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Every Issue

Cite as: Jan/Feb 2015 89 (1/2) LIJ, p.72

New books and seminar papers


Rosier, Peter, Understanding National e-Conveyancing, LexisNexis Butterworths, 2014 (Location: KN 74 R 2)

Corporate governance

Fishel, David, The Book of the Board: Effective Governance for Non-Profit Organisations, Federation Press, 2014 (Location: KN 255 F 1 3)

Criminal law

Corns, Christopher, Criminal Investigation and Procedure in Victoria, Thomson Reuters (Professsional) Australia, 2014 (Location: KM 570 C 2 2)

Directors’ duties

Langford, Rosemary Teele, Directors’ Duties: Principles and Application, Federation Press, 2014 (Location: KN 264 L 1)

Family law

Chisholm, Richard, Christie, Suzanne and Kearney, Julie, Annotated Family Law Legislation, 2nd edn, LexisNexis Butterworths, 2014 (Location: KN 170 C 1 2)

Renton, N E and Caldwell, Rod, Family Trusts: A Plain English Guide for Australian Families, Wrightbooks, 2014 (Location: KN 210 R 3 5)

Legal profession

Field, Rachael, Duffy, James and Huggins, Ana, Lawyering and Positive Professional Identities, LexisNexis Butterworths, 2014 (Location: KL 85 F 3)

McFarlane, Tim, Snooks, Steuart and Robertson, Penny, Essential Skills. Seminar paper, 1 August 2014, Law Institute of Victoria, 2014 (Location: F KL 82 M 12)

Negotiating effective outcomes – The WWW of mastering email overload – Cost update.

O’Shea, Kerry, Whish-Wilson, Adele and Cuming, Angela, Ballarat Law Association Conference. Seminar papers, 18 November 2014, Law Institute of Victoria, 2014 (Location: F KB 105 O 2)

Traditional media and legal practice – Social media insights for legal practice management and promotion – LIVing ethics

Property law

Nolan, Phil, Gavan, Michael, Gandolfo, David, et al, Property Law Conference 2014. Seminar papers, 2 October 2014, Law Institute of Victoria, 2014 (Location: F KN 60 N 3)

Keynote address: e-conveyancing: developing a national approach to regulation and implementation – Current developments in property law: case law insights and analysis – Changes to Victoria’s planning schemes: the new residential zones – Vendor’s statements: the new disclosure requirements - includes vendor’s statement provisions comparative table – Key taxation issues in property transactions – Owners Corporations: current issues for property lawyers – Treating title trauma: surgery for property lawyers – Online resources for the savvy property law practitioner – Risk management for property lawyers

Workplace relations

Englander, Charles, Harrington, Nicholas, Robinson, Graham, et al, Workplace Relations Conference 2014. Seminar papers, 24 October 2014, Law Institute of Victoria, 2014 (Location: F KN 190 E 1)

Fair Work Ombudsman: a year in review – Adverse action and discrimination law/general protections: analysis of recent case law and implications for practice – Lessons learned: a focus on the past year’s key industrial cases and their implications for employers and unions – Legal representation at the Fair Work Commission – Post-employment restraint of trade clauses – Two steps forward, one step back: equal opportunity in the workplace – Effective witness statements – Ethics for workplace relations lawyers.


Air space

Lee, Peter, “Drone laws – shaping an industry” in Computers and Law: Journal for the Australian and New Zealand Societies for Computers and the Law, vol 25 no 3, August/September 2014, pp11-14 (ID 56832)

Considers the legislation that currently applies to drones and what legislation may look like in the future.

Alternative dispute resolution

Powell, Carol, “Alternative dispute resolution” in New Zealand Law Journal, August 2014, pp261-264 (ID 56581)

This article discusses 10 attributes of a good negotiator. Includes the International Mediators’ Institute (IMI) competency criteria.

Competition law

Parry, Marianna and Hobson, Richard, “A snuggle for survival - the paradox of section 44ZZRD(3)(c): restricting co-operation may mean restricting competition” in Australian Journal of Competition and Consumer Law, vol 22 no 2, September 2014, pp201-209 (ID 56715)

Case law, legal background and analyses on s44ZZRD(3) of the Australian Competition Law, and the potential illegality of joint bidding and teaming agreements.


Thomas, Rod, Griggs, Lynden and Low, Rouhshi, “Electronic Conveyancing in Australia – is anyone concerned about security?” in Australian Property Law Journal, vol 23 no 1, 2014, pp1-2 (ID 56981)

Commentary on security issues for Australia’s new electronic conveyancing system with discussion on the Property Exchange of Australia (PEXA), FAST and CHESS transfer of shares, as well as easier alternatives.

Data storage

Jermey, Jon, “Very like a whale: commercial cloud storage services come into their own” in Online Currents, vol 28 iss 4, November 2014, pp195-199 (ID 57152)

Compares commercial cloud storage options for individuals or small businesses.

Elder law

McCullagh, Richard, “Aged care reforms: the residents’ perspective” in LSJ (NSW), no. 4, September 2014, pp70-71 (ID 56580)

Overview of the new Aged Care (Living Longer Living Better) Act 2013 (Cth) and regulations.

Expert witnesses

Edmond, Gary, “How to cross-examine forensic scientists: a guide for lawyers” in Australian Bar Review, vol 39 no 2, October 2014, pp174-196 (ID 56709)

This article is intended to be used as a resource guide for lawyers who are required to cross-examine expert witnesses.

Legal drafting

Adam, Kenneth, “Banishing shall from business contracts: throwing the baby out with the bathwater” in Australian Corporate Lawyer, vol 24 no 3, September 2014, pp12-13 (ID 56584)

Commentary on drafting of contracts in plain English and in particular, the word “shall”. Also discusses the words “will” and “must”.

Garner, Bryan, “10 tips for better legal writing” in ABA Journal, vol 100, October 2014, pp24-25 (ID 56733)

Provides valuable tips on how to improve your legal writing and produce a better final product.


Clutterbuck, David, “Bad manners at the mentoring table” in LSJ (NSW), no 4, September 2014, pp38-39 (ID 56660)

Highlights 12 habits of the toxic mentor and 12 habits of the toxic mentee.

Power of attorney

Chesterman, David, “Attorney on the dotted line – a risk exposed” in Proctor, vol 34, no 8, September 2014, pp14-16 (ID 56565)

Commentary on a 2014 Queensland Court of Appeal case, Nielson v Capital Finance Australia, regarding the signing process for documents in a power of attorney. The article highlights the risks involved with execution of instruments particularly in the signing phase.


Prasek, Dana, “Website terms of use and privacy policies: practical tips and tricks to effectively manage your risk and minimise exposure to the new Privacy Act penalties” in Privacy Law Bulletin, vol 11 no 8, September/October 2014, pp141-143 (ID 56656)

Highlights tips for website terms of use including click-through or browse-wrap, standard terms of use for a website, Zappos, special terms and inclusions in your privacy policy.


Breckon, Rachael, “All aboard” in Lawtalk, no 848, 29 August 2014, pp4-7 (ID 56569)

Tips on how to recruit the best people for your law firm, working collaboratively and using social media.

Restraint of trade

McEwan, Graeme, “Employment restraint of trade clauses and protection of confidential information from trade rivals part 1” in Employment Law Bulletin, vol 20 no 7, August 2014, pp94-101 (ID 57068)

Part one of a two part article on restraint of trade clauses and confidential information, this part deals with the construction of employee restraint of trade clauses, with commentary and case law covering the issues of intention, letters of demand, special circumstances, the rules of construction and reasonableness.

Shareholder agreements

Chew, Deborah, “Tips for drafting a successful shareholders agreement” in Inhouse Counsel, vol 18 no 6, August 2014, pp85-87 (ID 56591)

Discusses the importance of a shareholders agreement, the different types of agreements that exist and what common provisions should be present.

Social media

O’Halloran, Paul, “When can you dismiss an employee for misuse of social media?” in Internet Law Bulletin, vol 17 no 7, September 2014, pp150-152 (ID 56654)

Looks at two recent Fair Work Commission decisions highlighting distinctions between a public and private comment on social media.


“Succession laws in Victoria: forthcoming changes” in The Legal Executive, no 5, September/October 2014, pp10-11 (ID 56658)

Commentary on the new Justices Legislation Amendment (Succession and Surrogacy) Bill 2014 (Vic). If passed it will makes changes to the Administration and Probate Act 1958 and other related Acts.


Prasek, Dana, “Website terms of use and privacy policies: the why, the what and the how” in Internet Law Bulletin, vol 17 no 8, October 2014, pp187-189 (ID 56941)

Outlines standard clauses that should be used in a terms of use for a website and special clauses that need to be tailored above the “boilerplate” clauses.


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