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Every Issue

Cite as: (2003) 77(8) LIJ, p.80

Library Helpdesk
Contact details

Library staff Sue, Shannon, Johanna and Josie can be contacted by phone, email or fax. We look forward to hearing from you and 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 website at http://www.liv.asn.au/ research. Or request research assistance or loans, find out about training, and gain access to other legal resources via the links provided.

New books and articles of interest from the Law Institute library.

Library Helpdesk
Contact details
Library staff Sue, Shannon, Johanna and Josie can be contacted by phone, email or fax. We look forward to hearing from you and 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 website at http://www.liv.asn.au/ research. Or request research assistance or loans, find out about training, 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
Aronson, Mark and Dyer, Bruce, Judicial Review of Administrative Action (2nd edn), LBC Information Services, 2000. (Location KM 306 A 2 2)

Aged care
Brophy, Elizabeth and Harcourt, Victor, Residential Aged Care, Leo Cussen Institute, 2003. (Location F KN 182.1 B 1)

Bullying
Browne, Meagan, Betteridge, Joanna and Field, Evelyn, Legal Update: Workplace bullying. Seminar paper, 26 May 2003, Law Institute of Victoria, 2003. (Location F KN 198.7 B 1)

Child support
Bowen, Jan, Child Support: A practitioner’s guide (2nd edn), Lawbook Co, 2002. (Location KN 176.62 B 1 2)

Commercial law
Gillies, Peter, Business Law (11th edn), Federation Press, 2003. (Location KN 250 G 1 11)

Contracts
Heffey, Peter, Patterson, Jeannie and Robertson, Andrew, Principles of Contract Law, Lawbook Co, 2003. (Location KN 10 H 3)

Conveyancing
Park, Richard et al, Conveyancing and Vendor’s Statements. Seminar paper, 7 April 2003, Leo Cussen Institute, 2003. (Location F KN 74 P 1)

Corporate crime
Clough, Jonathan and Mulhern, Carmel, The Prosecution of Corporations, Oxford University Press, 2003. (Location KM 540.4 C 1)

Criminal procedure
Perry, Max, Hampel on Advocacy: A practical guide to basics (reprint edn with amendments), Leo Cussen Institute, 2002. (Location KL 93 P 2 2)

Employment law
Price, Rohan, Employment Law in Principle, Lawbook Co, 2002. (Location KN 192 P 1)

Ex-servicemen
Creyke, Robin and Sutherland, Peter, Veterans’ Entitlements Law, Federation Press, 2000. (Location KN 181.7 C 1)

Family law
Lefebvre, Michael et al, Family Law: Financial matters, running a legal aid file. Seminar paper, 20 May 2003, Law Institute of Victoria, 2003. (Location F KN 173 L 1)

Financial services
Horgan, Sharon, Horgan’s Law of Financial Services, Lawbook Co, 2003. (Location KN 308 H 2)

Human rights
Flynn, Martin, Human Rights in Australia: Treaties, statutes and cases, LexisNexis, 2003. (Location KC 200 F 1)

Insolvency
Coburn, Niall F, Coburn’s Insolvent Trading: Global investment fraud and corporate investigations (2nd edn), Lawbook Co, 2003. (Location KN 312 C 1 2)

Duns, John, Insolvency: Law and policy, Oxford University Press, 2002. (Location KN 310 D 1)

Insurance contracts
Mann, Peter and Lewis, Candace, Annotated Insurance Contracts Act (4th edn), Lawbook Co, 2002. (Location KN 290 M 4 4)

Intellectual property
Reynolds, Rocque and Stoianoff, Natalie P, Intellectual Property: Text and essential cases, Federation Press, 2003. (Location KN 111 R 2)

Juvenile justice
Omaji, Paul O, Responding to Youth Crime: Towards radical criminal justice partnerships, Hawkins Press, 2003. (Location KM 507 Q12 O 1)

Legal professional privilege
Archibald, Christopher, Legal Professional Privilege, Leo Cussen Institute, 2003. (Location F KN 386 A 1)

Magistrates’ courts
White, Rob, Litigation: Conducting civil litigation in the Magistrates’ Court. Seminar paper, 13 May 2003, Law Institute of Victoria, 2003. (Location F KN 366 W 1)

Retail tenancies
Retail Leases Reform in Victoria, Television Education Network, 2003. (Location V 186 – Video)

Succession
Uniform Succession Laws: Recognition of interstate and foreign grants of probate and letters of administration. NSW Law Reform Commission, 2002. (Location NSWLRC IP 21)

Trade secrets
Dean, Robert, The Law of Trade Secrets and Personal Secrets (2nd edn), Lawbook Co, 2002. (Location KN 114.3 D 1 2)


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.

Age discrimination; Employment
Ratnam, Amanda, “Federal government’s proposed age discrimination legislation” in Employment Law Bulletin, vol 9 no 2, May 2003, pp13-17. (ID No 3657)

The federal government is investigating the viability of comprehensive age discrimination legislation. This article outlines the current legislative situation in the states and explores the federal government’s proposals.

Building law; Limitation of actions
Morgan-Payler, James, “How long do you really have to sue for defective work?” in Australian Construction Law Bulletin, vol 15 no 3, April 2003, p30. (ID No 3652)

Section 134 of the Building Act 1993 establishes a 10-year time limit for the commencement of defective work claims. The s134 limit is discussed in relation to the six-year limitation period under the Limitation of Actions Act.

Discovery; Documents; Legal professional privilege
Mildred, Mark, “Document retention, destruction and discovery” in Australian Product Liability Reporter, vol 14 no 3, May 2003, pp33-36. (ID No 3667)

Document retention and destruction are discussed in relation to last year’s British American Tobacco Australia Services (BATAS) litigation.

Employees; Contractors; Employment agencies
“Labour hire workers: what are the issues?” in Human Resources News, issue 270, 27 May 2003, pp4-5. (ID No 3666)

Labour hire agencies hire out labour hire workers to client companies. These workers are usually employed by the agencies as casuals or independent con tractors. This article considers their employment status.

Employment; Duty of care; Vicarious liability
Hall, Ben and Cooke, Sam, “Employers not liable for intentional wrongs: the limits of non-delegable duties” in Employment Law Bulletin, vol 9 no 1, March/April 2003, pp3-5. (ID No 3653)

Early in 2003 the High Court heard three actions for damages involving the physical and sexual abuse of students by teachers during school hours. The Court considered the scope of the school authority’s duty of care to a pupil in circumstances of intentional wrongdoing by an employee/ teacher.

Negligence; Occupier’s liability; Assault and battery
Prasad, Renu, “Occupier’s liability and control over criminal acts” in ALMD Advance, no 9, 15 May 2003, pp3-4. (ID No 3654)

In Gordon v Tamworth Jockey Club, the NSW Court of Appeal considered the extent of the vicarious liability of an employer for an employee’s actions, and the scope of a landowner’s duty as an occupier of land, in relation to the criminal conduct of an employee.

Practice management; Information technology
Jolly, Richard, “People risks and practice management implementation” in Computers and Law, vol 14, issue 1, April/May 2003, pp6-7. (ID No 3656)

The author suggests a new practice management system is unlikely to live up to its promise unless it is understood and accepted by end-users.

Professional associations; Conferences
Hook, Alison, “Why the Commonwealth matters” in Law Society Gazette, 100/18, 9 May 2003, p15. (ID No 3660)

Director of the Law Society of England and Wales international department Alison Hook comments on the importance and potential of the Commonwealth Lawyers Association in the wake of its 2003 conference in Melbourne.

Prosecutions; Evidence; Res judicata
McDonald, Stephen, “Law and justice – double jeopardy” in Law Society Bulletin (South Australia), vol 25 no 4, May 2003, pp19-23. (ID No 3670)

This article asks whether it is really necessary to review the double jeopardy rule in Australia.

Unconscionable conduct; Landlord and tenant

Wilson, Tony, “Landlord’s hard bargain not unconscionable” in Australian Property Law Bulletin, vol 17 no 9, 2003, pp77-81. (ID No 3662)

A case note on Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd [2003] HCA 18, on appeal from a decision of the Full Court of the Federal Court. The tenants of a retail premises leased from the respondents wished to sell their business. To facilitate the sale they asked the landlord to grant a new lease with an option to renew. The respondents agreed to grant a new lease on the condition that the tenants discontinued pending legal proceedings against them. The ACCC took action in the Federal Court to determine whether the landlord’s conduct was unconscionable.

Johanna Ratcliff
Reference Librarian


library@liv.asn.au

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