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Every Issue

Cite as: (2004) 78(1-2) LIJ, p. 78

Library helpdesk

Contact details
Library staff Alice, Catherine, Johanna, Josie, Shannon and Sue 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

Opening hours
A reference librarian is available every Monday and Wednesday evening until 7.30pm to assist with your inquiries.
Monday and Wednesday 9am – 7.30pm
Tuesday and Thursday 9am – 6pm
Friday 9am – 5pm

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the Law Institute’s website at 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.

Erskine, Robyn and Pattison, Paul, Creditor-debtor Agreements and Arrangements. Seminar papers, August 2003, Leo Cussen Institute, 2003. (Location F KN 313 E 1)

Building industry
Huntington, Mark et al, Building and Construction. Seminar paper, 17 September 2003, Legalwise Seminars Pty Ltd, 2003. (Location F KN 275.C6 H 1)

Company directors
Lingard, Louise et al, Directors’ Duties. Seminar papers, 17 September 2003, Legalwise Seminars Pty Ltd, 2003. (Location F KN 264 L 1)

Blackmore, Nicholas, Commercial: Legal issues and the Internet. Seminar paper, 14 October 2003, Law Institute of Victoria, 2003. (Location F KN 112 B 1)

Deceased estates
Counsel, Caroline and Phillips, Richard, Legal Update: Deceased estates for family lawyers and estate planners. Seminar paper, 12 August 2003, Law Institute of Victoria, 2003. (Location F KN 142 C 1)

Due diligence
Blank, Stephen and Juebner, Christian, Commercial: Introduction to mergers and acquisitions. Seminar paper, 21 October 2003, Law Institute of Victoria, 2003. (Location F KN 262.1 B 1)

Boaden, Richard et al, Wills and Estates Conference 2003. Seminar papers, 22 October 2003, Law Institute of Victoria, 2003. (Location F KN 125 B 7)

Fraser, Kym et al, Franchising Law. Seminar paper, 17 July 2003, Legalwise Seminars Pty Ltd, 2003. (Location F KN 285.6 F 4)

Land subdivision
Brotchie, Paul, Subdivisions and Bodies Corporate. Specialist forum. Seminar paper, 13 August 2003, Law Institute of Victoria, 2003. (Location F KN 72 B 2)

Knights, Kim and Bigmore, Garry, Litigation Funding. Are champerty and maintenance dead? Seminar papers, August 2003, Leo Cussen Institute, 2003. (Location F KN 38.31 K 1)

Medical law
Milstein, Bob et al, Medicine and Law Conference 2003. Seminar paper, 20 and 21 November 2003, Law Institute of Victoria, 2003. (Location F KN 185.12 M 1)

Misleading conduct
Lockhart, Colin, The Law of Misleading or Deceptive Conduct (2nd edn), LexisNexis Butterworths, 2003. (Location KN 266 L 1 2)

Power of attorney
Nielsen, Anne et al, Annual Property and Environmental Law Conference: Property law update. Seminar papers, 31 October 2003, Law Institute of Victoria, 2003. (Location F KN 60 N 3)

Practice and procedure
Anderson, Jill (ed), The Australian Pro Bono Manual: A practice and resource kit for law firms. National Pro Bono Resource Centre, 2003. (Location F KN 399 T 1)

Public liability
Tim Frampton and Bruce McKenzie, Public Liability Reforms: Recreational services – waivers and volunteer protection. Seminar papers, July 2003, Leo Cussen Institute, 2003. (Location F KN 33.5 F 1)

Sale of property
Stansfield, Roger et al, Hot Topics in Property Transactions. Seminar paper, 16 September 2003, Legalwise Seminars Pty Ltd, 2003. (Location F KN 50 S 2)

Jones, Iain, Commercial Litigation: Trial preparation and conduct of a trial. Seminar papers, September 2003, Leo Cussen Institute, 2003. (Location F KN 389 J 1)

Maxwell, Chris, Pizer, Jason and Alpins, Fiona, Challenging Tribunal Decisions. Seminar papers, November 2003, Leo Cussen Institute, 2003. (Location F KM 303 M 2)

Ong, Dennis SK, Trusts Law in Australia (2nd edn), Federation Press, 2003. (Location KN 210 O 1 2)

Workers compensation
Maher, Matthew, Barrett, Mark and Jamieson, Audrey, Workers Compensation Workshop. Seminar paper, 17 September 2003, Legalwise Seminars Pty Ltd, 2003. (Location F KN 198.8 M 2)


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 Please complete and submit this form via e-mail or fax.

Child abduction; Child welfare
“Abducted child stays because of mother’s suicide threat” in Australian Family Law – Family Law News, issue 145, 28 October 2003, pp1-2. (ID No 3747)

The Family Court has ordered that a child abducted from the US and brought to Australia by her mother should not be returned due to the grave risk of harm to the child should the mother commit suicide as threatened.

Costs; Family law
Pesce, Giuseppe (Joe), “Drafting cost agreements for family law proceedings” in Law Society Journal (NSW), vol 41 no 11, December 2003, pp54-56. (ID No 3753)

To avoid a cost agreement being declared unenforceable, a practitioner should consider the court in which the proceedings are going to be conducted, as well as the relevant case law and any requirements particular to the client.

Determinations; Arbitration; Building industry
Maxwell-Smith, Shelley, “Expert determinations in Victorian domestic building disputes live to fight another day” in Australian Construction Law Bulletin, vol 15 no 8, October 2003, pp90-91. (ID No 3746)

In Age Old Builders Pty Ltd v Swintons Pty Ltd, on appeal from VCAT, the Victorian Supreme Court considered whether or not reference to an expert or arbitrator was rendered void pursuant to ss14 and 132 of the Domestic Building Contracts Act 1995 (Vic).

Family law; Legal services; Marketing
Altobelli, Tom, “Marketing financial agreements” in Australian Family Lawyer, vol 17 no 1, 2003, p14. (ID No 3752)

Binding financial agreements present a significant marketing opportunity for family lawyers. The author identifies market segments – young couples and debt, young couples and family inheritances, mature (and not-so-mature) couples on remarriage – and marketing strategies.

Immigration; Visas; Criminal convictions
Cottom, Lachlan, “Criminal visa cancellations” in ALMD Advance, no 20, 16 October 2003, pp1-2. (ID No 3748)

The Minister for Immigration and Multicultural and Indigenous Affairs has the power in certain situations to cancel the visa of any non-citizen convicted of a significant crime. Previously the Minister was only able to cancel the visa of a non-citizen who had been in Australia for less than 10 years. The recent case of Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme [2003] HCA 56 (2 October 2003) is profiled in this article.

Intellectual property
Downes, Kylie, “An introduction to intellectual property” in Proctor, vol 23 no 10, November 2003, p27. (ID No 3750)

This article provides a brief overview of the law relating to patents, copyright and trade marks in Australia.

Internet; Communications
Barton, Paul and Nissanka, Viv, “The rise of the blog – legal risks and liability” in Computers and Law, vol 14 no 3, August/September 2003, p20. (ID No 3751)

This English article highlights some of the legal issues a would-be business blogger should consider before getting started, including intellectual property rights, defamation, data protection, hyperlinks, confidentiality, advertising and web accessibility rules.

Torts; Negligence
Luntz, Harold, “Turning points in the law of torts in the last 30 years” in Insurance Law Journal, vol 15 no 1, 2003, pp1-23. (ID No 3755)

This exploration of the recent history of tort case law limits itself to High Court decisions on the law of negligence.

Torts; Litigation; Compensation
Mann, Scott, “Tort law reform” in Alternative Law Journal, vol 28 no 5, October 2003, pp216-224. (ID No 3741)

The current tort law system may be failing to achieve its compensation and deterrence goals. The author suggests that it would be possible to create a more egalitarian and effective system.

Wilson, Kathy, “‘Do it yourself’ wills and how to deal with them: part 2” in The Legal Executive, issue 6, November/December 2003, pp7-10. (ID No 3743)

This article outlines the general rules about the construction of wills and the classification of gifts and provides commentary on the reasons a gift may fail.

Johanna Ratcliff
Reference Librarian


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