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inReference

Every Issue

Cite as: Jan/Feb 2011 85(1/2) LIJ, p.70

New books and articles of interest from the LIV library

SHORT ON CPD POINTS?

The LIV library offers a range of training courses and multimedia materials to update your knowledge and skills.

Training librarian Sally Manser provides small group sessions such as “Legal Research Online: What can I get for free?”, a workshop providing tips and tricks on effectively researching the law for those without access to subscription databases.

Other classes specific to case law and legislation research are offered, and guidance on the major publishers’ online services can be provided.

For those who prefer a bespoke one-to-one session, short research refreshers can be tailored to suit your requirements and timeframe.

Legal research training sessions can be viewed and booked at www.liv.asn.au/Education---Events/whatsOn-Calendar, or for more information please contact Sally Manser on ph 9607 9364 or email smanser@liv.asn.au.

In addition to providing user education, the library holds a great selection of CDs and DVDs of conference proceedings and educational materials covering all CPD skill areas. Multimedia holdings can be viewed and requested at http://bit.ly/dRVTwF.

NEW BOOKS, SEMINAR PAPERS AND 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.

Administration of justice
King, Michael S, Solution-focused Judging Bench Book. Australian Institute of Judicial Administration, 2009. (Location: F KL 230 K 1)
Advocacy
Victoria. Parliament. Department of Justice, Charter of Advocacy for Prosecuting or Defending Sexual Offence Cases. Department of Justice, 2010. (Location: F KM 544 V 1)
Alternative dispute resolution
Warren, Marilyn and Davies, Jennifer, Alternative Dispute Resolution Conference 2010. Seminar papers, September 2010, LIV. (Location: F KN 398 D 1)

Consists of two short papers: “Alternative dispute resolution in the Supreme Court of Victoria” presented by Justice Jennifer Davies and “Legal ethics in the era of big business, globalisation and consumerism” presented by Chief Justice Marilyn Warren.

Civil procedure
Pulverman, Catherine, Complying with Civil Procedure and Practice: The secret to successful trial preparation. Seminar paper, 24 August 2010, LIV (Location: F KN 389 P 3)

Contents: Introduction; Briefing counsel; Pre-trial directions hearing (Supreme Court only); Court books; Engaging expert witnesses; Evidence by witness statements and affidavit; Subpoenas to witnesses; Order 42A subpoenas – production to prothonotary/registrar; Transcript of proceedings.

Cybercrime
Clough, Jonathan, Principles of Cybercrime. Cambridge University Press, 2010. (Location: KN 15.6 V 1)
Ethics
Evans, Adrian, Assessing Lawyers’ Ethics: A practitioners’ guide. Cambridge University Press, 2010. (Location: KN 347 C 3)
Practice management
Prosser, Colin, Credit Management and Billing Issues in Law Firms. Seminar paper, 11 August 2010, LIV (Location: F KL 96.5 P 1)

Contents: Credit policy; Role of the credit department; Communication (internal customer); Engagement letters/retainers; Opening and setting up of new client accounts; Billing/invoicing; Payment of accounts; Account payment follow up; Handling of disputed accounts; Arrangements to pay/instalment payers; Account rendered statements; Reminder letters; Demand letters; Legal action; Use of credit limits; WIP and stop work on files; Trust to office transfers.

ARTICLES

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

Dillon, Hugh, “Practical advocacy: The roles of counsel in the coronial jurisdiction” in Australian Bar Review, vol 33, October 2010, pp293-298 (ID 41207)

Addresses the context in which advocacy takes place, its inquisitorial method and the roles of counsel in the coronial jurisdiction.

Building contracts
Alden, Scott and Eather, Alyson, “When can a principal call on project security?” in Law Society Journal (NSW), vol 48 no 10, November 2010, pp38-39 (ID 41269)

A discussion of the case FMT Aircraft Gate Support Systems AB v Sydney Ports Corporation which considers the entitlement of the principal to call on a bank guarantee, performance bond or unconditional undertaking.

Consumer law
Barker, Sarah, “The new Australian consumer law: the end for extended warranties?” in Keeping Good Companies, vol 62 no 10, November 2010, pp618-620 (ID 41267)

The new Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) changes the way manufacturers and retailers offer extended warranties products.

Contracts
Byrne, Kris, “Contaminated land leads to rescinded contracts” in Australian Property Law Bulletin, vol 25 no 1, October 2010, pp156-158 (ID 41224)

Reports on a recent case in the Supreme Court of Queensland relating to a vendor’s obligations and contaminated soil.

Chew, Deborah and Lynch, Adrian, “Agreements to contract: practical applications and common pitfalls” in Inhouse Counsel, vol 14 no 1, October 2010, pp2-4 (ID 41296)

The authors give some practical tips and pitfalls to avoid when drafting agreements to contract. Some of the areas discussed include: heads of agreement, letter of intent, exclusivity, standstill, good faith, confidentiality and agreement status.

Data protection
Bevitt, Chris, “Bytes: iPad enterprise security issues” in Internet Law Bulletin, vol 13 no 5, September 2010, pp98-99 (ID 41076)

A short commentary on security issues relating to personal digital assistants such as iPads and how secure they are, particularly in enterprise settings.

Employment
Smith, Janine, “In operation: cases and issues about the ‘transfer of business’ provisions in the Fair Work Act 2009 (Cth)” in Employment Law Bulletin, vol 16 no 5, September/October 2010, pp75-78 (ID 41062)

Examines recent Fair Work Australia cases regarding whether an agreement or an award should transfer with the employee and bind the new employer.

Wilson, Erin and Richardson, Kylie, “Australia’s national paid parental leave scheme – how to prepare your organisation” in Inhouse Counsel, vol 14 no 1, October 2010, pp11-12 (ID 41202)

An overview of the new national paid parental leave scheme which commenced on 1 January 2011.

Insolvency
Josling, Michael, “An analysis of the rights test in determining classes of creditors” in Insolvency Law Journal, vol 18 no 3, September 2010, pp110-137 (ID 41066)

Focuses on recent English judgments, which have held that only a difference in legal rights will require a separate class of creditors to be formed. The author puts forward the view that as legislation is relatively silent on the issue, it remains for courts to adopt a more flexible test for determining when separate classes should be formed.

Medical negligence
Chan, Tracey Evans, “Organisational liability in a health care system” in Torts Law Journal, vol 18 no 3, October 2010, pp228-256 (ID 41182)

While in the past liability for medical negligence has focused on the individual, it has become more common for the focus to be on teams of medical professionals. This article examines organisational liability in health care.

Retail leases
Cameron, Max and McConvill, Jennifer, “Retail tenancies: Australia-wide disclosure statement” in Australian Property Law Bulletin, vol 25 no 1, October 2010, pp159-160 (ID 41217)

Reports on the adoption and content of the national form of retail lease disclosure statement which came into effect from 1 January 2011. The new statement is approximately the same length as the previous Victorian version, however it contains some new disclosures which are set out in this article.

Settlements
Rankin, Mark J, “Calderbank letters and formal settlement offers: is the Calderbank offer a dead letter?” in Australian Dispute Resolution Journal, vol 21 no 4, November 2010, pp242-250 (ID 41241)

Juxtaposes the Calderbank letter with a formal, rule-based offer to compromise and concludes that the former compares poorly to the latter. The reason the author gives is that a Calderbank letter requires the onus of proof to fall on the offeror, whereas with a formal offer the offeree is required to show that exceptional circumstances existed.

Social networking
Langos, Collette, “Internet trolling case sparks call for an Online Ombudsman to handle social network user complaints relating to internet contents: what of the idea?” in Internet Law Bulletin, vol 13 no 5, September 2010, pp82-87 (ID 41072)

A call for an online ombudsman to control illegal offensive internet content on social networking sites like Facebook is the major discussion in this article.

Taxation
TaxCounsel Pty Ltd, “Main residence: deceased estates” in Taxation in Australia, vol 45 no 4, October 2010, pp183-187 (ID 41295)

Considers the capital gains tax (CGT) and land tax position when the owner of a dwelling dies. Provides diagrams setting out pre and post-CGT dwelling rules.

Trusts
Chang, Jeffrey, “Challenges to discretionary trust distributions” in Taxation in Australia, vol 45 no 4, October 2010, pp188-190 (ID 41205)

Discusses instances when distributions of income from a discretionary trust may be challenged. Lists categories of challenge and looks at risk minimisation.

Papadopoulos, Kay, “Distributions to company beneficiaries from family trusts and Division 7A” in Keeping Good Companies, vol 62 no 9, October 2010, pp562-565 (ID 41081)

Provides commentary on the Australian Tax Office’s ruling TR 2010/3 which states that Division 7A could apply to unpaid present entitlements involving family companies and other small businesses. Looks at the meaning of “loan” for the purposes of s109D of the Income Tax Assessment Act 1936. Lists options available for taxpayers.

Library hours

Monday-Thursday 8.30am – 6pm

Friday 8.30am – 5pm

Library contact details

Ph 9607 9360/1 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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