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Inreference: LIV library

Every Issue

Cite as: Jan/Feb 2010 84(1/2) LIJ, p.64


New books and articles of interest from the LIV library.

New Books and seminar papers

Unless marked REF, these items may be borrowed by members for two weeks. Borrowing is free of charge.

Animals

White, Steven and Sankoff, Peter (eds), Animal Law in Australasia. The Federation Press, 2009. (Location: KN 186.8 S 1)

Dictionaries

Who’s Who in Australia: An Australian biographical dictionary and register of prominent people. Crown Content, 2010. (Location: REF K 180 W 1)

Education

Jackson, Jim and Varnham, Sally, Law for Educators: School and university law in Australia. LexisNexis Butterworths, 2007. (Location: KN 184.2 J 1)

Estate planning

Stewart, Miranda and Flynn, Michael, Death and Taxes: Tax-effective estate planning. Thomson Reuters (Professional) Australia. (Location: KM 337.33 S 1 3)

Evidence

Stanfield, Allison, Computer Forensics, Electronic Discovery and Electronic Evidence. LexisNexis Butterworths, 2009. (Location: KN 394.5 S 1)

Human resources

Australian Master Human Resources Guide. CCH Australia, 2009. (Location: KL 96.1 A 4)

Industrial relations

Keats, Louise and Hor, Joydeep, Fair Work FAQs: Your IR questions answered. CCH Australia, 2009. (Location: KN 190 H 3)

Industrial relations

Keats, Louise and Hor, Joydeep, Managing Termination of Employment: A Fair Work Act guide. CCH Australia, 2009. (Location: KN 192.24 H 3)

Insolvency

Murray, Michael, Keay’s Insolvency: Personal and corporate law and practice. Lawbook Co, 2008. (Location: KN 310 K 2 6).

Law

Harbour, Carmen (ed), The Law Handbook 2010: Your practical guide to the law in Victoria. Fitzroy Legal Service, 2010. (Location: REF K 168 L 1)

Property

Hyam, Alan, The Law Affecting Valuation of Land in Australia. The Federation Press, 2009. (Location: KN 96.3 H 1 4)

Property

LIV CPD Property and Environmental Law Conference. Seminar papers, 9 October 2009. Law Institute of Victoria, 2009. (Location: F KN 60 R 3)

Sale of business

Christensen, SA and Duncan, WD, Sale of Businesses in Australia. The Federation Press, 2009. (Location: KN 279 C 1 2)

Takeovers

Pathak, Neil and Levy, Rodd, Takeovers: Law and strategy. Thomson Reuters (Professional) Australia, 2009. (Location: KN 262.1 L 1 3)

Articles

Articles may be requested online and will be emailed, faxed or mailed to members within 24 hours. An administration fee of $20 per article applies.

Building and construction; Fair Work

Goodwin, Emma, “Constructing Fair Work for the Australian building and construction industry: the Honourable Murray Wilcox QC’s report Transition to Fair Work Australia for the Building and Construction Industry” in Australian Journal of Labour Law, vol 22 no 2, August 2009, pp173-187 (ID 38186).

The author provides an overview of the Wilcox report and summarises the current workplace relations regulation in the building and construction industry.

Costs

Evers, Maxine, “Overcharging – are there different rules for solicitors and barristers?” in Precedent, issue 94, September/October 2009, pp36-39 (ID 38392).

The author compares two cases of the NSW Administrative Decisions Tribunal in which the Legal Services Commissioner acted. The outcomes suggest that different rules apply to overcharging by solicitors and barristers.

Electronic surveillance; Workplace privacy

Svantesson, Dan, “Can you read an employee’s private email? Addressing the legal concerns” in Internet Law Bulletin, vol 12 no 7, October 2009, pp98-100 (ID 38196).

The article focuses on privacy in the workplace, concentrating on electronic resources such as email and the internet. According to the author, privacy is a fundamental human right and employees do not expect to abandon this right when entering the workplace. Federal privacy laws and how they impact on an employee’s privacy are examined in regard to email and internet use.

Employment

Jolly, Gareth, “The first 100 days of Fair Work: the rise and rise of employee claims” in Employment Law Bulletin, vol 15 no 6, November 2009, pp91-93 (ID 38198).

The Fair Work Act and related legislation which commenced on 1 July 2009 implemented the federal government’s new workplace relations system. The Act expands the capacity for employees to bring claims for unfair dismissal. The author also discusses the new freedom of association provisions and associated rights which come under the “Rights and responsibilities of employees, employers and organisations” provisions.

Employment

Keats, Louise and Hor, Joydeep, “When are employees entitled to redundancy pay?” in Industrial Law News, issue 9, 6 November 2009, pp1-5 (ID 38213).

A new redundancy pay regime came into operation with the commencement of the National Employment Standards (NES) on 1 January 2010. Most national system employees will be entitled to up to 16 weeks of redundancy pay under the terms of their employment contract, workplace policy, award or enterprise agreement. Pre-2010 and post-2010 entitlements and the rules governing the NES are explained. A table of “period of continuous service and redundancy pay period” under the NES (s119) is included.

Family law

Alexander, Renata, “Behind closed doors: family violence cases under the Family Law Act outlined and analysed” in Australian Family Lawyer, vol 20 no 4, Spring 2009, pp1-12 (ID 38393).

“Children and adults are more likely to be abused or neglected, physically injured or killed in their homes by another family member than anywhere else or by anyone else”. The author examines some current family violence cases under the Family Law Act, providing background examples and studies by the Australian Institute of Family Studies, the World Health Organisation and Access Economics.

Family law

Brown, Michael, “His, hers or theirs?” in Law Society Journal (NSW), vol 47 no 7, August 2009, pp60-63 (ID 38389).

A look at the case of Kennon v Spry 2008 HCA 56 in which a majority of the High Court held the property of a discretionary family trust can be subject to an order pursuant to s79 of the Family Law Act 1975. The definition of property in a family law context and whether or not a discretionary trust is an effective form of asset protection in Family Court proceedings is discussed.

Information technology

Hon, WK, “Top tech tips for lawyers” in Magazine for the Society for Computers and Law, vol 20 issue 4, October/November 2009, pp37-40 (ID 38234).

This article provides simple and effective tips for lawyers for more efficient use of Microsoft Windows and Internet Explorer. Using the links bar, keyboard shortcuts, searching cached Google pages and even arithmetical calculations are covered. The article is written in a very accessible way and would benefit those lawyers who are not very comfortable with their computer.

Sale of business; Fair Work

Godfrey, Kelly, “Out with the old and in with the new – transferring a business under the Fair Work Act – will any purchasers be willing to employ a vendor employer’s staff?” in Australian Business Law Review, vol 37 no 3, June 2009, pp199-203 (ID 38384).

The federal government has changed the transfer or transmission of business rules under the Fair Work Act 2009. This short article explains when a transmission of business occurs and what happens to transferable instruments on the transmission of business. The Workplace Relations Act 1966 applies to the transfer of business before 1 July 2009 and the Fair Work Act to transfers after 1 July 2009. The new employers’ obligations and employees’ rights are discussed.

Succession

Croucher, Rosalind, “Towards uniform succession in Australia” in Australian Law Journal, vol 83 no 11, 2009, pp728-751 (ID 38235).

The Uniform Succession Laws Project (USLP) has completed its task of reviewing the laws of succession in Australia and produced a report and model legislation to be used as the basis for national implementation. The four volume report is available at www.qlrc.qld.gov.au/Publications.htm . This article summarises the report and the areas of wills, family provision, intestacy and the administration of estates within the proposed model and provides a brief history of succession law in Australia.

Work smarter and find it more quickly

Ever wondered how we find citations and answers to members’ questions so quickly? Our professional librarians are experts at research and navigating online databases. They use legal databases that are also available to you as an LIV member. Why not use your member’s login to search for and view articles from the Attorney-General’s Information Service (AGIS), the Australian Public Information Service (APAIS) and HeinOnline? These articles indexes are reliable and efficient legal resources.

  • AGIS is a searchable index which is uniquely Australian and covers legal articles from 1975 to the present. Over 400 titles are indexed, featuring various legal topics.
  • APAIS covers current affairs, economics, humanities, law, literature, politics and social sciences and is produced by the National Library of Australia.
  • HeinOnline is a predominantly North American database, with some international and Australian content. It provides access to comprehensive and in many cases unique collections of legal journals, law reviews, legislation, congressional and presidential documents and treaties as well as selected US federal case law and monographs. The law journal library is fully searchable and research results can be downloaded as PDFs.

Library hours

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Friday 8.30am – 5pm

Opening hours during January will be 9am–5pm. Normal hours will resume in February 2010.

Library contact details

Ph 9607 9360/9361

Fax 9607 9359

Email library@liv.asn.au

Website www.liv.asn.au/library

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

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