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inReference

Every Issue

Cite as: April 2012 86 (04) LIJ, p.70

New books and articles of interest from the LIV library.

CAN WE HELP YOU?

Have you ever pondered the questions:

  • “Has the LIJ published articles about fences?”
  • “Do you have a precedent for a lease of farm land?”
  • “Where do I find forms or precedents for a reseal of probate?”
  • “Are you able to assist us with locating these two old cases – Re Street (1870) LR 10 Eq 165 and Re Nelson (1885) 30 CD 1?. They relate to bills of costs.”

Has it been a while since you performed research and are too afraid to ask your colleagues? Or are you snowed under by work and can’t meet the deadline?

The LIV librarians have extensive research and reference skills to meet the professional information needs of the legal profession. Using our extensive online and hardcopy legal resources, we can check a reference, search for relevant precedents, research legislation and Hansard. We also perform more complicated research on your behalf, or are happy to point you in the right direction.

Check out the library link at www.liv.asn.au/Library to see what we can do for you.

RESEARCH REFRESHER

Refresh your research skills or improve your familiarity with online legal resources with one-to-one training at a time that suits you. These hour-long training sessions will suit new or experienced legal practitioners, support staff and those returning to practice after a career break.

For more information please contact tmitsinikos@liv.asn.au or ph 9607 9364.

NEW BOOKS, SEMINAR PAPERS & 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.

Commercial law
Hairsine, Graeme, Wisely, George and Caraher, Sarah, LIV Spring Program 2011. Commercial law. Seminar papers, 26 October 2011, Law Institute of Victoria, 2011 (Location: F KN 250 H 4)
Contents: Cloud computing, privacy and records management; Tips and traps for IP and IT lawyers; Anton Pillar orders; Improving accountability on director and executive remuneration.
Conflict of laws
Leeming, Mark, Resolving Conflict of Laws, The Federation Press, 2011 (Location: KC 2000 L 1)
Environment
Thomas, Ian and Murfitt, Paul, Environmental Management: Processes and practices for Australia (2nd edn), The Federation Press, 2011 (Location: KN 94 T 2)
Family law
Englefield, Leonie, Australian Family Provision Law, Thomson Reuters (Professional) Australia, 2011 (Location: KN 125.6 E 1)
Serisier, Ian and Altobelli, Tom, Practising Family Law, LexisNexis Butterworths, 2012 (Location: KN 170 S 3)

Includes a chapter on the effects of the Personal Property Securities Act 2009 (Cth) on family law.

Staindl, Paul, Altobelli, Tom et al, 5th Annual Family Law Conference. Seminar papers, October 2011, Television Education Network (TEN), 2011 (Location: F KN 170 S 9)
Contents: The definition of de facto relationship – are we making progress?; Splitting the super – how to avoid your client being fleeced; Trusts involving extended family members – the scope and limitations of the Family Law Act; Estate planning essentials for family lawyers; Valuing a family business for family law purposes; Strategies to recognise existing Division 7A problems and to avoid creating new ones; Parenting laws – the family violence reforms – where are we heading?; Parenting orders for very young children – attachment theory and other influences; Spouse’s time entitlement: using interim parenting orders and contravention applications; An ethical dilemma for the family lawyer – clients who frustrate the family law process; Third party obstruction in family property matters: how to manage it.
Intellectual property
Samargis, James and Turner, David, IP Litigation – Tips and Traps. Seminar paper, October 2011, Law Institute of Victoria, 2011 (Location: F KN 111 S 4)
Contents: How much reliance can be placed on the IP registration or other IP right?; Parties – who are the correct parties? Who is suffering the damage?; When to sue the director/s? Does personal liability attach?; How strong are any defences to infringement?; Identifying the field of the invention and appointing an expert; Expert evidence and initial contact; Timing of evidence and evidence generally; Negotiations/offers of compromise/Calderbank offers/open offers.
Personal property securities
Turner, David, Introduction to Personal Property Securities. Seminar paper, November 2011, Law Institute of Victoria, 2011 (Location: F KN 106.4 T 1)
Contents: Concept of a security interest; Deemed security interests; Excluded transactions; Meaning of personal property; Nature of a security interest; The security agreement; After-acquired property; Future advances; Attachment; Perfection; Proceeds; Priorities; Purchase Money Security Interests (PMSIs); Transfer, cut off or extinguishment rules.
Practice management
Pakula, Jennifer and Lacono, Danielah, Practice Management – Understanding the Complaints Process. Seminar paper, December 2011, Law Institute of Victoria, 2011 (Location: F KL 82 P 1)
Contents: The Legal Services Commissioner and complaints about lawyers; What do people complain about?; How does the LSC deal with complaints?; Ways of dealing with complaints; What can I expect if the complaint is investigated?; How does the LSC deal with civil disputes?; How can I expect the LSC to deal with complaints involving informal disputes and minor conduct issues?
Social networking
Browning, John G, The Lawyer’s Guide to Social Networking: Understanding social media’s impact on the law. Aspatore, 2010 (Location: KN 340 B 1)
Trusts
Dal Pont, GE, Equity and Trusts in Australia, Thomson Reuters (Professional) Australia, 2011 (Location: KN 200 D 1 5)
Gaal, John, Discretionary Trust Distributions 2011: The essential practitioners’ manual post-Bamford, The Tax Institute, 2011 (Location: KN 214.6 G 1)
Harwood Andrews Lawyers and Taxation Institute of Australia, Trust Structures Guide 2011: The ultimate resource for anyone advising on trusts, structuring and planning issues, Taxation Institute of Australia, 2011 (Location: KN 210 T 3 7)
Wills and estates
Monahan, Robert, Gorrick, Martin et al, 2nd Annual Wills and Estates Conference. Seminar papers, August 2011, Television Education Network (TEN), 2011 (Location: F KN 125 M 6)
Contents: Choosing executors and trustees – legal and practical considerations; Placing the family home in a testamentary trust: when does it make sense?; Mutual wills: when should they be used?; Grants of probate – common problems (NSW); Grants of probate – common problems (Qld); Grants of probate – common problems (Vic); The money or the gun: death, killing, forfeiture and inheritance; Family trusts – fights over the family trust after death; Professional negligence claims in wills and estates matters; Mediations: the care and feeding thereof; The jurisdictional limits of family provision legislation and intestacy law; Family provision cases: recent developments.

NEW MULTIMEDIA

Risk management
Antill, Richard, Powell, Kim et al, 2011 Risk Management Intensive Program 17 August 2011, Legal Practitioners’ Liability Committee, 2011 (Location: DVD KB 105 A 1)
Contents: Personal property securities – what it means for you; Maximising profitability by minimising risk; Building resilience to stress; A tale of three solicitors (legal ethics); Claims from emails and other tech travails; Continuing conveyancing claim conundrums.

ARTICLES

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

Legal ethics
Selvendran, Mitheran, “The lawyer’s duty of loyalty: a convergence in NSW and Victorian law” in Law Society Journal (NSW), vol 50 no 1, February 2012, pp46-47 (ID 45556)

Discussion on the conflict of laws between New South Wales and Victoria in relation to the ethics of the lawyer/client relationship and possible breaches of confidentiality, especially in relation to acting for former clients. Includes case notes.

Personal property securities
Davidson, Ian, “Overview of the new personal property securities law” in Australian Bar Review, vol 35 no 2, 2011, pp93-115 (ID 45267)

A general overview of the new personal property securities law, including commentary on the history, structure, definitions and terms, security interests, insolvency, enforcement, the PPS register and transitional provisions of the new regime.

Rafferty, Matthew, “The new Personal Property Securities Act: what it means for landlords” in Australian Consumer Credit News, no 74, 6 January 2012, pp1-4 (ID 45299)

Commentary on the effects of the new Personal Property Securities Act on landlords.

Social networking
Dent, Georgina, “More than social” in Business Review Weekly, vol 34 no 3, February 2-8, 2012, p44 (ID 45552)

How to implement a social media policy and points to consider when creating one.

Howell, Denise, “10 reasons to use Google+” in Law Practice, vol 38 no 1, January/February 2012, pp48-49 (ID 45237)

Ten reasons for using Google+, including privacy, post length, linking and photographs, spam-free set up and mobility of service.

Superannuation funds
Westover, Liz, “Winding up a fund” in Charter, vol 83 no 1, February 2012, p53 (ID 45554)

Commentary on winding up a self-managed superannuation fund, including information about the new ATO guide “Winding up a self-managed super fund – what you need to know”.

Wills
O’Sullivan, Bernie, “The new world of international wills” in Taxation in Australia, vol 46 no 7, February 2012, pp292-293 (ID 45521)

An overview of Australia’s accession to the International Institute for the Unification of Private Law (UNIDROIT). Explanation of the aim and commencement of the Wills Amendment (International Wills) Bill 2011 and features of an international will.

Library hours

Monday-Thursday: 8.30am – 6pm
Friday: 8.30am – 5pm

Library access

LIV members can use their member cards to gain convenient access to the library. Simply swipe your member card at the entrance to the library.

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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