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Every Issue

Cite as: (2003) 77(4) LIJ, p.80

Contact details
Library staff Sue, Lisa, Johanna and Josie look forward to assisting with your inquiries.
Phone 9607 9360/1
Fax 9607 9359
Email library@liv.asn.au

Opening hours
Monday and Wednesday
9am – 7.30pm
Tuesday and Thursday
9am – 6pm
Friday
9am – 5pm

A reference librarian is available every Monday and Wednesday evening until 7.30pm to assist with your inquiries.

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the Law Institute’s homepage at http://www.liv.asn.au/research
Request research assistance or items from the collection via the website and gain access to other legal resources via the links provided.

New books and seminar papers

The following books and seminar papers are available at the library. Unless marked REF in the location number, they are available for loan to members of the Law Institute. The borrowing period is one week. You are welcome to reserve an item that is currently on loan.

Administrative law
Enright, Christopher, Federal Administrative Law, Federation Press, 2001. (Location KM 300 E 1)

Barristers
Lindsay, Geoff and Webster, Carol (eds), No Mere Mouthpiece: Servants of all, yet of none, New South Wales Bar Association centenary essays, LexisNexis Butterworths, 2002. (Location KL 86 N 1)

Building law
Lovegrove, Kim and Adorjan, Steven, Building Law Update. Seminar papers, 11 November 2002, Law Institute of Victoria, 2002. (Location F KN 83.8 L 3)

Commercial law
Pentony, Brendan et al, Understanding Business Law (3rd edn), LexisNexis Butterworths, 2003. (Location KN 250 P 1 3)

Yorsten, Keith and Turner, Clive, Australian Commercial Law (24th edn), Lawbook Co, 2003. (Location KN 250 Y 1 24)

Commercial leases
Dennis, Frank et al, Annual Commercial Law Conference. Seminar papers 2002, Law Institute of Victoria, 2002. (Location F KN 250 A 4)

Consumer law
Corones, Stephen G and Clarke, Philip H, Consumer Protection and Product Liability Law: Commentary and materials (2nd edn), Lawbook Co, 2002. (Location KN 284 C 1 2)

Corporations law
Australian Corporations Legislation: 2003, LexisNexis Butterworths, 2003. (Location KN 261 A 12 (2003))

Crutchfield, Philip, Anderson, Collin and Morrison, Dr David, Crutchfield’s Corporate Voluntary Administration (3rd edn), Lawbook Co, 2003. (Location KN 312.2 C 1 3)

Criminology
Goldsmith, Andrew, Israel, Mark and Daly, Kathleen (eds), Crime and Justice: An Australian textbook in criminology (2nd edn), Lawbook Co, 2003. (Location KM 700 C 1 2

Defamation
Hill, Gayle, Houghton QC, William and Bartlett, Peter, The Changing Law of Privacy and Defamation Twilight Seminar. Seminar paper, 26 November 2002, Law Institute of Victoria, 2002. (Location F KN 38.2 G 1)

Equity
Meagher, RP, Heydon, JD and Leeming, MJ, Equity Doctrines and Remedies (4th edn), LexisNexis Butterworths, 2002. (Location KN 200 M 1 4)

Financial services
Hutley, Peter, Bennet, AE and Russell, PA, An Introduction to the Financial Services Reform Act 2001 (2nd edn), LexisNexis Butterworths, 2003. (Location KN 308 H 1 2)

Income tax
Australian Master Tax Guide 2003 (34th edn), CCH Australia, 2003. (Location KM 335 A 5 34)

Interlocutory injunctions
Hayes, Paul, Interlocutory Injunctions. Seminar paper, July 2002, Leo Cussen Institute, 2002. (Location F KN 387.3 H 1)

Real property
Watson, Malcolm, Gelbert, Lorna and Moon, Anne, Conveyancing in a Property Downturn. Seminar papers, November 2002, Leo Cussen Institute, 2002. (Location F KN 74 W 1)

Wills
Kellerher, Noelle et al, Wills and Estates Conference 2002. Seminar papers, 23 October 2002, Law Institute of Victoria, 2002. (Location F KN 125 K 1)

Workers’ compensation
Ballard, John Oman, Sutherland, Peter and Anforth, Allan, Annotated Safety, Rehabilitation and Compensation Act 1988 (5th edn), The Federation Press and Softlaw Community Projects, 2002. (Location KN 198.8 B 2 5)


Articles

Members may obtain copies of the following articles. Call us or visit the library on the lower ground floor, 470 Bourke Street, Melbourne. Please quote the ID number of the article. Cost of having articles copied and sent to members: 55 cents per page with a minimum charge of $7.70. Alternatively, use on-site self-service copying at 25 cents per page. For your convenience a copyright declaration/article request form is available on the LIV website http://www.liv.asn.au/research. Please complete and submit this form via email or fax.

Charities
“The give and take of charities” in Choice, November 2002, pp16-22. (ID No 3598)

How do you decide which charities are worthy of your donations and support? How can you be sure where the money is going? Choice addresses these questions and profiles six of Australia’s best-known charities.

Debt collection; Regulation; Harassment
Bull, Ken, “Regulation of debt collectors” in Proctor, vol 23 no 1, January/February 2003, pp12-13. (ID No 3597)

This article briefly explores regulatory prohibition of debtor harassment and coercion. A Federal Court case, ACCC v McCaskey, is used to illustrate unacceptable debt collection practices.

Disclosure of information; Landlord and tenant; Rent
Cameron, Max and Blom, Jennifer, “Failure to provide a disclosure statement may not give a tenant the right to recover rent” in Australian Property Law Bulletin, vol 17 no 6, 2002/2003, pp51- 52. (ID No 3588)

A discussion of the implications of the VCAT decision in Elmer v Minute Wit Enterprises Pty Ltd. This decision casts doubt on the effect of s82(2) of the Retail Tenancies Reform Act 1998 (Vic). The presiding VCAT member, Davis, states that this section does not explicitly require a landlord to refund any rent paid by a tenant prior to the tenant being provided with a disclosure statement.

Duty of care; Negligence; Public authorities
Dickinson, Cathie, “Watch your step: duty of care and reasonable foreseeability” in ALMD Advance, no 23, 28 November 2002, pp3-4. (ID No 3601)

It is not uncommon for a pedestrian who has tripped on an uneven footpath to claim damages for negligence. In November 2002, the New South Wales Court of Appeal considered the scope of the duty of care owed by public authorities to pedestrians.

Equity; Unconscionable conduct; Mortgages
Tognetti, Colleen Anne, “Lenders and marital relationships: wide reach of unconscionability” in ALMD Advance, no 2, 6 February 2003, pp3-4. (ID No 3591)

Elkofairi v Permanent Trustee Co Ltd [2002] NSWCA 413 tested an extension of the doctrine of Yerkey v Jones. The case involved a transaction not framed as a guarantee, where the wife was not wholly a volunteer.

Fees
Jasper, Colin, “Pricing to create value” in Australian Law Management Journal, summer issue 2003, pp15-16. (ID No 3592)

Well-chosen pricing structures will benefit law firms and their clients.

Franchises; Good faith; Repudiation; Litigation; Contracts
Gunasekrara, Gehan, “Good faith, repudiation and franchise agreements” in New Zealand Law Journal, December 2002, pp453-455. (ID No 3599)

This article reviews the Privy Council’s decision in Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd. The Privy Council chose not to address the issue as to whether duties of good faith are implicit in relational contracts in the context of franchising agreements.

Good faith; Contracts; Legislation
Penden, Dr Elisabeth, “The mistake of looking for legislative influence in contractual good faith” in Commercial Law Quarterly, vol 16 no 4, December 2002-February 2003, pp20-30. (ID No 3594)

Dr Penden suggests the widespread reference to “good faith” in legislation will not greatly aid the development of common law obligations of “good faith” in contract.

Industrial relations; Awards; Contracts of employment
Punch, Peter, “Contracting out of award still a no go zone” in Industrial Law News, issue 1, January 2003, pp1-3. (ID No 3587)

The decision by Goldberg J in TCFUA v Givoni Pty Ltd [2002] FCA 1406 followed the well-established principle that employers cannot contract out of award obligations.

Legal professional privilege
Pengilley, Warren, “Daniels: High Court upholds legal professional privilege” in Keeping Good Companies, vol 55 no 1, February 2003, pp37-39. (ID No 3589)

The High Court’s decision in Daniels Corporation International v Australian Competition and Consumer Commission is an important one for lawyers. The author outlines the ACCC’s argument, the Court’s interpretation of s155(5)(a) of the TPA in relation to legal professional privilege and the ACCC’s response to the decision. In closing, the author touches on the potential application of the decision outside of trade practices.

Legal professional privilege
Crosbie, Fiona and Kumar, Bashi, “Clients’ privilege is protected” in Law Society Journal, vol 41 no 1, February 2003, pp59-61. (ID No 3595)

Another article on the High Court’s decision in Daniels v ACCC. The authors of this article acted for Coles Myer Limited in proceedings heard with the Daniels High Court appeal.

Moral rights
Quinn, Verity, “Protecting the personal in art: Australia’s moral rights legislation” in Young Lawyers’ Journal, no 22, 2002, pp9-10. (ID No 3600)

This article provides an overview of the “moral rights” provisions inserted into the Copyright Act 1968 (Cth) by the Copyright Amendment (Moral Rights) Act 2000. These provisions came into effect as of 21 December 2002, although similar obligations have existed in Australia since 1928 under the Berne Convention for the Protection of Literary and Artistic Works.

Power of attorney
Sparke, Carolyn and Collins, Ken, “Powers of attorney (Part 1 and Part 2)” in Wills & Probate Bulletin, vol 30, 2003, pp17-18. (ID No 3602)

Part 1 looks at the validity of a marksman’s power of attorney. Part 2 asks whether or not general powers of attorney should be witnessed.

Statutory demands
O’Gorman, Kateena, “Sidestepping the statutory demand: is solvency a solution?” in Insolvency Law Journal, vol 10 no 4, December 2002, pp239-244. (ID No 3596)

The 1997 case, Master Paving Pty Ltd v Heading Contractors Pty Ltd, raised the following question: is it appropriate for a debtor company to apply for the setting aside of a statutory demand on the basis that the company is solvent.

Superannuation; Family law; Property settlements
Dannecker, Lois and Nolan, Anthea, “New family law amendments” in Australian Super News, issue 1, 4 February 2003, pp1-4. (ID No 3590)

Written in a question and answer format, this article may assist superannuation fund trustees in fulfilling their new obligations under amendments to the Family Law Act 1975 (Cth).

Taxation; Discretionary Trusts
Holland, Craig, “Taxation of discretionary trusts – the Board’s verdict” in Taxation in Australia, issue 37 no 7, February 2003, pp355-359. (ID No 3593)

“Taxation of Discretionary Trusts: A Report to the Treasurer and the Minister for Revenue and Assistant Treasurer” was released by the Board of Taxation in November 2002. This article analyses the report and discusses the potential impact of the Board’s recommendations on those who operate through discretionary trusts.

Johanna Ratcliff
Reference Librarian

library@liv.asn.au

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