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Inreference (articles)

Every Issue

Cite as: (2007) 81(7) LIJ, p. 84

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

Contact details

Library staff Belinda, Catherine, Johanna and Michelle can be contacted by phone, email or fax.
We look forward to hearing from you and assisting with your inquiries.

Ph 9607 9360/1 Fax 9607 9359

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

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

Research databases
Members 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. Visit for more details.

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.

Business contracts

Little, Peter, Commercial. Construction and consequences of drafting a commercial contract. Seminar paper, 17 April 2007, Law Institute of Victoria, 2007. (Location F KN 254 L 1)

Company law

Lonergan, Wayne, The Valuation of Businesses, Shares and Other Equity (4th edn), Allen & Unwin, 2003. (Location KN 263 L 2 4)

Computer crime

Kanellis, Panagiotis et al, Digital Crime and Forensic Science in Cyberspace, Idea Group Publishing, 2006. (Location KN 394.5 K 1)


Lindsay, David and Brennan, David, Amendments to the Copyright Act. Seminar paper, 29 March 2007, Law Institute of Victoria, 2007. (Location F KN 112 L 1)


Odgers, Stephen, Principles of Federal Criminal Law, Lawbook Co, 2007. (Location KM 505 O 1)

De facto relationships

O’Shannessy, Patrick, Family. Essentials in de facto property law. Seminar paper, 27 March 2007, Law Institute of Victoria, 2007. (Location F KN 174 O 1)

Dispute resolution

Gale, Cathy and Sourdin, Tania, Introduction to Collaborative Law. Seminar paper, 27-28 April 2007, Law Institute of Victoria, 2007. (Location F KN 398.6 G 1)

Family law

Mushin, Nahum et al, How to Prepare for and Conduct Cases in the Family Court Judicial and Senior Registrar’s Duty Lists. Seminar paper, 28 February 2007, Law Institute of Victoria, 2007. (Location F KN 173 M 2)

Industrial relations

Owens, Rosemary and Riley, Joellen, The Law of Work, Oxford University Press, 2007. (Location KN 190 O 1)

Legal logic

Pirie, Madsen, How to Win Every Argument: The use and abuse of logic, Continuum International Publishing Group, 2006. (Location KA 55 P 1)

Not-for-profit organisations

Mortimer, Derek, Setting Up a Not-for-profit Foundation: The legal issues. Seminar paper, 16 April 2007, Law Institute of Victoria, 2007. (Location F KN 169.4 M 1)

Personal injuries

Tsalamandris, Andrea, Personal Injuries Law Update. Seminar paper, 14 March 2007, Law Institute of Victoria, 2007. (Location F KN 38.1 T 2)

Retail tenancies

Croft, Clyde et al, Retail Leases Act – Q & A With the Experts. Seminar papers, 30 April 2007, Law Institute of Victoria, 2007. (Location F KN 92.6 C 8)


Harvey, Keith, A Practical Guide to Service Entity Arrangements, Thomson, 2006. (Location KM 336.6 H 1)

Trade practices

Shirrefs, Doug and Barker, Sarah, Keeping an Eye on Conduct. Practical implications of developments in trade practices law and ACCC enforcement policies for small-medium business clients. Seminar paper, 11 April 2007, Law Institute of Victoria, 2007. (Location F KN 266 S 3)

Transport accidents

Sanger, Liberty and Collins, Geraldine, Personal Injury. Essentials in WorkCover and TAC. Seminar paper, 10 April 2007, Law Institute of Victoria, 2007. (Location F KN 38.1 S 1)

Water resources

Adams, John et al, Unbundling: Victorian water reform and its implications for the legal industry. Seminar paper, 2007, Law Institute of Victoria, 2007. (Location F KN 85 A 1)


Swan, Allan, Wills and Estates. Wills drafting and testamentary trusts. Seminar paper, 13 March 2007, Law Institute of Victoria, 2007. (Location F KN 125.2 S 1)

Workers’ compensation

Clarke, Damian and Lenczner, Joe, Recent Changes to Comcare. Seminar paper, 4 April 2007, Law Institute of Victoria, 2007. (Location F KN 198.8 C 1)


Members wishing to obtain copies of the following articles can phone 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: $16.50 per document. Alternatively, use onsite self-service copying at 25 cents per page. For your convenience a request form is available on the LIV website – please complete and submit this form online or via fax.

Contracts of employment

Ruskin, Nick and Manos, Alex, “The new duty implied into employment contracts” in Inhouse Counsel, vol 10 no 6, April 2007, pp58-59. (ID No 4913)

The NSW Supreme Court has found that an implied duty of mutual trust and confidence and an implied duty of good faith are components of the employment relationship and a part of employment contracts.

Employees’ liability

Pengilley, Warren, “Employees personally liable for misleading conduct at work” in Law Society Journal (NSW), vol 45 no 2, March 2007, pp51-53. (ID No 4914)

A recent High Court decision on the individual liability of employees for misleading conduct while acting on behalf of their employer has increased the avenues available to aggrieved consumers.

Formation of contracts

Mulholland, William, “Gotta love the Dame” in Lawyers Weekly, issue 335, 27 April 2007, pp20-22. (ID No 4907)

Despite a series of joint concerts being organised for performers Dame Kiri Te Kanawa and John Farnham, Dame Kiri refused to participate. This episode and the subsequent case in the NSW Supreme Court highlight the dangers of oral contracts and also draw attention to common problems surrounding the formation of contracts in the entertainment industry.

Human rights

Warren, Chief Justice, “‘Introduction to human rights law’: seminar – part 1” in Australian Law Journal, vol 81 no 4, April 2007, pp245-247. (ID No 4900)

Chief Justice Marilyn Warren AC introduced the Charter of Human Rights and Responsibilities Act 2006 (Vic) at a seminar for Victorian judicial officers in February 2007. This article is an edited version of her paper.

Brennan, Hon Sir Gerard, “‘Introduction to human rights law’: seminar – part 2” in Australian Law Journal, vol 81 no 4, April 2007, pp248-258. (ID No 4904)

This edited version of the paper that Sir Gerard Brennan delivered to Victorian judicial officers on 19 February 2007 considers the approach to interpreting the Charter of Human Rights and Responsibilities Act 2006 (Vic).

Interlocutory injunctions

Slattery, Paul, “The test for granting interlocutory injunctions” in Law Society Bulletin (SA), vol 29 no 2, March 2007, pp18-19. (ID No 4909)

The test for granting interlocutory injunctions was considered by the High Court of Australia in Australian Broadcasting Corporation v O’Neill [2006] HCA 46.


McLaughlin, Paul, “Being a good boss: dos and don’ts for working with your first assistant” in Law Practice, vol 33 no 3, April/May 2007, pp38-39. (ID No 4898)

New lawyers may be unclear about what their expectations should be when working with an assistant for the first time. Clarifying your expectations is the first step to building a productive relationship. Communication is key.

Native title

Irvin, Zoey, “Wilcox J and Olney J. A comparative analysis of historical assumptions in the Yorta Yorta and Single Noongar decisions” in Indigenous Law Bulletin, vol 6 no 24, December 2006/January 2007, pp24-26. (ID No 4896)

The author proposes that assumptions about “cultural loss” in the “settled south” of Australia may have influenced the outcome of the Yorta Yorta trial.

Senior counsel

McKechnie, Justice, “Cutting a swathe through silk” in Brief, vol 34 no 1, February 2007, p27. (ID No 4899)

Justice McKechnie of the Supreme Court of Western Australia suggests that the time has come to abolish the position of Senior Counsel. Failing this, it is suggested that courts and judges should be distanced from the selection process.

Small business; Taxation

Power, Rob, “When is a small business small?” in CGT Planning News, issue 33, 13 April 2007, pp1-5. (ID No 4911)

The exposure draft for the Tax Laws Amendment (Small Business) Bill 2007 is analysed in this article. The proposed legislation will set standards for what is a small business and will simplify access to small business concessions.

Sole practitioners

Filisko, GM, “The secrets of million dollar solos” in ABA Journal, vol 93, April 2007, pp39-44. (ID No 4915)

The American Bar Association looks at what it takes to be a sole practitioner in the US earning over $1 million dollars annually. Interviews with four attorneys who have achieved this success reveal how they built their blockbuster practices.


Drury, Barbara, “Sowing the seeds for your future” in Charter, vol 28 no 2, March 2007, pp33-37. (ID No 4912)

“Simpler Super”, the government’s changes to superannuation announced in the 2006/07 Budget, apply from July 2007. This article outlines the changes and suggests planning strategies for both young and old.

Trade practices

De Wilde, Frederika, “The less said – the worse: silence as misleading and deceptive conduct” in Trade Practices Law Journal, vol 15 no 1, 2007, pp7-26. (ID No 4910)

The author looks at whether silence or a failure to disclose relevant information constitutes misleading or deceptive conduct under s52 of the Trade Practices Act 1974. The discussion also covers case law and the reasonable expectation test.



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