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Every Issue

Cite as: (2004) 78(7) LIJ, p. 78

Library helpdesk

Due to the refurbishment of the building at 470 Bourke Street, the library closed on 11 June 2004 and will not reopen until early August 2004. The loans, reference and document delivery service will continue to operate during this period.
Librarians can be contacted between 9am and 5pm, Monday to Friday.

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

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.

Administrative tribunals
Pizer, Jason and Morris, Stuart, VCAT and the Courts. Seminar paper, 15 April 2004, Law Institute of Victoria, 2004. (Location F KM 303 P 3)

Class actions
Gillard, Eugene, Murphy, Bernard and Anderson, Stewart, Advanced civil litigation. Seminar 2: group proceedings. Seminar paper, 29 March 2004, Law Institute of Victoria, 2004. (Location F KN 370.2 G 1)

Corporate Law Economic Reform Program
Baxt, Bob, CLERP 9 – Corporate regulation. Seminar paper, 15 April 2004, Law Institute of Victoria, 2004. (Location F KN 261 B 2)

Corporations law
Australian Corporations Legislation 2004, LexisNexis Butterworths, 2004. (Location KN 261 A 12 2004)

Aitken, James K and Butt, Peter, Piesse: The elements of drafting (10th edn), LawBook Co, 2004. (Location KL 34.2 P 1 10)

Johnstone, Richard, Occupational Health and Safety Law and Policy: Text and materials (2nd edn), LawBook Co, 2004. (Location KN 198 J 1 2)

Odgers, Stephen, Peden, Elisabeth and Kumar, Miiko, Companion to Uniform Evidence Law, LawBook Co, 2004. (Location KN 390 O 2)

Financial services
Wentworth, Elisabeth et al, Resolving Financial Disputes. Seminar paper, 17 March 2004, Law Institute of Victoria, 2004. (Location F KN 398.6 W 1)

Industrial relations
Newman, Rima et al, Mansfield Regional Conference 2004. Seminar papers, 20 March 2004, Law Institute of Victoria, 2004. (Location F KB 105 N 3)

Intellectual property
McKeough, Jull, Stewart, Andrew and Griffith, Philip, Intellectual Property in Australia (3rd edn), Butterworths, 2004. (Location KN 111 M 1 3)

McLaren, John and Williams, John, Law of Investments, LawBook Co, 2004. (Location KN 304 M 2)

Legal profession
Lewis, Gordon D, Kyrou, Emilios J and Dinelli, Albert M, Lewis and Kyrou’s Handy Hints on Legal Practice (3rd edn), LawBook Co, 2004. (Location KL 90 L 1 2)

Bullen, E et al, Bullen & Leake & Jacob’s Precedents of Pleadings (15th edn), Sweet & Maxwell, 2004. (Location KN 380.3 B 1 15 – NOT FOR LOAN)

Power of attorney
Wilson, Kathy and Sparks, Robyn, Enduring Powers of Attorney. Seminar paper, 14 April 2004, Law Institute of Victoria, 2004. (Location F KN 25.2 W 1)

Real property
Nolan, Phillip, Property: Troubleshooting in conveyancing. Seminar paper, 30 March 2004, Law Institute of Victoria, 2004. (Location F KN 74 N 2)

Retail tenancies
Croft, Clyde, Retail Leases: Volume 2, Leo Cussen Institute, 2004. (Location KN 92.6 C 8)

Hughes, Gordon, Oi, Ian and Davey, Kent, Issues in Privacy – SPAM legislation. Seminar paper, 6 April 2004, Law Institute of Victoria, 2004. (Location F KN 342.2 H 1)

Summary proceedings
Petrovich, Serge, “On the Road” – Road traffic offences and motor vehicle theft. Seminar paper, 23 March 2004, Law Institute of Victoria, 2004. (Location F KM 565.T7 P 1)


Members may obtain copies of the following articles. 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. For your convenience a copyright declaration/article request form is available on the LIV website Please complete and submit this form via email or fax.

Assignment; Charges
Turner, PG, “Assignment by way of charge” in Australian Bar Review, vol 24 no 3, 2004, pp280-300. (ID No 3844)

The author argues the necessity of understanding not only the connection linking assignment and charge but also the distinction between them. This is significant for areas such as insolvency.

Building contracts; Progress payments
Adames, Tom, “Superintendent’s failure to issue a payment certificate – has the debate been settled and how much will it matter?” in Australian Construction Law Bulletin, vol 16 no 3, April 2004, pp25-28. (ID No 3842)

This article discusses two cases concerning unpaid progress claims and the correct interpretation of clauses in AS2124-1992 and AS4303-1995.

Conditions of employment; Discrimination
Kann, Martina, “Dress codes under scrutiny – update on recent decisions” in Employment Law Bulletin, vol 10 no 2, April 2004, pp18-19. (ID No 3834)

An overview of dress codes in the workplace is provided. References to recent case law highlight that employers need to apply dress codes in a way that does not result in less favourable treatment of any employee.

Employment terms and conditions; Repudiation
Riley, Joellen, “Contracting for work/life balance” in Industrial Law News, issue 4, 29 April 2004, pp1-5. (ID No 3849)

If promises of work/life balances are made in HR policies, then they should be fulfilled. Otherwise, employers may risk the type of legal action that is described in this article.

Equal opportunity; Gender bias
Grammeno, Gaby, “Luring men to the teaching profession” in Equal Opportunity Alert, issue 142, April 2004, pp1-2. (ID No 3837)

The government and the Human Rights and Equal Opportunity Commission have both sought to address the gender imbalance in schools in different ways. This article looks at both responses and the conflicts between them.

Franchising code of conduct
Newton, David, “Resolving franchise disputes” in Law Society Journal, vol 42 no 3, April 2004, pp72-73. (ID No 3836)

The franchising code of conduct provides a process for resolving franchise disputes. This article provides an overview of the code and also discusses the role of lawyers and the Office of the Mediation Adviser.

Goods and Services Tax; Sale of property
Batalha, Luis, “Is a motel a residence?” in GST News, issue 4, 21 April 2004, pp1-4. (ID No 3848)

The author discusses a significant GST judgment, where the sale of a single unit (previously sold as part of an existing motel) was “input taxed” under s40-65 of the GST Act.

Industrial relations
Rooding, Annamarie and Moore, Bruce, “Improved protection for Victorian workers? Victorian industrial relations in 2004” in Employment Law Bulletin, vol 10 no 1, March 2004, pp1-4. (ID No 3843)

This article provides a summary of the new common rule system that has amended and extended the entitlements provided to Victorian workers by the Workplace Relations Act 1996 (Cth).

Land; Acquiescence; Easements
“Use ‘as of right’” in Australian Law Journal, vol 78 no 3, March 2004, pp164-166. (ID No 3841)

The “as of right” concept and its role in a recent English case are discussed. The issues considered are relevant to Australian land law, particularly the law of prescriptive easements.

Mediation; Alternative dispute resolution
Redfern, Michael, “Capturing the magic – preparation” in Australian Dispute Resolution Journal, vol 15 no 2, 2004, pp119-127. (ID No 3846)

Guidelines on preparing for mediation are provided as well as a discussion on the various ADR options that are available.

Medical treatment; Sexuality
Waywood, Susan, “Court gives go-ahead for child sex change” in ALMD Advance, no 8, 3 May 2004, pp1-2. (ID No 3845)

The case of Re Alex [2004] FamCA 297 is examined, where it was decided to allow hormonal treatment to institute a gender change in a child. The case had many unique aspects, one of which was the inquisitorial format of the hearing.

Power of attorney
Basha, Gerard, “Introduction to the NSW Powers of Attorney Act 2003” in Wills and Probate Bulletin, vol 35, 2004, pp9-17. (ID No 3847)

The author provides a practical overview of the NSW Powers of Attorney Act 2003 and includes a discussion on the recognition of NSW enduring powers of attorney that are made in other states.

Prosecutions; Criminal law
Prakash, Niti, “R v Carroll: double jeopardy under fire” in University of Queensland Law Journal, vol 22 no 2, 2003, pp267-271. (ID No 3840)

A recent case in the High Court of Australia reaffirmed the double jeopardy principle, despite proposed reforms to law in the UK. This article reviews the case and also considers the future of double jeopardy.

Redundancy; Awards
Gadens Lawyers Workplace Relations team, “Federal redundancy standard changes after 20 years” in Work Alert, issue 3, 16 April 2004, pp1-3. (ID No 3839)

The recent changes to the federal redundancy safety net are explained. The authors have also included a table that lists the new severance pay scale.

Taxation rulings
Smith, Karen, “Information overload” in Charter, vol 75 no 3, April 2004, pp58-59. (ID No 3838)

Since mid-2001 more than 3000 ATO interpretative decisions have been generated, adding another layer of complexity to taxation law. This article explains what these decisions are and whether you can rely on them.

Working conditions; Stress management
North, Ronwyn, “Stress and the law firm: how does your firm rate?” in Law Practice Management, vol 3 no 6, April 2004, pp81-83. (ID No 3835)

The adverse consequences of workplace stress and its pervasiveness in the legal industry are outlined. The author also provides suggestions for controlling stress in your firm.

Alice Dowdle
Reference Librarian


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