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inreference (articles)

Every Issue

Cite as: (2007) 81(3) LIJ, p. 74

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

Library helpdesk

Contact details
Library staff Alice, 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
A reference librarian is available on Monday to Thursday evenings until 6pm 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 Or request research assistance or loans, find out about training, and gain access to other legal resources via the links provided.

New service
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 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.

Commercial law
Burke, Anthony et al, 2006 LIV Commercial Law Conference. Seminar papers, 8 September 2006, Law Institute of Victoria, 2006. (Location F KN 250 B 6)

Morton, Pam, Practical Ethics for Lawyers. Seminar audio CDs, 13 November 2006, Law Institute of Victoria, 2006. (Location ACD 39)

Family law
Campbell, Jacqueline et al, 2006 LIV Family Law Conference. Seminar papers, 1 September 2006, Law Institute of Victoria, 2006. (Location F KN 170 C 1)

Dickey, Anthony, Family Law (5th edn), Lawbook Co, 2007. (Location KN 170 D 1 5)

Industrial relations
Harper, Ian et al, 2006 LIV Workplace Relations Conference. Seminar papers, 17 November 2006, Law Institute of Victoria, 2006. (Location F KN 190 H 1)

Legal dictionaries
Harbour, Carmen (ed), The Law Handbook 2007. Your practical guide to the law in Victoria (30th anniversary edn), Fitzroy Legal Service, 2006. (Location REF K 168 L 1)

Legal research
Hutchinson, Terry, Researching and Writing in Law (2nd edn), Lawbook Co, 2006. (Location LK 155 H 1)

Medical law
Richardson, Mark et al, Medicine and Law Conference 2006. Seminar paper, 23 and 24 November 2006, Law Institute of Victoria, 2006. (Location F K 185 R 2)

Magner, Eilis S, Joske’s Law and Procedure at Meetings in Australia (10th edn), Lawbook Co, 2007. (Location KN 164 J 1 10)

Tell, Lily et al, 2006 LIV Property and Environmental Law Conference. Seminar papers, 3 November 2006, Law Institute of Victoria, 2006. (Location F KN 60 T 3)

Sexual offences
Hughan, Greg and Dalziel, Frances, 2006 LIV Crimes (Sexual Offences) Conference. Seminar papers, 17 November 2006, Law Institute of Victoria, 2006. (Location F KM 544 H 1)

Small business
Birch, Charles, Law for Small Business (2nd edn), Wrightbooks, 2002. (Location KN 260.2 B 2)

Trust accounts
Dunn, Jol, Trust Accounts for Lawyers, Risks, Exposures and Best Practice for Principals. 29 September 2005, Law Institute of Victoria, 2006. (Location ACD 41)

Hardingham, Ian, Boaden, Richard and Waddell, Richard, 2006 LIV Wills and Estates Conference. Seminar papers, 9 October 2006, Law Institute of Victoria, 2006. (Location F KN 125 H 3)

Tredinnick, Mark, The Little Red Writing Book, University of New South Wales Press, 2006. (Location F K 101 T 1)


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 $11. Alternatively, use onsite self-service copying at 25 cents per page. 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.

Aged persons
Flaws, Jonathan, “Reverse mortgages – reviewing the loan documents” in LawTalk, no 678, 13 November 2006, pp18-19. (ID No 4774)

The New Zealand Law Society has put together a set of guidelines for those advising clients on reverse mortgages. This article provides a 16-point checklist.

Carbon credits; Climate change
MacIntyre, Amrit, “Climate change law – state taxation issues” in CCH Tax Week, issue 43, 2 November 2006, pp1-7. (ID No 4768)

The treatment of carbon credit trading under Australian stamp duty legislation is the subject of this article.

Complaints; Legal profession
O’Brien SC, Fran, “The Legal Profession Act 2004: a comparative look at the changes to the civil and disciplinary complaints system” in Victorian Bar News, No 138, Spring 2006, pp11-15. (ID No 4762)

Under the Legal Profession Act 2004 (Vic) any civil and/or discipline complaint must be lodged with the Legal Services Commissioner.

Copyright; Internet
O’Brien, Damien and Fitzgerald, Brian, “Digital copyright law in a YouTube world” in Internet Law Bulletin, vol 9 nos 6 & 7, November 2006, pp71-74. (ID No 4763)

This article considers from an Australian perspective the key copyright issues faced by video-sharing websites.

Copyright; Internet; Music
Williams, Michael, “File sharing in the brave new world: peer-to-peer after Kazaa begins filtering its files” in Internet Law Bulletin, vol 9 nos 6 & 7, November 2006, pp83-84. (ID No 4773)

The settlement between Kazaa (the leading single file sharing system) and the global recording industry has significant implications for the peer-to-peer industry.

Discrimination in employment
Adams, Lee, “Defining away discrimination” in Australian Journal of Labour Law, vol 19 no 3, 2006, pp263-282. (ID No 4771)

In NSW v Amery (2006) 226 ALR 196 the High Court considered the discriminatory effect of a pay scale for casual teachers in the NSW Teaching Service that is lower than the scale available to permanent teachers.

Expert reports; Discovery
Belperio, Enzo, “To what extent are draft expert reports discoverable?” in Law Society of South Australia Bulletin, vol 28 no 10, November 2006, pp12-13. (ID No 4790)

The judgment delivered in Harris Scarfe Ltd (receivers and managers appointed) (in liquidation) v Ernst & Young (No 6) [2006] SASC 148 is noteworthy for solicitors who engage expert witnesses.

Industrial disputes
Van Gramberg, Bernadine, “What does WorkChoices mean for ADR practitioners?” in ADR Bulletin, vol 9 no 1, September 2006, pp4-10. (ID No 4766)

The new workplace legislation has diminished the role of the AIRC and opened up dispute resolution to a range of new providers.

Industrial relations; Corporations power
“The High Court and the WorkChoices case: a brief overview” in Workplace Relations Australia, Bulletin 4, November 2006, pp2-5. (ID No 4789)

New South Wales v Commonwealth of Australia [2006] HCA 52 (the WorkChoices decision) upheld the WorkChoices legislation through a broad interpretation of corporations power.

Marshall, Patricia, “Emotional competence and the mediator” in ADR Bulletin, vol 9 no 2, October 2006, pp21-27. (ID No 4777)

This article explores findings of the first part of a doctoral study at the University of Melbourne which looks at the challenges faced by the mediator, particularly in terms of emotional self-awareness and empathy.

Real estate agents; Disclosure
O’Shea, Kathryn, “Tribunal upholds fines for non-disclosure of a property’s crime scene history” in Australian Property Law Bulletin, vol 21 no 2, August 2006, pp34-36. (ID No 4793)

In Hinton v Commissioner for Fair Trading [2006] NSWADT 257, the real estate agents were found to have concealed a material fact and to have engaged in misleading and deceptive conduct by failing to disclose the history of a property as a crime scene.

Trade marks
Foster, Georgia, “Google and Apple Computer take action to protect their ‘Google’ and ‘iPod’ trade marks against trade mark dilution” in Internet Law Bulletin, vol 9 nos 6 & 7, November 2006, pp85-86. (ID No 4775)

Under s24 of the Trade Marks Act 1996 (Cth), if a trade mark becomes part of com-mon usage, i.e. “to google”, then the trade mark can be weakened and the owner may lose sole rights to it.



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