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Barry Lane Articles from 2005
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006 > 2005 > 2004 > 2003
Barry Lane    November 28, 2005  
Full and frank

The Victorian authorities have taken a harsh approach to a fellow desperate to be a solicitor, but who kept forgetting large slabs of his unhappy past when he applied to be admitted. The creative excuses and the lapses of memory might, in less puritinical times, have been the pride of the profession ... more

Barry Lane    November 16, 2005  
The cheque's in the mail

Witholding payment from needy types such as barristers apparently is not viewed terribly seriously by the stipes in Victoria. A couple of tightwad solicitors got a tickle with the feather duster for holding back cheques worth $126,000 ... more

Barry Lane    October 31, 2005  
Juries, judges and mistakes

Robbie Richter says “juries do not make mistakes, judges do”. Which is all very well in the criminal world but, as Barry Lane reminds us, in the civil sphere the proposition is far from clear cut ... more

Barry Lane    September 23, 2005  
Judicial directions in sex trials

No wonder there’s been a rise in the number of retrials ordered in Victoria, particularly in sex cases. Barry Lane looks at the black holes into which trial judges can tumble with Longman, Vonarx and Kilby directions. President Maxwell is on the case ... more

Barry Lane    August 22, 2005  
Doubts about "reasonable doubt"

In the mysterious case of the murdered solicitor, the Victorian Court of Appeal preserves the opaqueness of the instruction “beyond reasonable doubt”. The waters remain nicely muddied ... more

Barry Lane    August 1, 2005  
Lies, damned lies and the Edwards' direction

Courts are far more benign institutions than tribunals when dealing with lying defendants. The case of Melbourne Mafioso Domenico Italiano shows the distinction in operation ... more

Barry Lane    July 20, 2005  
Access to justice and loaded litigants

Barry Lane loves discipline and he wants it applied to the use of the courts. Well-heeled litigants should pay market rates for access to the judicial edifice. That might shake out some of the indulgent cases that just run and run and run. ... more

Barry Lane    July 12, 2005  
Physician, heal thyself

A doctor pleaded guilty in Melbourne to writing prescriptions for vast quantities of pethidine and now Barry Lane is up in arms about a magistrate’s decision to usurp the authority of the Medical Practitioners’ Board ... more

Barry Lane    June 27, 2005  
Big Australians and competition

Big business sees small competitors as the tasty plat de jour. The ACCC was onto the way the Trading Post’s internet business (now part of Telstra/Sensis) misleadingly used sponsored links on Google to attack an advertising minnow. Watch-out – Sensis says it just wants to lend a “helping hand” to small business. ... more

Barry Lane    June 9, 2005  
Judges want the information age to STOP

Quaintly, judges hope that curiosity won’t get the better of internet savvy jurors. If trial by jury is to survive there has to be fresh thoughts about the way criminal justice is conducted ... more

Barry Lane    April 11, 2005  
Choose your poison

Little Johnnie Howard’s regime embraces free choice as a central tenet of its “philosophy”. The proposed independent contractors legislation is meant to be another plank in that doctrine. However, a recent Victorian case shows that the choice for workers may be more illusory than real … more

Barry Lane    April 1, 2005  
Corporatising our courts

John D. Phillips made a few extravagant claims about threats to judicial independence in his farewell from the Victorian Court of Appeal. While John D and other judges bang on about judicial independence, the fact is that the State courts are far from “co-equal” with Parliament … more

Barry Lane    March 18, 2005  
The "serious injury" wars - Part Two

Barry Lane once more is in the trenches mining more nuggets from the Victorian Court of Appeal thinking on appeals from County Court decisions in serious injury cases. At last, there’s clarity – we think … more

Barry Lane    February 12, 2005  
Victoria's "serious injury" wars

Barry Lane gets all serious about the “serious injury” wars in Victoria. ... more