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Every Issue

Cite as: (2004) 78(3) LIJ, p. 80

Library helpdesk

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
Email library@liv.asn.au

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A reference librarian is available every Monday and Wednesday evening until 7.30pm to assist with your inquiries
Monday and Wednesday 9am – 7.30pm
Tuesday and Thursday 9am – 6pm
Friday 9am – 5pm

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the Law Institute’s 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 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.

Articled clerks
Duncan, Lucy and Baumgurtel, Matt (eds), Articles Guide, Monash University, 2004. (Location REF)

Bail
Melasecca, Rob and Petrovich, Serge, Criminal: How to negotiate with the police and how to appear at a bail application. Seminar paper, 9 September 2003, Law Institute of Victoria, 2003. (Location F KM 580.6 M 1)

Building law
Cremean, Damien, Shnookal, Toby and Whitten, Michael, Brooking on Building Contracts (4th edn), LexisNexis Butterworths, 2004. (Location KN 83.8 B 1 3)

Equity
Glover, John, Equity, Restitution and Fraud, LexisNexis Butterworths, 2004. (Location KN 200 G 2)

Expert evidence
Harper, David and Stone, Owain, Legal Update: Expert evidence – the new rules in the Supreme and County Courts. Seminar paper, 26 November 2003, Law Institute of Victoria, 2003. (Location F KN 390 H 1)

Financial reporting
Bostock, Tom, Lynch, Emma and Perret, Karen, CLERP 9: What lies ahead. Seminar papers, 1 December 2003, Law Institute of Victoria, 2003. (Location F KN 261 B 1)

Legal professional privilege
Harris, Gregory and Angus, Ian, Legal Update: The privileged profession goes in-house. Seminar paper, 9 December 2003, Law Institute of Victoria, 2003. (Location F KN 386.5 H 1)

Media law
Butler, Des and Rodrick, Sharon, Australian Media Law (2nd edn), Lawbook Co, 2003. (Location KN 343 B 1 2)

Native title
Perry, Melissa and Lloyd, Stephen, Australian Native Title Law, Lawbook Co, 2003. (Location KN 72.4 P 1)

Pleadings
Magee, Aine, Litigation: Drafting and understanding pleadings. Seminar paper, 23 September 2003, Law Institute of Victoria, 2003. (Location F KN 383 M 2)

Privacy
Jackson, Margaret, A Practical Guide to Protecting Confidential Business Information, Lawbook Co, 2003. (Location KM 209.P7 J 1)

Wills
Rowland, Charles and Tamsitt, Gary, Hutley’s Australian Wills Precedents (6th edn), LexisNexis Butterworths, 2004. (Location KN 125 H 1 6)

Workers compensation
Gill, Harry, Employment: An introduction to workers compensation. Seminar paper, 16 September 2003, Law Institute of Victoria, 2003. (Location F KN 198.8 G 1)


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/research. Please complete and submit this form via e-mail or fax.

Digital copyright
Minahan, Simon, “Sony v Stevens: temporary solution on temporary reproduction” in Internet Law Bulletin, vol 6 no 8, November/December 2003, pp95-97. (ID No 3758)

The anti-circumvention provisions of the Copyright Act 1968 (Cth) – introduced by the Copyright Amendment (Digital Agenda) Act 2000 (Cth) – were considered for the first time by the Full Court of the Federal Court in Kabushiki Kaisha Sony Computer Entertainment v Stevens [2003] FCAFC 157 (30 July 2003). The status of random access memory (RAM) as storage was also addressed.

Disability discrimination; Schools
Wong, Angeline, “The legality of suspending and expelling a disabled student” in ALMD Advance, no 23, 27 November 2003, pp1-3. (ID No 3774)

In Purvis v New South Wales (11 November 2003), the High Court found that a school’s suspension and eventual expulsion of a brain-damaged student who demonstrated extreme violent behaviour did not breach the Disability Discrimination Act 1992 (Cth). This article considers the proper approach to the construction of the Act, the application of the term “disability”, direct discrimination and the meaning of the phrase “because of”.

Discrimination in employment; Carers’ leave
Bourke, Juliet, “Harassing employees with carers’ responsibilities is unlawful” in Equal Opportunity Alert, issue 140, 16 December 2003, pp1-2. (ID No 3766)

A September 2003 Federal Magistrates Court decision recognised that employees may be subjected to harassment on the basis of their caring responsibilities and that this constitutes a form of discrimination.

Domestic partners
Scott, Steven, “On the significance of relationships: Tasmania leads the way” in ALMD Advance, no 21, 3 October 2003, pp1-3. (ID No 3744)

The Relationships Act 2003 (Tas) recognises same-sex and heterosexual de facto relationships, as well as non-conjugal care-based relationships and extended kinship ties.

Ejectment; Land titles; Limitations
Petersson, Sandra, “Adverse possession” in Reform, issue 83, 2003, pp64-65. (ID No 3742)

The Canadian province of Alberta’s recent report, Limitations Act Adverse Possession and Lasting Improvements (2003), addresses the issue of adverse possession and reviews the relationship between land titles and limitation periods.

Family Court of Australia
“Family Court year in review” in Australian Family Law – Court Handbook Summary, issue 141, 15 December 2003, pp1-4. (ID No 3768)

A summary of the 2002/03 Family Court annual report, landmark cases in 2003 and achievements of the Court during the year.

Goods and services tax
Egan, Brian, “GST case law in Australia: the story so far” in Taxation in Australia, issue 38 no 6, December 2003–January 2004, pp323-326. (ID No 3756)

The forecast surge in GST litigation has not eventuated. The author looks at the past three and a half years since the establishment of the tax.

Guarantees
Millbank, Jenni and Lovric, Jenny, “Darling, please sign this form: relationship debt and guarantees” in Alternative Law Journal, vol 28 no 6, December 2003, pp282-287. (ID No 3760)

This article outlines the major findings of a research report into the practice of third party guarantees in New South Wales.

Industrial law; Unfair dismissal
Russell, Louise and Stagoll, Bella, “Workplace Internet policy: nature and enforcement” in Employment Law Bulletin, vol 9 no 7, 2003, pp75-78. (ID No 3772)

Breach of email and Internet policies in the workplace is not necessarily a valid ground for termination of employment. In recent times, the various commissions have started to scrutinise the wording of workplace policies regarding Internet and email use, and to pay particular attention to the disciplinary action referred to in these policies. Employers need to pay close attention to the wording of these policies and to ensure that any disciplinary action imposed for a breach of policy is proportionate and appropriate.

Legal profession
Schmidt, Lucinda, “Lawyers in limbo” in Business Review Weekly, vol 25 no 47, December 2003, pp44-51. (ID No 3775)

Australia’s 10 largest law firms have adopted diverse approaches to generating revenue in a highly competitive legal market.

Legal profession; Regulation
Carter, Terry, “Revolution overseas” in ABA Journal, no 89, December 2003, pp16-18. (ID No 3761)

A change in the regulation of the legal profession in England and Wales appears inevitable. Another change may be the liberalisation of multidisciplinary practices.

Legal services; Legal representation
Giddings, Jeff and Robertson, Michael, “Making sense of helping yourself” in Law Society Journal, vol 41 no 6, July 2003, pp52-53. (ID No 3770)

Consumers of legal services of all kinds are playing a larger part than ever before in their own legal service delivery. Research into the nature and prevalence of new forms of legal services has found that self-help is not a substitute for legal representation.

Limited liability; Exclusion clauses; Professional liability
Arnull, Christopher, “Professional advisers and limitations on liability” in Journal of Professional Negligence, vol 19 no 4, 2003, pp494-506. (ID No 3767)

The article sets out the ways in which professional advisers, particularly solicitors, accountants and auditors, may attempt to fix a financial limit on their liability to their clients. This refers to the standard practice of limiting potential liabilities by inserting exclusions and limitations into contracts.

Marriage; Domestic partners; Homosexual parents; Transsexuality
Humphreys, Amanda, “Families in a contemporary Australian context: time to revisit the definition of marriage” in Young Lawyers Journal, issue 26, 2003, pp4-5. (ID No 3769)

A change in community attitudes and the changing nature of Australian families, recognised by recent case law and academic discussion, suggests that it is time for Australia to revisit its definition of marriage. This article considers changes in relation to sexual identification, pre- and post-operative transsexual persons, same sex couples and children in “non-traditional” families.

Medical negligence; Damages
“High Court upholds damages award for cost of raising child” in ACL Express, issue 14, 23 July 2003, pp3-4. (ID No 3771)

In Cattanach v Melchior the High Court was concerned with determining whether damages may be recovered following negligent advice after a sterilisation procedure that resulted in an unexpected pregnancy and then birth.

Negligence; Damages
Begg, Andrew, “The Toomey case: a claim for damages against a number of ‘builder’ defendants and others in the Supreme Court of Victoria 2001” in Building Dispute Practitioners’ Society Newsletter, issue 15, December 2003, pp14-16. (ID No 3763)

The author considers the social issues raised by Toomey v Scolaro’s Concrete Constructions Pty Ltd (in liq) & Ors (No 2) [2001] VSC 279. He comments that the current system is perhaps a legal lottery, inappropriate for dispensing compensation to victims of accidents.

Privacy
Evans, Katrine, “The rise and rise of damages awards for breaches of privacy? Hamilton v The Deanery 2000 Ltd” in Privacy Law and Policy Reporter, vol 10 no 7, December 2003, pp127- 131. (ID No 3762)

In August 2003 the New Zealand Human Rights Review Tribunal awarded $40,000 in damages for interference with privacy – its highest ever award.

Product safety; Cattle; Diseases
Nottage, Dr Luke and Trezise, Melanie, “Mad cows and Japanese consumers” in Australian Product Liability Reporter, vol 14 no 9, November/December 2003, pp125-136. (ID No 3759)

This article reviews the two-year history of bovine spongiform encephalopathy (BSE or mad cow disease) in Japan, including scientific and medical uncertainties, the effect of the outbreak on the beef market, and regulatory responses.

Alice Dowdle and Johanna Ratcliff
Law Institute Librarian

library@liv.asn.au

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