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Every Issue

Cite as: (2009) 83(04) LIJ, p.74

New books and articles of interest from the LIV library.

New books, seminar papers & audiovisual material

These items may be borrowed by members for one week. Borrowing is free of charge.

Animals

Caulfield, Malcolm, Handbook of Australian Animal Cruelty Law. Animals Australia, 2008. (Location: KM 565.A6 C 1)

Jurisprudence

Davies, Margaret, Asking the Law Question. Lawbook Co, 2008. (Location: KA 10 D 1 3)

Owners corporations

Leshinky, Rebecca and Libbis, Simon, Owners Corporations in Victoria: A manual for owners, occupiers and managers. Hybrid Publishers, 2008. (Location: KN 63.3 L 1)

Will drafting

Kessler, James and Flynn, Michael, Drafting Trusts and Will Trusts in Australia. Lawbook Co, 2008. (Location: KN 210 K 1)

Articles

Articles may be requested online and will be emailed, faxed or mailed to members within 24 hours. An administration fee of $20 per article applies.

Anti-money laundering; Compliance

Holley, Grant and Sherrin, Melanie, “Reporting obligations under anti-money laundering legislation explained” in Keeping Good Companies, vol 61 no 1, February 2009, pp11-12. (ID No 35173)

This article explains the reporting requirements and ongoing customer due diligence obligations of businesses under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and advises that continuous monitoring and improvement is necessary to ensure compliance.

Bankruptcy; Asset protection

Lhuede, Michael, “Trust me: I don’t own anything!” in Taxation in Australia, vol 43 no 6, December 2008/January 2009, pp358-369. (ID No 35224)

This article provides an overview and commentary on the legislative and judicial landscape in which asset protection strategies may be tested.

CGT; Discretionary trusts;

Small business

Balasubramaniam, P and Ftia, R Jeremiah, “Part IVA, discretionary trust distributions and the CGT small business concessions” in Taxation in Australia, vol 43 no 6, December 2008/January 2009, pp378-380. (ID No 35225)

This article considers the alteration of income/capital appointments from a discretionary trust to access the CGT small business concessions in light of the Part IVA regime of the Income Tax Assessment Act 1936 (Cth).

Climate change; Human rights

Von Doussa, John, “What do human rights have to do with climate change?” in Precedent, issue 89, November/December 2008, pp19-22. (ID No 5792)

This article reflects on the enduring

relevance of the UN Universal Declaration of Human Rights by considering how its principles may apply in the context of the modern human rights issues raised by climate change.

Copyright

Pila, Justine, “Compilation copyright: a matter calling for ‘a certain ...sobriety’” in Australian Intellectual Property Journal, vol 19 no 4, 2008, pp231-266 (ID No 5795)

This article reviews the Anglo-Australian Law of compilation copyright in the light the Australian Full Federal Court’s decisions in Desktop Marketing v Telstra (2002) 119 FCR 491 and Nine Network v IceTV (2008) 168 FCR 14.

Directors’ liability; Human rights

Susskind, Anne, “Beware the ever-increasing ‘zone of legal risk’” in Law Society Journal (NSW), vol 46 no 11, December 2008, pp30-32. (ID No 35111)

This article considers the 2008 report by the International Commission of Jurists which sets out when corporations and their officials can be held responsible under criminal or civil Law for complicity in gross human rights abuses.

Drug testing; Workplace relations; Privacy

Douglas, Andrew, “Workplace drug and alcohol testing: multiple choice?” in Privacy Law Bulletin, vol 5 nos 3 & 4, October/November 2008, pp46-50. (ID No 35184)

This paper considers the implementation of drug and alcohol policies in workplaces, including the appropriate means of testing, what to do if an employee returns a positive result, the privacy implications, and whether such policies are appropriate for a business.

Euthanasia

Brown, Bob, “The right to die: legislating for euthanasia” in Precedent, issue 89, November/December 2008, pp29-30. (ID No 5790)

In this article Greens Senator Bob Brown discusses the Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2008 (Cth) which he introduced into Senate in September 2008.

Evidence

Hamer, David, “Admissibility and use of relationship evidence in HML v The Queen: One step forward, two steps back” in Criminal Law Journal, vol 32 no 6, December 2006, pp351-367. (ID No 35181)

This article examines the decision in HML v The Queen (2008) 245 ALR 204, in which the High Court considered whether relationship evidence may be admissible to provide context and/or to support propensity reasoning.

Family Law

Caruana, Catherine, “Form and substance: an evolving federal family Law system” in Family Matters, issue 80, 2008, pp61-64. (ID No 35113)

This article looks at the evolving Australian family Law system exemplified by the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 (Cth), which will remove the distinctions relating to marital status and sexual preference and allow de facto and same sex couples access to the federal Family Courts to resolve disputes about children and the division of property.

Family Law; Hague Convention

Chisolm, Richard, “The High Court indicates a problem in The Hague child abduction regulations” in Australian Journal of Family Law, vol 22 no 2, 2008, pp161-165. (ID No 5796)

This article discusses MW v Director-General of the Department of Community Services (2008) 39 Fam LR 1, in which the High Court considered The Hague child abduction regulations in the context of the removal of a child from one country in breach of the “rights of custody” of a court in the other Convention country.

Internet regulation; Identity fraud

de Zwart, Melissa, “The dark side of online games: fraud, theft and invasion of privacy” in Internet Law Bulletin, vol 11 no 9, January 2009, pp147-151. (ID No 35174)

This article considers some of the content regulation and intellectual property issues raised by online virtual worlds and outlines the security risks and consequences of fraud, identity theft, harassment and breaches of privacy in online gaming environments.

Occupational health and safety

West, David, “A suntanned country” in National Safety Magazine, 1 February 2008, 44-48. (ID No 35185)

This article looks at the problem of sun damage and skin cancer due to occupational exposures. As people become more educated about skin cancer, more of those diagnosed with what appear to be work-related skin cancer may move on to lodge workers’ compensation claims.

Product liability; Class actions

Kellam, Jocelyn, Clark, S Stuart and Harris, Christina, “Representative actions: a review of 15 years of product liability class action litigation in Australia (Parts I & II)” in Trade Practices Law Journal, vol 16, 2008, pp165-189 (Part I); pp249-275 (Part II). (ID No 35183)

This two-part article examines Australia’s experience with class actions in the product liability context, primarily from the defendant’s perspective.

Stolen Generation

Durbach, Andrea, “Reconciliation and justice reparations for the Stolen Generations” in Precedent, issue 89, November/December 2008, pp14-18.

(ID No 5793)

This article discusses the Stolen Generations Reparations Tribunal Bill 2008 (Cth) which was introduced in the Senate in September 2008.

Tenders; Contractors

Wilkinson, Richard A, “Risky business: compiling a tender package” in Building and Construction Law, vol 24 no 6, December 2008, pp377-393.

(ID No 5786)

This article explores the avenues in which a contractor may make a claim as a result of inaccurate information supplied to it in the tender phase and which has been specifically compiled by a principal’s architect or engineer.

Workplace relations

Gostencnik, Val, “Fair Work Bill 2008: what you need to know now about the industrial landscape” in Keeping Good Companies, vol 61 no 1, February 2009, pp46-49. (ID No 35172)

This two-part article introduces some of the substantial changes which will be brought to the industrial Law landscape by the Fair Work Bill 2008 (Cth), key elements of which are proposed to commence on 1 July 2009.

LIV librarians

Access the new library catalogue now

Log on to http://library.liv.asn.au and discover the benefits of the new library catalogue.

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Members can search, request, renew and reserve items from the LIV legal collection. 

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Discover and download what’s topical and new or old from the Law Institute Journal index. Free access to full text LIJ articles published from 2003 to the present is available for LIV members only.

Need more legal articles and references?

Search the Attorney Generals Information Service (AGIS) for Australian legal journal articles, with access to “pay as you go” full text articles online.

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Simply place a legal research request online (Research Services tab on the catalogue), submit and track your request online. It’s that simple.

Discover and access the new LIV library catalogue to support your practice.

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