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inreference (articles)

Every Issue

Cite as: (2009) 83(03) LIJ, p. 74

New books and articles of interest from the LIV library.

New books & seminar papers

These items may be borrowed by members for one week. Borrowing is free of charge.

Alternative dispute resolution

Sourdin, Tania, Alternative Dispute Resolution, Lawbook Co, 2008. (Location: KN 398 S 1 3)

Employment law

Sappideen, Carolyn, Macken’s Law of Employment, Thomson Reuters Australia, 2008. (Location: KN 192 M 2 6)

Environmental law

Nelson, Rebecca, Emerging Issues in Environmental Law. Seminar paper, 18 November 2008, Law Institute of Victoria, 2008. (Location: F KN 94 N 1)

Estate planning

Clemente, Robert et al, Sound Education in Estate Planning. Television Education Network, November 2008. Audio CD. (Location: ACD 136)

Foreign policy

Parkinson, Tony, Liberty and Diplomacy: The challenges for Australian foreign policy in the 21st century, Institute of Public Affairs, 2008. (Location: KC 300 P 1)

Non-profit organisations; Corporate governance

Fishel, David, The Book of the Board: Effective governance for non-profit organisations, The Federation Press, 2008. (Location: KN 255 F 1 2)

Water law

Lucy, Juliet, Water Regulation: The laws of Australia, Thomson Reuters Australia, 2008. (Location: KN 85 L 1)

Webpage contracts

Blount, Simon, Electronic Contracts: Principles from the common law, The Federation Press, 2009. (Location: KN 13 B 1)

Wills

Kaufman, John and McNab, Stewart, The Essential Guide to Will-Making, Leo Cussen Institute, 2008. (Location: KN 125 K 2)

Articles

Articles may be requested online and will be emailed, faxed or mailed to members within 24 hours. An administration fee of $20 per article applies.

Adoption

Andrews, Isabel, “Adoption past and present” in Precedent, issue 88, September-October 2008, pp31-35. (ID No 5734)

Adoption laws and practice vary throughout Australia, however, the history of adoption and cultural shifts in Australian society are the same. This article discusses the principles that apply nationally.

Carbon trading schemes

Durrant, Nicola, “Establishing a legal framework for an effective carbon trading scheme” in Law Society Journal (NSW), vol 46 no 10, November 2008, pp72-73. (ID No 5739)

Australia’s legal system will play a vital role in facilitating the implementation of an effective carbon trading scheme which will establish carbon permits as “personal property”.

De facto relationships; Property settlements

Harland, Alexandra, “De facto relationships enter the mainstream” in Law Society Journal (NSW), vol 46 no 11, December 2008, pp64-67. (ID No 5775)

The author discusses the major issues practitioners will experience with changes in the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) which extend the financial settlement regime to parties in a de facto relationship.

Debt; Insolvency

Aitken, Lee, “What is a debt and why is it important to know?” in Law Society Journal (NSW), vol 46 no 11, December 2008, pp72-73. (ID No 5772)

This article looks at recent judicial consideration of the legal question of debt, a crucially important concept in determining whether a company’s liabilities can trigger insolvency.

Employment law; Independent contractors

Moore, Bruce, “Independent Contractors
Act 2006: first decisions” in Employment Law Bulletin, November 2008, pp85-88. (ID No 5766)

A clear understanding of the provisions in the Independent Contractors Act 2006 (Cth) has allowed two independent contractors to seek review of their contractual arrangements in the Federal Magistrates Court.

Family law

Chisholm, Richard, “The meaning of ‘meaningful’: exploring a key term in the Family Law Act amendments of 2006” in Australian Journal of Family Law, vol 22 no 3, November 2008, pp175-196. (ID No 5755)

Amendments introduced in 2006 to the Family Law Act 1975 (Cth) are explored to provide clarity and context for practitioners.

Family law; Shared parenting; Relocation

Parkinson, Patrick, “Freedom of movement in an era of shared parenting: the differences in judicial approaches to relocation” in Federal Law Review, vol 36 no 2, pp145-171. (ID No 5758)

This article examines the substantial differences in policy and approach between trial judges on the issue of parental relocation, particularly since the 2006 amendments to the Family Law Act 1975 (Cth) which encourage a greater level of shared parenting.

Legal professional privilege; Corporate lawyers

Hodge, Claire, “Practical tips for inhouse counsel in creating (and retaining) legal professional privilege – Parts 1 & 2” in Keeping Good Companies, vol 60 no 9, October 2008, pp523-527 and vol 60 no 11, December 2008, pp 655-658. (ID No 5654)

This two-part article provides practical tips for inhouse counsel when creating and retaining legal professional privilege, based on the principles underlying the current law.

Mediation; Barristers

Sparke, Carolyn, “Changes to the mediation accreditation standards: what all mediators need to know” in Victorian Bar News, no 145, Spring 2008, pp31-35. (ID No 5753)

A national scheme, which has been adopted by the Victorian Bar, has introduced changes to mediation standards from 1 February 2008. In order to be recognised, accredited barristers are encouraged to transfer to the national scheme.

Online auctions; Trade mark infringement; Third parties

Krmek, Anita, “eBay faces legal challenges on liability for trade mark infringement” in Internet Law Bulletin, vol 11 no 7, November 2008, pp112-114. (ID No 5756)

This article looks at recent judgments in different jurisdictions regarding the question of whether eBay is liable for third party trademark infringement occurring on its online auction site.

Product liability; Product recall

Bylhouwer, Lucy, “Chinese milk contamination strikes home” in Australian Product Liability Reporter, vol 19 no 6, October 2008, pp82-83. (ID No 5724)

The author uses the example of the recent Chinese milk contamination scandal to highlight the international reach of Chinese manufactured products and the severe consequences when internationally distributed products cause harm.

Professional liability; Risk management; Law firms

Behm, Michael, “Uncertain times: why firms should refocus on risk management” in Proctor, vol 28 no 10, September 2008, pp25-27. (ID No 5726)

The current financial crisis and economic downturn should prompt all law firms to review how they manage the risk of professional liability claims.

Real estate agents; Lawyers

Dal Pont, Gino, “Fulfilling duties to the client as a lawyer-estate agent” in Law Society Journal (NSW), vol 46 no 10, November 2008, pp42-43. (ID No 5746)

If you conduct more than one business in addition to legal practice, you might want to consider the ethical implications, particularly if you are a lawyer and a real estate agent.

Retail tenancies; Misrepresentation

Herro, Anthony, “Time ticks away for tenants misled by landlords” in Law Society Journal (NSW), vol 46 no 11, December 2008, pp68-71. (ID No 5774)

This article considers the landmark decision in Armstrong Jones Management Pty Ltd v Saies-Bond and Associates Pty Ltd (RLD) [2007] NSW ADTAP 47, which significantly altered the retail lease litigation landscape by virtually introducing a six-month limitation period on claims for compensation due to pre-lease misrepresentation.

Superannuation funds; Ethical investment

Verdnik, Adrian, “Green and gold – superannuation funds and socially responsible investment” in Keeping Good Companies, vol 60 no 10, November 2008, pp620-622. (ID No 5738)

The author discusses the implications for fund trustees who are increasingly required to balance legal and ethical considerations of investments and take into account risk profiles of investments in key “non-ethical” sectors.

Vicarious liability; Employers’ liability; Sexual harassment

Hely, Brook, “Open all hours: the reach of vicarious liability in off duty sexual harassment complaints” in Federal Law Review, vol 36 no 2, pp173-207. (ID No 5759)

This article reviews the key decisions that have considered the issue of vicarious liability of employers for sexual harassment by employees away from the workplace or outside normal work hours.

Workplace relations

Pittard, Marilyn, “The Fair Work Bill: the blueprint for the national workplace relations system” in Employment Law Bulletin, November 2008, pp70-75. (ID No 5767)

This article addresses the changes which have taken place to date after WorkChoices and the proposed changes in the Fair Work Bill to be made by January 2010 to the federal system of workplace relations law.

Build your knowledge

How? By taking advantage of the broad range of legal titles available from the LIV library. Stocked with an excellent range of “good books” (and articles), the LIV library offers practitioners the convenience of borrowing titles unique to your practice.

A “good book” offers portability, multijurisdictional coverage, consolidation, browsability, analysis and commentary. A “good book” summarises the content and helps you sift through the issues and come to a conclusion.

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Library contact details

Ph 9607 9360/1 Fax 9607 9359
Email library@liv.asn.au
Website http://www.liv.asn.au/library

Use the website to request research assistance, request/reserve books, order articles and access other legal resources.

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