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inReference (articles)

Every Issue

Cite as: April 2011 85(4) LIJ, p.

New books and articles of interest from the LIV library.

Wasting hours on legal research?

The LIV library offers a range of training courses and multimedia materials to update your knowledge and skills. Training librarian Sally Manser provides small group sessions such as Legal Research Online: What can I get for free?, a workshop providing tips and tricks on effectively researching the law for those without access to subscription databases. Other classes specific to case law and legislation research are offered, and guidance on the major publishers’ online services can be provided.

For those who prefer a bespoke one-to-one session, our short research refreshers can be tailored to suit your requirements and timeframe.

Legal research training sessions can be viewed and booked at www.liv.asn.au/Education---Events/whatsOn-Calendar, or for more information please contact Sally Manser on ph 9607 9364 or smanser@liv.asn.au.

In addition to providing user education, the library holds a great selection of CDs and DVDs of conference proceedings and educational materials covering all CPD skill areas. Multimedia holdings can be viewed and requested at http://bit.ly/dRVTwF.

New books, seminar papers and reports

LIV members may borrow library material for 14 days, with a one-week renewal available unless reserved by a member. Items can be collected from the library, posted or sent via DX free of charge. Material including the location REF is unable to be borrowed.

Bankruptcy
Harris, Jason and Murray, Michael, Keay’s Insolvency: Personal and corporate law and practice (7th edn), Thomson Reuters (Professional) Australia, 2011. (Location: KN 310 K 2 7)
Constitutional law
Taylor, Greg, The Constitution of Victoria, The Federation Press, 2006. (Location: KM 31 T 1)
Corporations law
Australian Corporations Legislation 2011, LexisNexis Butterworths, 2011. (Location: KN 261 A 14 (2011))
Evidence
Mellifont, Kerri, Fruit of the Poisonous Tree: Evidence derived from illegally or improperly obtained evidence, The Federation Press, 2010. (Location: KN 394.4 M 1)
International law
Triggs, Gillian D, International Law: Contemporary principles and practices, LexisNexis Butterworths, 2011. (Location: KC 80 T 1)
Lawyers
MacFarlane, Julie, The New Lawyer: How settlement is transforming the practice of law, UBC Press, 2008. (Location: KL 50 M 2)
Susskind, Richard, The End of Lawyers?: Rethinking the nature of legal services, Oxford University Press, 2010. (Location: KL 85 S 3)
Powers of attorney
Dal Pont, GE, Powers of Attorney, LexisNexis Butterworths, 2011 (Location: KN 25.2 D 1)
Property law
Furnell, Chris, Hopper, Samuel, Rimmer, Bill et al, LIV Property and Planning Law Conference 2010. Seminar papers, 8 October 2010, LIV (Location: F KN 60 R 4)
MacCallum, Susan and Bradbrook, Adrian, Easements and Restrictive Covenants in Australia, LexisNexis Butterworths, 2011. (Location: KN 65.1 B 1 3)
Women and the law
Easteal, Patricia (ed), Women and the Law in Australia, LexisNexis Butterworths, 2010. (Location: KN 152.2 E 1)

Articles

Articles may be requested online and will be emailed, faxed or mailed to members.

Arbitration
Creer, James N, “Belatedly joining the 21st century in arbitration” in Law Society Journal, vol 49 no 1, February 2011, pp61-63 (ID 42028)

Discusses the positives that will result from the Australian state and territory governments’ adoption of new uniform domestic commercial arbitration legislation.

Building contracts
Campbell, Garth, “Completion of residential construction work: when does the clock start ticking?” in Building and Construction Law Journal, vol 27 no 1, February 2011, pp30-35 (ID 41986)

An overview of the home building works law in New South Wales, Tasmania and Queensland. Includes commentary on the definition of completion as well as limitation periods, warranties and final certificates.

Gerber, Paula and Ong, Brennan, “DAPs: when will Australia jump on board?” in Building and Construction Law Journal, vol 27 no 1, February 2011, pp4-29 (ID 41985)

Analyses Australia’s use of dispute avoidance processes (DAPs) and those being used in other countries.

Consumer law
Kellam, Jocelyn, “The new Australian Consumer Law” in Australian Product Liability Reporter, vol 21 no 5-6, December 2010, pp54-55 (ID 41852)

An overview of the Australian Consumer Law (ACL), which brought a national law for consumer protection and fair trading into force from 1 January 2011.

Kearney, Madeleine, “Australia’s new injury reporting requirement: is business ready?” in Australian & New Zealand Trade Practices Law Bulletin, vol 26 no 5, December 2010, pp42-44 (ID 41772)

The new Trade Practices Amendment (Australian Consumer Law) (No 2) Act 2010 (Cth) brings new reporting requirements for serious injury or illness from consumer goods. This article analyses the new requirements.

Corporations
Morgan-Wicks, Katherine, “Changes to business name registration in Australia” in Keeping Good Companies, vol 63 no 1, February 2011, pp24-25 (ID 42073)

A new system, beginning this year, will give the Australian Securities and Investments Commission (ASIC) the responsibility for registering, renewing and administering business names.

Cybercrime
Svantesson, Dan Jerker B, “Sexting and the law: how Australia regulates electronic communication of non-professional sexual content” in Bond Law Review, vol 22 no 2, December 2010, pp41-57 (ID 41960)

Discusses sexting and how Australia regulates this new form of electronic communication.

Employment law
Ferraro, Frank, “Employment law implications of reporting on gender diversity in the workplace” in Keeping Good Companies, vol 63 no 1, February 2011, pp38-42 (ID 42062)

Commentary on the new ASX Corporate Governance Council, corporate governance principles and recommendations, and information on gender diversity in the workplace.

Family law
Armstrong, Susan, “Developing culturally reflexive practice in family dispute resolution” in Australasian Dispute Resolution Journal, vol 22 no 1, February 2011, pp30-40 (ID 41966)

This article is based on recent research on reflexive responses to culture in family dispute resolution mediations.

Alexander, Renata, “Moving forwards or back to the future? An analysis of case law on family violence under the Family Law Act 1975 (Cth)” in University of New South Wales Law Journal Forum, vol 16 no 2, November 2010, pp63-76 (ID 41800)

Discusses the changes in attitudes of the courts to family violence and the effects on children.

Financial services
McAlister, Pamela, Verdnik, Adrian and Itagliata, Andrea, “New ASIC Class Order 10/1219: Facilitating the electronic delivery of disclosure documents, 27 January 2011” in Australian Corporate News, no 1, 21 January 2011, pp1-3 (ID 42027)

A practical overview of ASIC Class Order 10/1219, which looks to make online delivery of product disclosure statements and financial services guides easier for financial services and product providers.

Insurance
Davidson, Andrew, “Disclosure obligations to the ASX and to your D & O insurer” in Keeping Good Companies, vol 63 no 1, February 2011, pp43-47 (ID 42063)

An overview of continuous disclosure obligations under the Corporations Act (Cth).

Medical negligence
Lu, Andrew, “Foreign torts and Australian courts: the ‘clearly inappropriate forum’ test in the medical negligence context – case note: O’Reilly v Western Sussex NHS Trust” in Australian Health Law Bulletin, vol 19 no 1, January 2011, pp9-12 (ID 41944)

An overview of O’Reilly v Western Sussex Hospitals NHS Trust and the test of the clearly inappropriate forum.

Medical treatment
Trowse, Pip, “Refusal of medical treatment: a child’s prerogative” in Queensland University of Technology Law Journal, vol 10 no 2, 2010, pp191-212 (ID 42074)

Looks at issues concerning a child’s capacity to make decisions about their health care.

Personal property securities
Aitken, Lee, “Forget everything your mother told you about property law: the functional approach to personal property security” in Law Society Journal, vol 49 no 1, February 2011, pp56-58 (ID 42031)

An overview of the new NSW personal property securities legislation.

Security of payment
Elliott, Daniel and Rudge, Nick, “Judicial review for breach of natural justice under Victorian security of payment legislation” in Australian Construction Law Bulletin, vol 22 no 8, December 2010/January 2011, pp93-95 (ID 41776)

Case report on a recent decision of the Victorian Supreme Court in which it was held that an adjudication determination under the Building and Construction Industry Security of Payment Act 2002 (Vic) had not afforded the plaintiff natural justice.

Superannuation
Wall, Marita, “The Finch judgment: what it really means for SMSFs” in Australian Super News, no 1, January 2011, pp1-3 (ID 42072)

Provides details of the recent High Court case Finch v Telstra Super Pty Ltd.

Library hours

Monday-Thursday 8.30am – 6pm

Friday 8.30am – 5pm

Library contact details

Ph 9607 9360/1 Fax 9607 9359

Email library@liv.asn.au

Website www.liv.asn.au/library

Use the website to request, reserve and renew books, order copies of articles, request research assistance and access legal resources.

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