focuses on the laws made for the regulation of wills, a legal document meant for property and possession. Topics discussed include need of written document for the inheritance of property, need of two witnesses for signing the will under the Wills Act 1997, and the importance of these laws for the beneficiaries.

The article focuses on decisions of the courts on various lawsuits proving the lack of proper records with the law practitioners. It discusses various instructions for guiding the lawyers which include keep proper details of telephonic as well as conference conversation with the client, copy of written confirmation of the advice to the client, and need of date wise documentation. It also discusses the cases reflecting the lack of documentation with the lawyers like Bakovski v. Lenehan.

The article discusses the concept of the English language and the law and also focuses on legal writing. Topics discussed include the use of Legalese to describe the jargon of the law, words and terminology used in legislation and legal documents, and comments from legal language expert Christopher Balmford and Fred Rodell, dean of Yale Law School related to the legal writing. It also discusses legal definitions used in mock jury trials.

The article focuses on the Victorian Law Reform Commission's (VLRC) 2012-2013 report on the effectiveness, accessibility, and efficiency of birth registration laws in Victoria. Information is provided on the services that require a birth certificate, such as enrolling in public school, obtaining a passport of drivers license, and receiving government benefits. It is noted that the VLRC has made recommendations to amend the Victorian Births, Deaths, and Marriages Registration Act of 1996.

The article presents cases that pose ethical questions for lawyers, including a conflict of interest with a former client and the ownership of client files. Topics mentioned include a case in which a law firm is acting for a beneficiary and executor of a will, whether a client is entitled to certain documents, and disagreements between law firms.

The article presents information on the proper basis certification requirements that are needed in the Civil Procedure Act 2010 in Australia It informs that the solicitors must act on the factual and the legal material in such a way that every document, denial and admission of the document has a proper basis. It further informs that practitioners must consider pleading, arguments and evidence carefully.

The article presents information on the importance of tablets and tablet technology for the legal professionals. The tablets have become essential for the practice of law due to the use of the Internet, electronic mails and the images of important documents used in cases. Information on the use of the computer applications in the courts and tribunals for the presentation and documentation of legal statements is also presented.

The article offers a humorous story about a court case in Australia in which a lawyer in a dog-bite case alleged that the dog's behavior was influenced by other dogs. It also offers information about phobias that lawyers could develop and advises against working on sensitive legal documents on public transportation.

The article discusses the changes in the General Civil Procedure Rules that were implemented in Victoria. It cites the move by the Victorian Supreme Court Rules Committee on April 23, 2008 to allow the double-sided printing of documents. The changes were emulated by the Country Court and Magistrates' Court General Civil Procedure Rules. Among the advantages of the changes are the 50% reduction of court books, briefs, files and folders of case authority and reduced paper costs.

The article examines the "Managing Discovery: Discovery of Documents in Federal Courts" plan issued by the Australian Law Reform Commission (ALRC). Based on the plan, the ALRC recommends a cap on cost of discovery of documents in civil disputes, the conduct of pre-trial oral examinations, and the development of judicial training programs. The opinion of federal attorney-general Robert McClelland on the ALRC document is also cited.

The article revisits some of the basic requirements for the closing, storage and destruction of legal files. A practitioners needs to check several documents to ensure that the retainer has been finalized and the client informed in writing. Under Rule 7.5 of the Professional Conduct and Practice Rules 2005, a client is entitled to have access to selected documents. The rules also require document retention and file destruction in a given period.

The article presents several scenario concerning requests to produce clients' files. It is stated that a practitioner cannot refuse to comply with a subpoena just because of their lien over the file. When the former client's new solicitor requests information or documents, a practitioner should consider shared privilege and liens. Among the circumstances in which information confidential to a client can be disclosed include when a practitioner is being compelled to by the law and the loss of the confidentiality of the information.

The article focuses on the retrospective online publication of the "Law Institute Journal" (LIJ). It notes that a $40,000 Legal Services Board grant has allowed for previous issues of the LIJ to be scanned and uploaded onto the Australasian Legal Information Institute (AustLII) Web site. It cites that the funding will facilitate the said online publication of the periodical from 1997 to 2002. It notes that the AustLII reference centre offers free Internet access to over four million Australasian legal documents.

The article provides information on the Federal Court Amendment Rules 2008 in Australia. The rules were registered on the Federal Register of Legislative Instruments on August 1, 2008. One of the amendments included in the document is the inclusion of a new rule O.41 r7A to provide for electronically affixing a facsimile of the signature of the registrar to documents in proceedings.

The article reports on the implications of the Crimes Document Destruction Act 2006 in Victoria. Heavy fines and up to five years of imprisonment will be faced by local lawyers found guilty of the wrongful destruction of legal documents. Lawyers should determine what documents should be retained according to CEO Michael Brett Young.

Presents a directory of the member services and contacts of the Law Institute of Victoria Ltd. Arbitration and mediation service; Legal documentation; Senior/junior counselors.

Focuses on issues significant to legal services to be published by the Law Institute of Victoria (LIV) in several periodicals and newspapers in Australia. Concerns of LIV over the plan of the Victorian government to make the destruction of legal documents a criminal offence for companies in the "Australian Financial Review"; Reaction of LIV to the possibility that a lawyer can have sexual relationship with his client in the "The Age"; Lawsuit filed by LIV against disqualified solicitor James Woods in the "Herald Sun."

Provides information on the changes to the Federal Court Rules under the Federal Court Amendment Rules 2005 registered on the Federal Register of Legislative Instruments in Australia on August 8. Support for a new system for processing documents lodged with the Court through its electronic filing system; Replacement of O.69 and O.69A forms; Amendment to the cost of legal services.

Presents advice to solicitors on several issues concerning conflicts in business ethics. Document ownership; Conflict of interest; Incompatibility of the interest of legal firms and solicitors.