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Reviews: LIV Library

Every Issue

Cite as: August 2015 89 (8) LIJ, p.62

In_reference

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.

Administration of estates
Stewart, Miranda and Flynn, Michael, Death and Taxes: Tax-effective estate planning (6th edn), Thomson Reuters (Professional) Australia, 2015 (KM 337.33 S 1 6)
Commercial law
Power, Michelle, Croft, Clyde, Watson, Andrew, CPD Intensive Commercial Law. Seminar papers, 26 March 2015, Law Institute of Victoria Continuing Professional Development, 2015 (F KN 250 P 1)
  • Drafting pitfalls – is your dispute resolution clause nonsensical? – International arbitration in Australia – Litigation funding – do we need a regulator?
  • Criminal law
    Kidd, Peter, Freiberg, Arie, de Kretser, Hugh, LIV CPD Intensive Criminal Law. Seminar paper, 26 March 2015, Law Institute of Victoria Continuing Professional Development, 2015 (F KM 500 K 1)

  • Complaints process and the Mental Health Commissioner – Changes to the Mental Health Act 2014 – Sentencing trends – Sentencing reform panel [no paper published] – One punch laws [no paper published]
  • Family law
    Australian Master Family Law Guide (7th edn), CCH Australia, 2015 (KN 170 A 1 7)

    Freedom of information
    Cremean, Damien J, Freedom of Information: What you need to know, LexisNexis Butterworths, 2015 (KM 209.I6 C 1)

    Intellectual property
    Tucak, Michael, Creek, Tim, Ryan, Caroline, CPD Intensive Intellectual Property Law. Seminar papers. 26 March 2015. Law Institute of Victoria Continuing Professional Development, 2015 (F KN 111 T 1)

  • Copyright law update in today’s digital world – Placing products and services into the marketplace – IP licensing and commercialisation (Licensing checklist only – no presentation paper) – Designs – Australian law and the global perspective.
  • Legal Profession Uniform Law
    Dealehr, Cate, Kirby, Joh, McFarlane, Tim, Essential Skills. Seminar paper, 26 March 2015, Law Institute of Victoria Continuing Professional Development, 2015 (F KL 82 D 2)

  • The uniform law and costs – Effective communication and plain English advice – The do’s and don’ts of negotiation
  • Meetings
    Lang, AD, Horsley’s Meetings – Procedure, law and practice (7th edn). LexisNexis Butterworths, 2015 (KN 164 H 1 7)

    Mental health
    Griffiths, Deidre, Barr, Lynne, Coulson, Carroll et al, LIV CPD Intensive Changes to the Mental Health Act 2014. Seminar paper, 26 March 2015, Law Institute of Victoria Continuing Professional Development, 2015 (F KN 155.3 G 1)

  • Complaints process and the Mental Health Commissioner – Changes to the Mental Health Act 2014 (continued). Includes an example of a Mental Health Tribunal Report on compulsory treatment form.
  • Workplace relations
    Dunlop, Catherine, Maloney, Michaela, Wood, Jane, CPD Intensive Workplace Relations. Seminar papers. 26 March 2015, Law Institute of Victoria Continuing Professional Development, 2015 (F KN 190 D 2)

  • What privacy is an employee entitled to? – Workplace investigations – the logistics – Tax on employment payments.
  • ARTICLES
    Articles may be requested online and will be emailed, faxed or mailed to members.

    Binding financial agreements
    Webb, Eileen, “Be cautious when negotiating by email – you may find you have entered into a binding agreement” in Australian Property Law Bulletin, vol 30 no 2, March 2015, pp27-29 (ID 59276)

  • Commentary on 2015 Western Australian Court of Appeal case Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd in relation to negotiating a commercial lease contract. Discusses the risks of using email for the contracts to avoid creating a binding agreement before documents are fully prepared.
  • Bullying
    Orr, Matthew, “Clarification on reasonable management action and bullying” in Governance Directions, vol 67 no 3, April 2015, pp173-175 (ID 59087)

  • The article identifies ways that managers can help protect themselves from liability when it comes to bullying claims as well as understand what obligations they have under the Work and Safety Act 2011 (Cth).
  • Cross-examination
    McKechnie, John, “Basic trial advocacy preparation for cross-examination” in Brief, vol 42 no 5, June 2015, pp20-24 (ID 59281)

  • Skills for mastering cross-examination in trials. Topics covered include the essential elements of the case, mode of impeachment, read your witness statements, and cross-examination from memory.
  • Discretionary trusts
    Leeming, Mark, “Chameleon-hued words: a note on discretionary trusts” in Australian Law Journal, vol 89 no 6, June 2015, pp371-374 (ID 59291)

  • Analysis of the meaning of discretionary trusts. Includes case notes.
  • Dispute resolution
    Brandon, Mieke, “Family dispute resolution: 12 steps for practitioners to minimise the risk of complaints” in Family Law Review, vol 5 no 1, April 2015, pp34-35 (ID 58969)

  • The author looks at the integral role that the family dispute resolution practitioner plays in the FDR process. Also contains strategies for each stage of the process to help minimise negative expectation and complaints.
  • Due diligence
    Ots, Julie, “Client due diligence” in Brief, vol 42 no 2, March 2015, pp8-9 (ID 59274)

  • Practical information on client due diligence for individual clients or clients as companies. Includes a flow chart giving an overview of the process required for the best client due diligence.
  • Electronic conveyancing
    “Electronic settlements – preparing your practice” in Proctor, vol 35 no 5, June 2015, pp20-21 (ID 59279)

  • Practical tips from the Queensland Law Society on preparing title documents as well as settlement of residential conveyancing matters using the PEXA system.
  • “Verification of identity (VOI) in a nutshell” in The Legal Executive, no 2, March/April 2015, pp18-19 (ID 59273)
    Practical information on the process of formally identifying parties to land transactions for paper and electronic conveyancing transactions.

    Intellectual property
    Chew, Richard, “Drafting effective IP licence agreements” in Inhouse Counsel, vol 19 no 3, May 2015, pp30-32 (ID 59080)

  • The article looks at important issues that arise with IP licensing agreements and provides assistance with drafting aspects such as termination and control provisions.
  • Legal capacity
    Peiros, Katerina and Smyth, Christine, “Clients, capacity and court proceedings” in Taxation in Australia, vol 49 no 8, March 2015, pp492-494 (ID 59277)

  • Commentary on the 2012 Victorian Supreme Court case of Pistorino v Connell & Others in relation to disputed wills of elderly clients and court proceedings.
  • Legal ethics
    Neill, Frank, “Morality at the core of being a good lawyer” in LawTalk, no 861, 27 March 2015, pp22-23 (ID 59275)

  • This article covers commentary, recommendations and statistics from a British study on the virtues of being an ideal lawyer. Includes a link to the full report.

    Legal Profession Uniform Law
    Carry, Glenda and Moffitt, Frances, “Effective communication: a meeting of the minds” in LSJ (NSW), May 2015, pp70-71 (ID 59271)

  • Commentary on s174(3) of the NSW Legal Profession Uniform Law in relation to costs disclosure. Includes 10 benefits of a good communication strategy.
  • Medical profession
    Bowen, Timothy, “Comfort for the good Samaritan” in Australian Health Law Bulletin, vol 23 no 2, March 2015, pp22-24 (ID 59020)

  • The recent case of Medical Board of Australia and Dekker [2013] WASAT 182 considered the issue of good Samaritan obligations for medical professionals and rendering assistance in motor vehicle accidents.
  • Real property
    Butt, Peter (ed), “When is land used or occupied?” in Australian Law Journal, vol 88 no 12, December 2015, pp837-838 (ID 59285 )

  • Commentary in relation to the 2013 case of Bride v Shire of Katanning from the WA Supreme Court of Appeal and the 2014 case NSW Aboriginal Land Council v Minister administering the Crown Lands Act from the NSW Land and Environment Court on used occupied and ownership in land claims.
  • Shareholders’ agreements
    Thornhill, Murray N and Renner-Hahn, Brent, “What to include in a shareholders’ agreement” in Governance Directions, vol 67 no 5, June 2015, pp291-294 (ID 59278)

  • Overview of provisions in a shareholders’ agreement, including alternative dispute resolution, deadlock provisions, pre-emptive rights, mandatory sale events, share valuation methods, confidentiality, put and call options, tag-along clauses and drag-along clauses.
  • Social media
    Wynn-Evans, Charles, “Social media and employment: can offensive personal tweets justify dismissal?” in Computers & Law Magazine of SCL, vol 25 no 6, February/March 2015, pp5-6 (ID 59272)

  • Report on the 2014 UK case of the Employment Appeal Tribunal in Game Retail Ltd v Laws discusses unfair dismissal in relation to offensive personal tweets on Twitter. Urbas, Gregor, “New Victorian laws on sexting come into effect” in Privacy Law Bulletin, vol 12 no 4, April 2015, pp92-94 (ID 58879)
    Looks at recent changes in Victorian legislation regarding the transmission of images via social media and points out privacy and consent issues.
  • Violence
    Hemming, Andrew, “Please mind the gap: an assessment of fatal one punch provisions in Australia” in Criminal Law Journal, vol 39 no 3, June 2015, pp130-147 (ID 59290)

  • Commentary on fatal one punch provisions in Australia – case law, legislation and common law provisions are discussed.
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