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2020/21 Membership Year

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Every Issue

Cite as: April 2015 89 (4) LIJ, p.70

New books and seminar papers

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. CostsHonan, Lyn, Boucher, Dale, Dealehr, Cate et al, National Costs Lawyers Conference 2015. Seminar papers, 6 February 2015, Law Institute of Victoria, 2015 (Location: F KN 397 H 5)

Keynote address – The legal profession uniform laws – costs issues for lawyers – The function and operation of Funds in Court in Victoria – Recent developments in costs law from around Australia – Drafting terms and settlement and releases – Risk management strategies for legal practice – Ethical issues for costs lawyers: Forms & precedents,Release and Indemnity – Terms of settlement.

Insurance lawSutton, Kenneth, Enright, Ian and Merkin, Robert, Sutton on Insurance Law, (4th edn), Thomson Reuters (Professional) Australia, 2015 (Location: KN 290 S 2 4)Legal historyMason Keith, Old law, New Law: A Second Australian Legal Miscellany, Federation Press, 2014 (Location: KB 34 M 4)MultimediaMilne, Miranda, Rose, Mathew, Hibberd, Heather et al, 2014 Risk Management Intensive Program. Seminar video and papers, 24 July, 30 July, 5 August 2014, Legal Practitioners’ Liability Committee, 2014 (Location: DVD KB 105 M 3)

Introduction and website update – Looking after mum: the deals that families do – Ethical dilemmas – Stand and deliver – Handing files over – Ten time limits that might surprise you – Detecting deception – Commercial litigation: managing the client and the case – Old mistakes and new laws – risk management for property lawyers.


Articles may be requested online and will be emailed, faxed or mailed to members. Cloud computingAlexander, Charles and McGovern, Lucy, “The cloud: the problem for data processors” in Privacy Law Bulletin, vol 11 no 10, November/December 2014, pp198-201 (ID 57831)

A comparative article between Australia and the United Kingdom in relation to data protection and privacy in the wake of the recent issues surrounding Apple’s iCloud, where computer hackers accessed celebrity photographs. The article discusses four different scenarios.

Consumer protection“NHR at a glance: National Hardship Register” in Agent, vol 47 no 6, December 2014-January 2015, pp19 (ID 57907)

A brief summary of outcomes from the pilot of the National Hardship Register.

CopyrightWilliams, Michael and Smith, Rebecca, “Searching for the silver bullet: how website blocking injunctions are changing online IP enforcement” in Australian Intellectual Property Journal, vol 25 no 2, December 2014, pp59-73 (ID 57880)

Commentary on site blocking in the United Kingdom, Europe and Asia to prevent copyright infringements in the digital environment, and how Australia can implement a system.

Cyber lawForrest, Daniel, Lincoln, Julian, and Hoy, Georgina, “Cyber security model clauses” in Internet Law Bulletin, vol 17 no 9, November 2014, pp216-217 (ID 57862)

Discusses contracts with federal government agencies which require general security procedures under the Protective Security Policy Framework (PSPF).

Discretionary trustsHart, Michael, “Discretionary trust validity and default beneficiaries” in Taxation in Australia, vol 49 no 5, November 2014, pp261-262 (ID 57864)

This article examines the law relating to discretionary trusts, trading entities for asset protection and takers in default.

Employment contractsNielsen, Toby, “Mutual trust and confidence negated” in Proctor, vol 34 no 10, November 2014, pp28 (ID 27833)

This article discusses a 2014 High Court case of Commonwealth Bank v Barker in relation to employment contracts, mutual trust and confidence.

Employment lawLiu, Xueying Shirley, “Anti-bullying provisions in the Fair Work Act: operation and cases” in Employment Law Bulletin, vol 20 no 10, December 2014, pp149-154 (ID 57829)

Commentary and case law on anti-bullying provisions under the Fair work Act, includes discussion on the legislative provisions, definition of bullying worker, constitutionally covered business, not for profit business, as well as the remedies and implications for current anti-bullying provisions for both employees and employers.

Family lawSomers, Renuka, “Navigating family law settlements” in Taxation in Australia, vol 49 no 5, November 2014, pp269-272 (ID 57863)

Commentary on taxation and trust issues when structuring family law settlements.

Human resourcesCraig, Fiona, “It shouldn’t be legal – profit from powerful positioning” in LSJ (NSW), no 8, February 2015, pp46 (ID 57895)

Some tips for career strategies to put you ahead of the pack.

Implied termsRichardson, Kristy, “Is there an implied terms of mutual trust and confidence in employment contracts” in Queensland Lawyer, vol 34 no 4, December 2014, pp160-163 (ID 57905)

Commentary on the 2014 High Court case of Commonwealth Bank of Australia v Barker in relation to mutual trust and confidence in employment contracts.

Income taxSievers, Chris, “Taxpayer’s eBay activities an enterprise” in GST News, iss 10, 6 November 2014, p1 (ID 57709)

An Administrative Appeals Tribunal decision found that eBay activities were sufficient to constitute an enterprise and liable for GST and income tax.

LawNicholson, Alastair, Vagg, Mari, Snell, Liz, et al, “Ten laws that need to change in 2015” in LSJ (NSW), no 8, February 2015, pp24-35 (ID 57893)

Ten articles by various authors entitled – 1. Migration Act 1958 (Cth) – 2. Victims’ rights – 3. Mandatory sentencing – 4. The Australia tax and geoblocking – 5. Farm debt mediation – 6. Medical Marijuana – 7. Class actions – 8. Constitutional recognition of Indigenous Australians – 9. Consorting and organised crime – 10. Driving and mobile phones.

MarketingBoocock, James, “The best online marketing trends to watch in 2015” in LSJ (NSW), no 8, February 2015, p50 (ID 57903)

Some tips and trends in online marketing for 2015.

Mental heathBorissenko, Sasha and Sim, Elliott, “Mental illness in the legal profession” in LawTalk, no 855, 21 November 2014, pp4-7 (ID 57859)

Discussion and anecdotal cases of mental illness in lawyers. This New Zealand article covers the issues when the authors spoke to health professionals and practitioners.

MetadataWilliams, George and Hardy, Kerian, “National security reforms stage three: metadata” in LSJ (NSW), no 8, February 2015, pp70 (ID 57906)

An overview of the 2014 Commonwealth Telecommunications (Interception and Access) Amendment Bill, in relation to metadata. Discusses what is metadata, who will be able to access metadata and how will metadata be accessed?

MortgageesDixon, Bill, “Mortgagee’s failure to take reasonable care to sell at market value” in Queensland Lawyer, vol 34 no 4, December 2014, pp151-153 (ID 57909)

Commentary on the 2013 NSW case of ANZ Banking Group v Pola, a warning to Queensland Mortgagees of their obligations when exercising power of sale.

Office managementWatson, Jeanette, “Lawyers ending their love affairs with paper” in LawTalk, no 857, 30 January 2015, p24 (ID 57892)

Overview of the author’s experience of creating an office that uses less paper.

Owners corporationGraham, Tim, “The apportionment of owners corporations expenses: an analysis of the benefit principle and Mashane” in Australian Property Law Bulletin, vol 29 no 9, November 2014, pp164-166 (ID 57891)

Discusses the decision of Mashane in VCAT on payment or apportionment expenses to each individual lot owner in a subdivision. How should the expenses be divided up?

PrivacyPathi, Devita, “Not my face! A discussion on the right of privacy in an individual’s image” in Privacy Law Bulletin, vol 11 no 10, November/December, 2014 pp186-188 (ID 57858)

Looks at scenarios of case studies where individuals’ images have been published. Both international and Australian case law.

RoyaltiesKwong, Jennifer, “The limitation the Australian resale royalty scheme and its implications for artists” in Australian Intellectual Property Journal, vol 25 no 2, December 2014, pp93-106 (ID 57897)

Discusses Resale Royal Rights Scheme in Australia including its limitations and what it means for future income for visual artists and craft practitioners.

Taxation“Definition of ‘Australia’ rewritten” in GST News, iss 10, 6 November 2014 p2 (ID 57712)

Amendments have been introduced to simplify the definition of “Australia” for taxation purposes.

Termination of employmentO’Sullivan, Daniel, “Commonwealth Bank of Australia v Barker: High Court rules out the implication of the term of mutual good faith and confidence” in Workplace Review, vol 5 Spring 2014, pp90-92 (ID 57713)

Commentary on a High Court decision where employment was terminated on account of redundancy. Discusses breach of the implied term of mutual good faith and confidence.


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