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inReference (articles)

Every Issue

Cite as: December 2013 87 (12) LIJ, p.76

New books and articles of interest from the LIV library.

HeinOnline

http://heinonline.liv.asn.au/HOL/Welcome

HeinOnline is the world’s largest image-based legal research collection, containing more than nine centuries of legal history and covering more than 1600 law and law-related periodicals (with mostly international content). Searching can be done by title, country, subject and interestingly, most cited. Hein’s Scholar Check feature allows you to view articles that have heavily influenced or impacted on a particular subject simply by clicking its icon, which then generates a list of articles that cite the document. Articles that are accessible can be saved as full-text PDF documents.

HeinOnline is available remotely for LIV members who would like to use it from their desktop. Log in using your LIV membership logon details.

New books, multimedia seminar papers, reports and pamphlets

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.

Constitutional law

Hanks, Peter, Gordon, Frances and Hill, Graeme, Constitutional Law in Australia, (3rd edn), LexisNexis Butterworths, 2012 (Location: KM 31 H 3 3)

Contract law

Carter, J. W., Contract Law in Australia, (6th edn), LexisNexis Butterworths, 2013 (Location: KN 10 C 2 6)

Family law

Campbell, Jacqueline, Family Law Series, Stanford (Implications arising from Stanford). Seminar paper, 18 September 2013, Law Institute of Victoria, 2013 (Location: F KN 173.2 C 1)

Implications regarding the High Court decision in Stanford v Stanford (2012) FLC 93-518 in relation to the alteration of matrimonial property interests.

Legal drafting

Butter, Peter J., Modern Legal Drafting: A Guide to Using Clearer Language, (3rd edn), Cambridge University Press, 2013 (Location: KL 34 B 1 3)

Legal ethics

Ebejer, Marlene, Legal Practice and Ethics, LexisNexis Butterworths, 2013 (Location: KL 82 E 2)

Litigation

Freckelton, Ian, and Parker, Christine, Hot law: practical issues for non-tax specialists. Seminar paper, 29 August 2013, Law Institute of Victoria, 2013 (Location: F KN 370 F 1)

Model litigants and human rights; When the state is not a model litigant; Identification of whether a human right is engaged and how; Model litigant obligations: Modern provenance; The obligation used as a sword; Characteristics of model litigant behaviour; Introduction: values in practice; Alternatives to adversarial advocacy.

Property law

Rimmer, Bill, Hay, Robert, Hopper, Sam, et al, Property and planning law conference. Seminar papers, 16 August 2013, Law Institute of Victoria, 2013 (Location: F KN 60 R 6)

Victorian property law update; Leasing developments; Changes to the Planning and Environment Act 1987; Property law in the courts; Sale of Land Act 1962 changes.

Succession law

Hardingham, Ian, Boaden, Richard, Flynn, Michael, et al, Succession Law Conference. Seminar papers, 30 August 2013, Law Institute of Victoria, 2013 (Location: F KN 120 H 1)

Duties owed by administrators, attorneys and others to prospective beneficiaries; Current developments in succession law: Legislation and case update; Key tax issues when drafting wills and testamentary trusts; The legal and medical tests – undue influence and capacity; Crashed or coerced?: Will invalidity through incapacity or undue influence; Will precedents for superannuation; Dealing with licensed trustee companies and Chapter 5D of the Corporations Act (2001); Changes to the way the County Court deals with TFM matters.

Taxation

Australian Master Tax Guide 2013 (53rd edn), CCH Australia, 2013 (Location: KM 335 A 5 53)

Marks, Bernard, Hot law: practical issues for non-tax specialists. Seminar paper, 29 August 2013, Law Institute of Victoria, 2013 (Location: F KL 82 M 1)

Getting the right advice: lawyer or tax agent?; Advice can be taxing: tax practice issues can confront lawyers who do not specialise in taxation law; The implications are far-reaching – You wouldn’t ask an electrician to do your plumbing; Estate planning using life interest: “tax advice” or “legal advice”.

ARTICLES

Articles may be requested online and will be emailed, faxed or mailed to members.

Commercial leases

Beekink, Peter, “The impact of insolvency on leases” in Australian Property Law Bulletin, vol 27 no 10, August 2013, pp211-219 (ID 52396)

Discussion on corporate insolvency in commercial tenancies. Includes table of key corporate insolvency issues regarding administration and receivership.

Copyright

Round, Chris and Hardingham, Sarah, “Copyright in building design” in Australian Construction Law Bulletin, vol 25 no 6, September 2013, pp107-108 (ID 52279)

Overview of copyright of building designs, including the concept of adopting one’s own ideas into the design versus copying an existing design. The article also covers the importance of creating a design file.

Disabled persons

Lazar, Natalie, “Forced sterilisation of people with disabilities in Australia: a step in the right direction?” in Australian Health Law Bulletin, vol 21 No 7, September 2013, pp414-416 (ID 52127)

This article provides a summary of the key findings from the inquiry “Involuntary or Coerced Sterilisation of People with Disabilities in Australia” which was tabled in July 2013.

Employment law

McEvoy, Deirdre, “Unpaid work placements: internships, trial periods, work experience and volunteers” in Keeping Good Companies, vol 65 no 1, October 2013, pp551-554 (ID 52484)

Highlights the importance of determining when an unpaid work placement falls outside the scope of the Fair Work Act 2009 (Cth).

Intellectual property

Johnson, Jeremy and Williams, Wynn, “Peer-to-peer file sharing” in New Zealand Law Journal, June 2013, pp172-174 (ID 52231)

Comparisons between Netherlands, France, United States, Australia and New Zealand of peer-to-peer file sharing that infringes the rights of copyright holders, as well as balancing the rights of interested parties and upholding international obligations.

Lennon, Lisa, Eade, Lauren and Smyth, Anna, “3D printing: design revolution or intellectual nightmare?” in Law Society Journal (NSW), vol 51 no 9, October 2013, pp60-63 (ID 52502)

An overview of 3D printing, its background, and what sort of intellectual property protection should be considered when advising designers and manufacturers.

Smith, Nicholas, “Disputed territory: protecting domain names” in Law Society Journal (NSW), vol 51 no 8, September 2013, pp56-59 (ID 52237)

Outlines several options available to lawyers when dealing with “cybersquatters” who have used the domain name of their client who is the rightful owner.

Medical law

Freckelton, Ian, “Stillbirth and the law: options for law reform and issues for the coronial jurisdiction” in Journal of Law and Medicine, vol 21 no 1, September 2013, pp7-26 (ID 52347)

Looks at the various causes of stillbirths and rates of foetal death in the different states and territories of Australia. Highlights jurisdiction to investigate deaths, recent key decisions, a Legislative Review Committee Report on stillbirths and law reform.

Money laundering

Taylor, Mark, Savary, Rachel and Regnard-Weinrabe, Ben, “Virtual currencies” Computers and Law: C&L in Computers & Law Magazine of SCL, vol 24 iss 3, August/September 2013, pp30-34 (ID 52307)

With the recent increase of online transactions using virtual currencies such as bitcoins, this article aims to shed some light on what exactly virtual currencies are and the main risks associated with their use. Also provides detail of whether virtual currencies can be defined as “money”.

Occupational health & safety

Charrett, Donald and Holland, Cherie, “WHS in Australia – designers’ obligations” in Australian Construction Law Bulletin, vol 25 no 6, September 2013, pp101-106 (ID 52503)

Commentary on the codes of practice, officer due diligence and regulations for plant and structures with relation to the new Work Health and Safety Act and regulations.

Sutherland, Julie and Burnett, Anna, “Work health and safety laws when leasing and buying and selling property” in Australian Property Law Bulletin, vol 27 no 9, July/August 2013, pp188-190 (ID 52504)

With the recently introduced harmonised work health and safety laws, businesses who lease, buy or sell properties and tenants of those properties, need to be aware of their duty of care.

Privacy Law

Arnold, Bruce Baer and Smith Benjamin, “Private faces in public spaces: privacy and the Victorian sexting inquiry” in Privacy Law Bulletin, vol 10 no 2, October 2013, pp18-21 (ID 52483)

This article looks at the recommendations from the Victorian Law Reform Committee Report, “Report of Inquiry into Sexting”, May 2013. The findings discuss issues of privacy, harm and regulation.

Sale of business

Halliday, James and Wu, Jennifer, “Preparing a company for sale” in Inhouse Counsel, vol 16 no 10, September 2013, pp190-192 (ID 52408)

Commentary on the risk associated in private treaty (auction style) transactions in the sale of a company, with discussion on 2013 Federal Court litigation of a post-sale dispute in relation to Asahi Australia against two equity groups, Pacific Equity Partners and Unitas Capital.

Social media

Fisher, Eli and Knight, Peter, “Social media obligations for ASX-listed entities” in Internet Law Bulletin, vol 16 no 5, August 2013, pp114-118 (ID 52250)

Outlines the recently reissued Australian Securities Exchange Guidance Note 8 and how disclosure obligations have changed with the introduction of social media. The reissue has been in response to recent hoaxes both in Australia and overseas.

Richardson, Jeff, “Social media and risk management for listed companies” in Keeping Good Companies, vol 65 no 8, September 2013, pp504-506 (ID 52291)

With the Australian Securities Exchange (ASX) incorporating social media into the disclosure obligations of Guidance Note 8, this article highlights the importance of preparing, protecting and promoting in the management of social media.

Time management

Birkinshaw, Julian and Cohen, Jordan, “Managing yourself: make time for the work that matters” in Harvard Buisiness Review, vol 91 no 9, September 2013, pp115-118 (ID 52346)

This article highlights how knowledge workers can utilise their time by delegating or eliminating many unimportant tasks and then focusing on completing more value added ones.

Trusts

Coelho, Melissa and Mascaro, Greg, “Funding hybrid trust structures” in Taxation in Australia, vol 48 no 3, 2013, pp121-122 (ID 52500)

Discusses the deductability of interest on funding hybrid trust structures and includes commentary on TD 2009/17 and the cases of Forrest and Lambert.

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