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Every Issue

Cite as: December 2012 86 (12) LIJ, p.68

New books and articles of interest from the LIV library.

ONSITE FACILITIES

  • Wide range of online legal databases
  • PCs with free internet access and commonly used software
  • Private study carrels with power for notebooks
  • Wireless internet access
  • Photocopiers
  • Members’ lounge
  • Staff assistance and advice in the use of resources.

SUMMER CLERK TOURS

The LIV Library is running lunchtime sessions to help summer clerks make the most of the Library’s resources. The Library boasts an extensive collection of hardcopy and online legal material and services, managed by specialised legal research librarians. Find out what information is available to you, where to look for it, and how to take advantage of the Library’s research facilities and training programs. Sessions are free. Small groups. Bookings essential. Refreshments provided. Contact Tasia on 9607 9364 or email TMitsinikos@liv.asn.au.

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. Conveyancing Watson, Malcolm, Conveyancing: The pitfalls. Seminar paper, February 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 74 W 3)

Introduction; Avoiding defects in vendor statements; Issues with owner–builders of domestic works; Issues with plans of subdivision; Acknowledgements.

Discrimination law Ronalds, Chris and Raper Elizabeth, Discrimination Law and Practice (4th edn), Federation Press, 2012 (Location: KM 208 R 1 4) Drafting Dowd, Graydon, Drafting Terms of Settlement and Releases. Seminar paper, March 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 388 G 1)

Introduction; What is a release?; Documenting a release; Checklist of provisions; Recitals; The optional indemnity; Construction of the release; Considerations for plaintiffs when settling with one of several potential defendants; General provisions; Covenant not to sue clause; GST clauses; Parties’ rights upon non-performance under the release; Terms of settlement; Conclusion; Forms and precedents.

Kallweit, Ines, Drafting Powers of Attorney. Seminar paper, July 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 25.2 I 1)

What is a power of attorney?; What different kinds of powers of attorney are there?; Choosing the attorney; Conditions limitations and instructions; When does an EPA begin?; Signing and witnessing the document; Revocation; Capacity; Conclusion.

Employment law Irving, Mark, The Contract of Employment, LexisNexis Butterworths, 2012 (Location: KN 192 I 1) Enforcement of judgments Bentley, Felicity, Enforcing Judgments. Seminar paper, 19 July 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 395.21 B 1)

Introduction; Oral examination; Attachment of debt/Garnishee order; Attachment of earnings order; Instalment order; Warrant to seize property; Warrant of seizure and sale; Winding up/bankruptcy.

Evidence Hoyne, Marcus, Rules of Evidence: What you need to know. Seminar paper, February 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 390 H 2)

Introduction; The UEAs and the common law of evidence; Legal professional privilege; Without prejudice privilege; Hearsay; Admissibility of expert evidence; Conclusion.

Family law Berger, Leon, Issues with Discovery and Disclosure in Family Law. Seminar paper, March 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 170 B 14)

Specific disclosure requirements at different stages of proceedings – Pre-action procedures, before the first court date, maintenance hearings and conciliation conferences; Claiming and challenging objections to the production of documents; Consequences of non-disclosure; Available options to a party to obtain further discovery.

Ingleby, Richard, Lieschke, Lance and Buchanan, Sue, Family Law Series: Child support forum. Seminar papers, 20 July 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 176.62 I 1)

Contains the following “mini” papers: When are binding child support agreements binding?; Child support assessments; Change of assessment process, appeals and the role of the Federal Magistrates’ Court.

Kourtis, Maria, How to run a successful family law file. Seminar paper, 26 June 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 170 K 1)

The first interview; Negotiation – children’s matters, financial matters; Litigation – general; Final hearings; Settlement and closure; Before you close; Costs; Communication with your client.

Intellectual property Reynolds, Rocque, Stoianoff, Natalie P, Adrian, Angela and Roy, Alpana, Intellectual property: Text and essential cases, Federation Press, 2012 (Location: KN 111 R 2 4) Lawyers Lamb, Ainslie and Littrich, John, Lawyers in Australia (2nd edn), Federation Press, 2011 (Location: KL 85 L 1 2) Legal practice management Black, Nicole, Cloud computing for lawyers, Law Practice Management Section, American Bar Association, 2012 (Location: KL 96.2 B 1) Kennedy, Dennis and Shields, Allison, Facebook in one hour for lawyers, Law Practice Management Section, American Bar Association, 2012 (Location: KL 96.2 K 2) Kennedy, Dennis and Shields, Allison, LinkedIn in one hour for lawyers, Law Practice Management Section, American Bar Association, 2012 (Location: KL 96.2 K 3) Owners corporation Graham, Tim, Owners Corporations – An update on strata legislation and case law. Seminar paper, February 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 63.3 G 1)

Commencement; Committee powers; Committee proxies; Standing; Service of documents; Managers’ costs; Case update.

Personal property securities Turner, David, Personal Property Securities Act 2009 - Attachment, perfection, priority and transfer. Seminar paper, March 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 106.4 T 2)

What is personal property?; Security interests, deemed security interests and excluded transactions; Security agreement; Attachment; Perfection; Proceeds; Priorities; Purchase money security interest (PMSI); Transfer, cut-off and extinguishment rules.

Pleadings Rose, William M. and Eastman, Roger (Editor), Pleadings without tears: A guide to legal drafting under the Civil Procedure Rules (8th edn), Oxford University Press, 2012 (Location: KN 380.3 R 1 8) Retail leases Hay, Robert, Retail leasing: An update on recent cases and decisions. Seminar paper, March 2012, Leo Cussen Institute for Continuing Legal Education, 2012 (Location: F KN 92 H 1)

Whether a breach of s52 of the Retail Leases Act 2003 is repudiatory conduct; The availability of set-off; When a tenant has parted with possession; Relief against forfeiture and the nature of an option; Whether a premises is a retail premises; s440C of the Corporations Act 2001 and landlords taking possession; Whether a liquidator can disclaim a tenant’s interest in a lease; Section 146 notices; Relief against forfeiture of head lease; Obtaining an additional term where there was no further option in the lease.

Statutory demands Umbers, Alison, Statutory demands: tricks and pitfalls. Seminar paper, 24 July 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 312.5 U 1)

Introduction; Statutory demands generally; Situations in which a statutory demand is not likely to be effective; Situations in which a statutory demand may not be effective; Scenarios in which a statutory demand is likely to be effective; Preparing a statutory demand; Defects in statutory demands.

Takeovers and mergers Merrett, Alexandra, Metcash: did it change anything? Seminar paper, 26 July 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 266 M 1)

Background; The ACCC’s case; Decision at first instance; Market definition; The counterfactual analysis; The ACCC appeals to the full court; Yates J; Buchanan J; Implications and observations; The meaning of “likely”.

ARTICLES

Articles may be requested online and will be emailed, faxed or mailed to members. Cloud computing Arasaratnam, Niranjan, Walsh, Margaret and Vincent, Joelle, “Cloud computing - what you need to know” in Agent, vol 45 issue 5, October/November 2012, pp18-19 (ID 48330)

Outlines the Australian Information Management Office’s best practice guides on cloud computing released in November 2011.

Computer software Golder, Tim, Gleeson, Jesse and Van Slyke, Brandon, “I, object: a landmark case in relation to software copyright” in Computers & Law, no 83, September 2012, pp1-5 (ID 48226)

A recent landmark decision that considered copyright protection for computer programs in Australia.

Construction law Campbell, Garth, “Carbon tax price increases in construction projects: can they be passed on to the principal?” in Australian Construction Law Bulletin, vol 24 no 6, August 2012, pp86-88 (ID 48229)

The article looks at the recent carbon tax legislation and its impact on the construction industry and whether any price increases can be passed onto the principal. It further outlines the ACCC penalties for any misleading and deceptive conduct regarding the carbon tax price increases.

Family law Lim, Patrick, “Obstacles to overcome in setting aside a property settlement” in Law Society Journal (NSW), vol 50 no 9, October 2012, pp64-66 (ID 48265)

Commentary and case law of Hann v Green, a recent Family Court decision outlining property settlements where there have been changed parenting arrangements. The author covers topics including: circumstance must be of an exception nature, time as a factor, hardship and discretion.

Wade, John, “The perils of prenuptial financial agreements: effectiveness and professional negligence” in Australian Family Lawyers, vol 22 no 3, pp24-29 (ID 48204)

Highlights issues when drafting prenuptial or during relationship agreements. Includes tables for termination and financial agreements under the Family Law Act.

Property law Griggs, Lynden and Low, Rouhshi, “Cutting down the cypress leylandii, pittosporums, and cotoneasters on your neighbours’ land — the resolution of spite hedges” in Australian Property Law Journal, vol 21 no 1, September 2012, pp1-13 (ID 48228)

Discusses common law provisions in Queensland, New South Wales and the UK which have enacted legislation to govern spite hedges. Victoria has opted for a non-legislative system for disputes between neighbours which this article addresses.

Mrizai, Nicholas and Kang, Samuel, “Systems of registration: synergies between Torrens and personal property securities regime” in Australian Property Law Journal, vol 21 no 1, September 2012, pp32-56 (ID 48225)

Highlights workings of the Torrens system of title and how it will fit in with the new personal property securities regime. Includes discussion on how practitioners who have worked with the Torrens register can transfer skills to working with the PPS register.

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: http://library.liv.asn.au

Use the website to request, reserve and renew books, order copies of articles, request research assistance and access legal resources.

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