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inreference (articles)

Every Issue

Cite as: (2005) 79(7) LIJ, p. 82

New books and articles of interest from the Law Institute of Victoria library.

Library helpdesk

Contact details
Library staff Alice, Catherine, Josie, Melissa 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
Email library@liv.asn.au

Members now have access to two Informit Online databases through the LIV website – AGIS and APAIS. The indexes provide citations and abstracts for Australian legal and public affairs journal articles. Previously, AGIS and APAIS were only available in the library. Visit http://www.liv.asn.au/library for more details.

Opening hours
A reference librarian is available until 6pm on Monday to Thursday evenings to assist with your inquiries.
Monday to Thursday 8.30am – 6pm
Friday 8.30am – 5pm

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the LIV website at http://www.liv.asn.au/research. Or request research assistance or loans, find out about training, and gain access to other legal resources via the links provided.

New books & seminar papers

The following publications are available at the library. Unless otherwise indicated, they are available for loan to LIV members. The borrowing period is one week. You are welcome to reserve an item that is currently on loan.

Advocacy
Ross, David, Advocacy, Cambridge University Press, 2005. (Location KL 93 R 2)

Appeal courts
Lovell, Peter, Litigation: Appeals in civil matters. Seminar paper, 1 March 2005, Law Institute of Victoria, 2005. (Location F KN 361 L 2)

Appeals
Croucher, Michael and Priest, Phillip, CPD Criminal Law Intensive Day. Session 1: Court of Appeal. Seminar paper, 17 March 2005, Law Institute of Victoria, 2005. (Location F KN 361 C 1)

Bankruptcy
Hinton, Robert, Commercial: Introduction to corporate insolvency. Seminar paper, 15 March 2005, Law Institute of Victoria, 2005. (Location F KN 310 H 4)

Bodies corporate
Leshinsky, Rebecca, The ABC of Victorian Bodies Corporate, Law Crest, 2005. (Location KN 72 L 5)

Building contracts
McPhee, Neil and Thomas, Bryan, CPD Property Law Intensive Day. Session 2: Domestic building contracts. Seminar paper, 15 March 2005, Law Institute of Victoria, 2005. (Location F KN 83.8 M 3)

Business
Burke, Tony, Byrne, John and Bowyer, Geoff, CPD Commercial Law Intensive Day. Session 3: Lifecycle of a business. Seminar paper, 17 March 2005, Law Institute of Victoria, 2005. (Location F KN 250 B 2)

Code of banking practice
Wentworth, Elisabeth, Revised Banking Code of Practice. Seminar paper, 6 April 2005, Law Institute of Victoria, 2005. (Location F KN 303 W 1)

Equal opportunity
Scott, Eileen, CPD Compliance Day. Session 3: Equal opportunity. Seminar paper, 18 March 2005, Law Institute of Victoria, 2005. (Location F KN 191.3 S 1)

Industrial relations
Farr, Andrew and Pill, Stuart, CPD Workplace Relations Law Intensive Day. Session 3: Practice and procedural issues. Seminar paper, 17 March 2005, Law Institute of Victoria, 2005. (Location F KN 190 F 1)

Insurance contracts
Hawke, Fred, Milnes, Nancy and Baic, Vanessa, Advanced Civil Litigation Seminar Series 2005. Proposed amendments to the Insurance Contracts Act 1984. Seminar paper, 4 April 2005, Law Institute of Victoria, 2005. (Location F KN 290.3 H 1)

Mental health
Dalton, Tom and Ogloff, James, CPD Criminal Law Intensive Day. Session 2: Mental impairment and fitness to plead. Seminar paper, 16 March 2005, Law Institute of Victoria, 2005. (Location F KM 506 D 1)

Personal injuries
Burdeu, Bob, Fogarty, Marcus and Arnold, Michael, CPD Litigation Lawyers Intensive Day. Session 1: Overview of injury claims, industrial accidents and insurance claims. Seminar paper, 16 March 2005, Law Institute of Victoria, 2005. (Location F KN 294.69.A2 B 1)

Power of attorney
Collier, Berna, Coyne, Chris and Sullivan, Karen (eds), Mental Capacity. Powers of attorney and advance health directories, The Federation Press, 2005. (Location KN 185 M 1)

Property
Jorgensen, Ron and O’Keefe, Robert, CPD Property Law Intensive Day. Session 1: Tax and duty issues in property law. Seminar papers, 15 March 2005, Law Institute of Victoria, 2005. (Location F KM 336.36 J 1)

Retail tenancies
Lowenstern, Peter, Property. Leases – the ins and outs. Seminar paper, 5 April 2005, Law Institute of Victoria, 2005. (Location F KN 92 L 1)

Visas
Clothier, Michael, CPD Migration Law Intensive Day. Session 3: Cancellation and monitoring of business skills visas. Seminar papers, 18 March 2005, Law Institute of Victoria, 2005. (Location F KM 175.4 C 3)

Articles

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 http://www.liv.asn.au/library. Please complete and submit this form via email or fax.

Bankruptcy; Family law
Altobelli, Tom, “Harmonising the bankruptcy and family law regimes” in Law Society Journal, pp55-57. (ID No 4294)

This article provides an overview of the recent Bankruptcy and Family Law Legislation Amendment Act 2005 (Cth) and considers how bankruptcy and family law often interact both before marital separation and after.

Copyright; Computer software
Marshall, Andrew, “Code borrowing and copyright” in De Rebus, no 441, April 2005, pp19-21. (ID No 4277)

“Code borrowing” refers to a situation where software developers retain blocks of code from software solutions developed with one employer and then use these blocks with a different employer. The author considers whether this is in breach of copyright.

Employment law
Pittard, Marilyn, “Agreements straying beyond employment matters: the impact of the agreement validation matters legislation” in Australian Journal of Labour Law, vol 18 no 1, April 2005, pp71-86. (ID No 4284)

In this analysis of the Workplace Relations Amendment (Agreement Validation) Act 2004, the author discusses the scope of the legislation, its possible impact and the ambiguities that remain. Amending legislation in relation to the Electrolux case is also considered.

Family farms; Duties
Chung, Zoe, “Hayes case – clear words lead to taxpayer win” in Australian Stamp Duties in Practice, vol 2 no 5, April 2005, pp52-54. (ID No 4291)

In Commissioner of State Revenue v Hayes [2004] VSC 504, the Victorian Supreme Court considered the application of the “family farm exemption” under s56 of the Duties Act 2000. The Court’s findings are summarised and possible applications to other exemptions in the Duties Act are discussed.

Legal professional privilege
Wilson, Tony, “House of Lords clarifies purpose and scope of advice privilege” in Brief, vol 32 no 3, April 2005, pp21-23. (ID No 4272)

This article discusses “advice privilege” in relation to bank documents prepared internally by bank employees for an Inquiry. The differences between the Australian and English positions on advice privilege are addressed.

Limited liability; Building contracts
Schenk, Peter and Wellard, Rachelle, “Limitation of liability clauses – some considerations” in Australian Construction Law Bulletin, pp25-27. (ID No 4279)

Limitation of liability in construction contracts is investigated. The author discusses common clauses, liability external to the parties, breach v indemnities and common problems.

Marijuana; Criminal law
Feerick, Christine, “Controlling cannabis use effectively – an ideological or attainable goal?” in Criminal Law Journal, vol 29 no 2, 2005, pp116-120. (ID No 4273)

This article looks at the state of the law in relation to marijuana prohibition – total prohibition (including zero tolerance) is explored, as is prohibition with civil penalties for minor offences and harm minimisation policies. Different state strategies are compared; a case study of the ACT Simple Cannabis Offence Notice System (SCON) system is provided.

Marketing; Sole practitioners
“No time. No money. No contacts. Solo and small firm marketing hurdles: experts answer your toughest marketing questions” in Law Practice, vol 31 no 2, March 2005, pp32-43. (ID No 4278)

A solo and small firm marketing survey was conducted to assess what prevented small firm practitioners from marketing their practice.

Occupational health and safety
Bluff, Liz, “‘Reasonably practicable’ and risk management” in OHS Alert, issue 3, 7 April 2005, pp1-3. (ID No 4280)

Two issues central to Australian occupational health and safety law – “reasonably practicable” and risk management – and the relationship between the two are discussed.

Personal injury; Deep vein thrombosis
Byrne, Veronica, “Deep vein thrombosis” in Australian Product Liability Reporter, vol 16 no 3, April 2005, pp33-36. (ID No 4292)

The development of the law in relation to deep vein thrombosis (DVT) is examined. The discussion covers recent DVT claims in Australia, the test case that is the subject of an appeal to the High Court, and the 1929 Warsaw Convention to which Australia is a signatory.

Spamming; Internet regulation
Argy, Philip, “Will the new code keep the lid on spam?” in Internet Law Bulletin, pp1-4. (ID No 4282)

In this report on Australian, US and EU spam legislation, the author looks at a proposed e-marketing code of practice which has implications for Australian service companies. The author highlights a recent UK decision where the proprietor of SPAM – the trade mark luncheon meat – argued that the use of the trade mark SPAMBUSTER for computer programming services was invalid.

Wills; Presumption of death
Sparke, Carolyn, “Missing – presumed dead” in Wills & Probate Bulletin, issue 39, March 2005, pp1-3. (ID No 4275)

The author reviews the general rules relevant to Victorian applications for a person to be presumed dead. Some useful guidelines are provided for where persons are missing, whether in an “obvious disaster” or a more common “presumed death” situation.

Alice Dowdle and Melissa Spain
Reference Librarians

library@liv.asn.au

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