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inreference (articles)

Every Issue

Cite as: (2002) 76(11) LIJ, p.74

Contact details
Library staff Sue, Johanna and Josie look forward to assisting with your inquiries.
Phone 9607 9360/1
Fax 9607 9359
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A reference librarian is available every Monday and Wednesday evening until 7.30pm to assist with your inquiries.
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Search the library’s catalogue and the index to the LIJ via the Law Institute’s homepage at http://www.liv.asn.au/research.
Request research assistance or items from the collection via the website and gain access to other legal resources via the links provided.
Training
The library offers a range of Internet and legal research training courses.
Find out more on the LIV website http://www.liv.asn.au/research or by contacting the library staff.

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.

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Keehn, Merv and Wilson, Richard, Trade Practices Series. Enforcement and remedies. Seminar papers, August 2002, Leo Cussen Institute, 2002. (Location F KN 266.15 K 1)

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Bastianon, Mathew and Rubenstein, Simon, ASIC Enforcement. Seminar papers, August 2002, Leo Cussen Institute, 2002. (Location F KN 266.15 B 1)

CAVEATS

Hayes, Paul J, Caveats, Leo Cussen Institute, 2002. (Location F KN 72 H 1)

COPYRIGHT

Findlay, Belinda, Commercial Law: Copyright. Seminar paper, July 2002, Law Institute of Victoria, 2002. (Location F KN 112 F 1)

CRIMINAL INJURY COMPENSATION

Salvatore, Amanda and Manson, Susan, Victims of Crime. Seminar papers, July 2002, Leo Cussen Institute, 2002. (Location F KM 593 S 1)

DISCRETIONARY TRUSTS

Quay, Wendy, Commercial Law: Discretionary trusts. Seminar paper, 2 July 2002, Law Institute of Victoria, 2002. (Location F KN 214.6 Q 5)

EMPLOYMENT LAW

Cooley, Paul, Hollingsworth, Carmen, and Jackson, Ross, Protecting Your Business from Your Employees. Seminar papers, August 2002, Leo Cussen Institute, 2002. (Location F KN 192.1 C 1)

FAMILY LAW

Royston, Peter and Lefebvre, Michael, Financial Matters: Drafting applications for child maintenance and child support. Seminar papers, 18 June 2002, Law Institute of Victoria, 2002. (Location F KN 173.2 R 3)

Butler, Daniel and Mawson, Ian, Family Law. Superannuation: the new scheme. Seminar paper, July 2002, Law Institute of Victoria, 2002. (Location F KN 173 B 1)

FINANCIAL STATEMENTS

Langhammer, Michael, Understanding Financial Statements. Seminar paper, 17 July 2002, Law Institute of Victoria, 2002. (Location F KN 307.2 L 1)

IMMIGRATION

Fisher, Paul, Current Migration Law Series. On-shore refugee humanitarian program. Seminar paper, July 2002, Law Institute of Victoria, 2002. (Location F KM 176 F 2)

LEGAL LOGIC

Enright, Christopher, Legal Technique, Federation Press, 2002. (Location KL 90 E 1)

MAGISTRATES’ COURT

White, Robert, Conducting Civil Litigation in the Magistrates’ Court. Seminar paper, 9 July 2002, Law Institute of Victoria, 2002. (Location F KN 350 W 1)

PLANNING

Lonie, Ian, Rescode: One year on. Seminar paper, August 2002, Leo Cussen Institute, 2002. (Location F KN 96 L 1)

PROPERTY

Croft, Clyde, et al, Approaches to Retail and Commercial Leases, Leo Cussen Institute, 2002. (Location KN 92.6 C 6)

RETIREMENT VILLAGES

Phillips, Robert, Wittick, Max, and Hoystead, Brendan, Retirement Law Series 2002. Retirement accommodation: contracts and agreements. Seminar paper, August 2002, Leo Cussen Institute, 2002. (Location F KN 185.17 N8 P 1)

Brophy, Elizabeth and Low, Wai Hwoon, Retirement Law Series 2002. Retirement accommodation: the legislative framework. Seminar paper, July 2002, Leo Cussen Institute, 2002. (Location F KN 185.17 N8 B 1)

SALE OF BUSINESS

Pinch, Jeffrey and Stevens, Steven, Buying and Selling a Business: Financing the purchase and stamp duty. Seminar paper, August 2002, Leo Cussen Institute, 2002. (Location F KN 279 P 1)

TRADE PRACTICES

Ross, Brad and Wilhelm, Jane, Trade Practices Series 2002. Part V and Part VA: product safety and product liability. Seminar papers, July 2002, Leo Cussen Institute, 2002. (Location F KN 39.P6 R 1)

TRAFFIC OFFENCES

Walsh-Buckley, Warwick J and Marquis, John, Drink-drive update. Seminar papers, July 2002, Leo Cussen Institute, 2002. (Location F KM 565 W 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.

BUILDING CONTRACTS; RISK INSURANCE

Mead, Patrick, “Recent developments in contract works insurance” in Insurance Law Journal, vol 13 no 3, 2002, pp209-228. (ID No 3543)

Contract works insurance plays an important role in risk allocation under modern construction contracts. The writer considers recent decisions in relation to circuity of action and waiver of subrogation, applicability of dual insurance where there is “principal controlled” cover and damages for breach of contract for failing to note other parties’ interests.

CAPITAL GAINS TAX; GOODS & SERVICES TAX; JUDGMENTS

Bevan, CJ, “GST and CGT: implications for judgements” in Australian Bar Review, vol 22 no 3, 2002, pp192-216. (ID No 3549)

A discussion of the direct and indirect taxation treatment of judgments. “Judgments” is used as a collective term, which includes all court orders and judgments, tribunal awards, out-of-court settlement agreements and compensation payments.

CHILD WELFARE; FAMILY LAW

Chisholm, Richard, “‘The paramount consideration’: children’s interests in family law” in Australian Journal of Family Law, vol 16 no 2, 2002, pp87-115. (ID No 3537)

This article explores the meaning and application of the paramount consideration principle with reference to case law.

CONFIDENTIAL INFORMATION; CONTRACTS; CONTRACTUAL OBLIGATIONS

Penk, Alex, “Contractual protection of information” in New Zealand Law Journal, August 2002, pp275-277. (ID No 3539)

Contractual obligations of confidence are being used to protect information that is not objectively confidential.

CONTRACTS; AGREEMENTS; INTERPRETATION

Doyle, Stephen and Mulgrew, Kym, “What do ‘best endeavours’, ‘reasonable endeavours’ and ‘all reasonable endeavours’ mean?” in Australian Corporate Lawyer, vol 12 no 2, September 2002, pp11-13. (ID No 3548)

A comparison of Australian and English judicial interpretation of the terms “best endeavours”, “reasonable endeavours” and “all reasonable endeavours”.

DRUG RELATED CRIMES; CRIMINAL JUSTICE

Edney, Richard, “The Victorian Drug Court: an overview” in Bourke’s Criminal Law News Victoria, vol 2 no 5, 2002, pp33-36. (ID No 3536)

A Victorian Drug Court is now operating at Dandenong Magistrates’ Court. The Court has been given a three-year trial period. Amendments to the Sentencing Act have facilitated the creation of a new sentencing order, called a Drug Treatment Order.

FINANCIAL SERVICES

Adams, Michael A, “Financial sector reform and professional advice” in Commercial Law Quarterly, vol 16 no 3, September–November 2002, pp20-26. (ID No 3540)

This article discusses “financial product advice” in relation to the Financial Services Reform Act 2001 (Cth). Some advice given by lawyers is specifically excluded from the scope of “financial product advice” under the Corporations Act.

GLOBALISATION; LEGAL SERVICES

Davis, Christopher, “Future of legal services: key drivers for change” in International Bar News, vol 56 no 3, August 2002, pp19-21. (ID No 3550)

A quantum shift has begun in the global legal sector. The legal business model will be radically remodelled.

HOME OFFICES; INFORMATION TECHNOLOGY

Ziffer, Dan, “Start it up!” in Communique, issue 140, October 2002, pp16-18, 20. (ID No 3541)

This article looks at technology required for telecommuting (working from home).

LEGAL PROFESSION

Cauchi, Louise, “An obligation to serve? Ethical responsibilities and the legal profession” in Law Society Bulletin (South Australia), vol 24 no 8, September 2002, pp18-19. (ID No 3535)

The spirit of the public service in the legal profession is the focus of this article.

MINORITY SHAREHOLDERS; DISPUTE RESOLUTION; REMEDIES

Farrar, John H and Boulle, Laurence J, “Minority shareholders remedies: shifting dispute resolution paradigms” in Bond Law Review, vol 12 no 2, December 2002, pp272-304. (ID No 3551)

This article provides an analysis of the “rights”-based and “interest”-based approaches to minority shareholders remedies. The potential role of alternative dispute resolution is discussed.

JOHANNA RATCLIFF

REFERENCE LIBRARIAN

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