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Every Issue

Cite as: July 2012 86 (07) LIJ, p.72

New books and articles of interest from the LIV library.


With so many legal resources available online, do you need to refresh or build on your legal research skills? Would you like to be shown research tips, product features and functions to make online legal research faster and easier? Then why not take advantage of our legal research training workshops. We can deliver customised training either at your firm or in the LIV library. Upcoming training “Legal Research Online: what can I get for free?” will be held in Shepparton, Leongatha and Ararat.

For more information, or to register your interest in regional training, please contact or phone 9607 9364.


Ever wondered how we find citations and answers to members’ questions so quickly? Our professional librarians are experts at research and at navigating online databases. But here’s a little secret: they use a collection of legal databases that’s also available to you as a member of the LIV. Why not use your member’s log in to access, search and view articles from AGIS, APAIS and HeinOnline? These indexes to articles are reliable and efficient legal resources.

The Attorney-General’s Information Service (AGIS) is a searchable index which is uniquely Australian and covers law articles from 1975 to the present. Over 400 titles are indexed, featuring various legal topics.

Australian Public Information Service (APAIS) covers current affairs, economics, humanities, law, literature, politics and social sciences and is produced by the National Library of Australia.

HeinOnline is a predominantly North American database, with some international and Australian content. It provides access to comprehensive and in many cases unique collections of legal journals, law reviews, legislation, congressional and presidential documents and treaties, as well as selected US Federal case law and monographs. The law journal library is fully searchable and research results can be downloaded as PDFs.


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.

Holmes, Malcolm and Brown, Chester, The International Arbitration Act 1974: A commentary (2011 edn), LexisNexis Butterworths, 2012 (Location: KN 398 H 2)
Jacobs, Marcus, Security of Payment in the Australian Building and Construction Industry (4th edn), Thomson Reuters (Professional) Australia, 2012 (Location: KN 83.8 J 3 4)
Contract law
Patterson, Jeannie, Unfair Contract Terms in Australia, Thomson Reuters (Professional) Australia, 2012 (Location: KN 284 P 1)
Corporations law
Herzberg, Abe, Lipton, Phillip and Welsh, Michelle, Understanding Company Law, (16th edn), Thomson Reuters (Professional) Australia, 2012 (Location: KN 261 L 5 16)
Gourlay, Meg et al, National Costs Lawyers Conference. Seminar papers, 10 February 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 397 G 5)

Contents: New County Court Scale; New Federal Court scale; Advocacy in the costs court; Case law updates and recent issues.

Estate planning
Stewart, Miranda and Flynn, Michael, Death and Taxes: Tax-effective estate planning (5th edn), Thomson Reuters (Professional) Australia, 2012 (Location: KM 337.33 S 1 5)
Anderson, Jill, Williams, Neill and Clegg, Louise, The New Law of Evidence: Annotation and commentary on the uniform evidence acts, LexisNexis Butterworths, 2009 (Location: KN 390 A 6)
Limitation of actions
Handford, Peter, Limitation of Actions: The laws of Australia (3rd edn), LawBook Co, 2012 (Location: KN 355 H 3 3)
Medical law
Saccardo, Frank, et al, Annual Medicine and Law Conference. Seminar papers, 24 February 2012, Law Institute of Victoria, Continuing Professional Development, 2012 (Location: F KN 185 S 2)

Contents: Recent trends in the medical division of the Damages and Compensation List of the County Court of Victoria; Representing health practitioners in disciplinary proceedings; A balancing act: the competing duties to patients and staff; Prevention no blame; The privilege against self-incrimination applications under s57 of the Coroners Act 2008.

Motor and traffic law
Lombard, Michael, Marquis, John and Walsh-Buckley, Warwick, Motor and Traffic Law Victoria (3rd edn), LawBook Co, 2012 (Location: KN 355 H 3 3)
Parental leave
McCarthy, Erin, Jenkin, Elise and Stewart, Andrew, Parental Leave: A user-friendly guide. Thomson Reuters (Professional) Australia, 2012 (Location: KN 193.25 M 1)
Personal property securities
Harris, Jason and Mirzai, Nicholas, Annotated Personal Property Securities Act 2009 (Cth) :With rules and regulations 2010 (Cth), CCH Australia, 2011 (Location: KN 106.4 H 1)
Carney, Terry et al, Australian Mental Health Tribunals: Space for fairness, freedom, protection and treatment? Federation Press, 2011 (Location: KM 208.52 C 1)
Harwood Andrews Lawyers and Taxation Institute of Australia, Trust Structures Guide 2012: The ultimate resource for anyone advising on trusts, structuring and planning issues, Taxation Institute of Australia, 2012 (Location: KN 210 T 3 9)


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

Segelov, Tanya, “Third-wave asbestos cases” in Precedent, issue 109, March/April 2012, pp40-43 ID 46383)

Australia is currently experiencing a third wave of asbestos-related disease which has been defined as people who have been exposed to low-level or short-term exposure in the home or the workplace.

Class actions
Tobin, Tim and Fraatz, Andrew, “Bushfire class actions” in Precedent, issue 109, March/April 2012, pp4-9 (ID 46444)

Commentary on past and present class actions for bushfire litigation.

Madden, Bill, “Wrongful birth assessment of damages: judgment pending in Precedent, issue 109, March/April 2012, pp10-13 (ID 46423)

This article summaries the damages issues arising from raising a child after a wrongful birth. Issues discussed include breach of duty and the different components that could make up the costs awarded.

Data protection
Moens, Annelies, “Privacy in the cloud: key questions” in The Australian Corporate Lawyer, vol 22 no 1, March 2012, pp20-21 (ID 46230)

Outlines key privacy and risk factors to consider before introducing cloud computing as a source of data storage for your workplace.

Family violence
“DPP focuses on family violence victims” in Justice Review, issue 1, 2012, p12 (ID 46388)

The DPP has a new Director’s Family Violence Policy detailing best practice in handling family violence matters.

Forensic accounting
Stanfield, Allison, “Computer forensics and cloud computing: how if affects obtaining your client’s evidence” in Internet Law Bulletin, vol 14 no 9, March 2012, pp209-211 (ID 46211)

Commentary on the implication for forensic evidence in cases where experts need to gather the evidence and documents for presentation. This is a very difficult task to perform in a cloud environment where data is stored in a virtual environment. Discussion on computer forensics and the use of computer forensics for data stored in the cloud.

Independent contractors
Dare, Jol, “Contractors v employees - under the ATO spotlight” in Taxation in Australia, vol 46 no 9, April 2012, pp405-409 (ID 46293)

The author analyses the tax system, how it affects independent contractors now and in the future with the new building and construction industry reporting regime, as well as the personal services income regime.

International investments
Salatino, Gregorio, “Overview of umbrella clauses” in Business Law International, vol 13 no 1, January 2012, pp51-62 (ID 46359)

Commentary on umbrella clauses and international investment law.

Legal capacity
Dal Pont, GE (Gino Evan), “Lawyers, powers and capacity” in Law Society Journal (NSW), vol 50 no 3, April 2012, pp38-39 (ID 4627)

Article for solicitors on advising clients. Not taking into account the client’s capacity to give instructions can generate disciplinary consequences for the solicitor.

Legal ethics
Shepherd, Stafford, “Dirty laundry online: sometimes you can’t tell a client to clean up their act” in Proctor, vol 32 no 2, March 2012, pp36-37 (ID 46231)

Discussion including case law on giving advice to client to destroy documents from social media sites like Facebook if litigation is about to commence. This advice will bring a breach of the lawyer’s duty as an officer of the court.

Personal digital assistants
Mighell, Tom, “Tablet power: get the most of your iPad” in Law Practice, vol 38 no 2, March/April 2012, pp52-54 (ID 46296)

For those possessing an iPad this article gives tips on how to use some of the key features such as enabling Wi-Fi sync, locking your screen rotation and encrypting your email.

Personal injury
Manova, Sasha, “Assessing damages in catastrophic injury claims: key considerations and recent trends” in Precedent, issue 109, March/April 2012, pp23-31 (ID 46445)

Overview of catastrophic injury claims in which this article gives a review of particular heads of damage including general damages, economic loss, future care needs, gratuitous care, aids, appliances and equipment, housing, heating and air conditioning, hydrotherapy, motor vehicles, education costs, holiday costs, case management and administrative costs, funds management costs and life expectancy.

Personal property securities
Shtein, Oliver, “Australia’s PPSA - five months on” in Charter, vol 83 no 4, May 2012, p36 (ID 46456)

Overview of the Personal Property Securities Act after five months of operation. Article directed at accountants.

Winter, Richard and Wong, Justin, “The hidden implications of the PPSA on guarantees” in Law Society Journal (NSW), vol 50 no 3, pp59-61 (ID 46268)

Lenders and guarantors, or practitioners acting, should ensure that interests are registered under the new PPSA, so as not to lose priority in their security interest to their perfected security interests.

Downes, Kylie, “A briefing on briefs: how to brief counsel to prepare pleadings” in Proctor, vol 32 no 3, April 2012, pp32-33 (ID46267)

Instructions on how to brief counsel to prepare pleadings, including acting for the plaintiff in preparing a state of claim and acting for a defendant or a plaintiff who wishes to serve a reply.

Vendor and purchaser
Duncan, Bill, “Termites did not undermine sale” in Australian Property Law Bulletin, vol 26 no 6, April 2012, pp83-84 (ID 46440)

Commentary on case Wood v Balfour [2011] NSWCA 382 where a property had latent defects caused by termite damage. This damage was deceitfully covered up and not disclosed to prospective purchasers.


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