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inReference (articles)

Every Issue

Cite as: March 2011 85(3) LIJ, p.70

New books and articles of interest from the LIV library.

Short on CPD points?

The LIV library offers a range of training courses and multimedia materials to update your knowledge and skills. Training librarian Sally Manser provides small group sessions such as Legal Research Online: What can I get for free?, a workshop providing tips and tricks on effectively researching the law for those without access to subscription databases. Other classes specific to case law and legislation research are offered, and guidance on the major publishers’ online services can be provided.

For those who prefer a bespoke one-to-one session, our short research refreshers can be tailored to suit your requirements and timeframe.

Legal research training sessions can be viewed and booked at www.liv.asn.au/Education---Events/whatsOn-Calendar, or for more information please contact Sally Manser on ph 9607 9364 or smanser@liv.asn.au.

In addition to providing user education, the library holds a great selection of CDs and DVDs of conference proceedings and educational materials covering all CPD skill areas. Multimedia holdings can be viewed and requested at http://bit.ly/dRVTwF.

NEW BOOKS AND SEMINAR PAPERS

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.

Civil procedure
Arthur, John, Interlocutory Injunctions, Mareva Orders and Other Applications. Seminar paper, 19 October 2010, Law Institute of Victoria. (Location: F KN 232 A 2)

Contents: 1. Proceedings and applications in the court. 2. Purpose and nature of an interlocutory injunction. 3. Procedure – interim injunctions/interlocutory injunctions. 4. The Bond Brewing case. 5. Freezing orders. 6. Search orders. 7. The test for the grant of an interlocutory injunction. 8. Balance of convenience. 9. The usual undertaking as to damages.

Constitutional law
Aroney, Nicholas, The Constitution of a Federal Commonwealth: The making and meaning of the Australian Constitution, Cambridge University Press, 2009. (Location KL 416 A 1)
Keyzer, Patrick, Open Constitutional Courts, The Federation Press, 2010. (Location: KM 31 K 2)
Consumer law
A Guide to the Unfair Contract Terms Law, Australian Competition and Consumer Commission, 2010. (Location: P KN 284 A 1)
Criminal law
Andrewartha, Danielle and Freckelton, Ian, Indictable Offences in Victoria (5th edn), Thomson Reuters (Professional) Australia, 2010. (Location: KM 503.1 F 1 5)
Insolvency
Hinton, Robert, An Introduction to Corporate Insolvency. Seminar paper, 28 September 2010, Law Institute of Victoria. (Location: F KN 312 H 5)

Contents: 1. Introduction. 2. Definition of solvent. 3. Voluntary administrations. 4. Receivership. 5. Liquidation.

Testamentary trusts
Jackson, Jennifer, Wills Drafting and Testamentary Trusts. Seminar paper, 9 November 2010, Law Institute of Victoria. (Location: F KN 125.2 P 3)

Contents: 1. Identify different types and advantages/disadvantages of testamentary trusts. 2. Identify circumstances where the use of testamentary trusts in a will might be appropriate and where it might be inappropriate. 3. Identify funding limitations and opportunities for testamentary trusts. 4. Awareness of key drafting issues in relation to testamentary trusts.

ARTICLES

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

Building contracts
Elliott, Daniel and Rudge, Nick, “Victorian Court of Appeal considers effect of releases in deed of novation, including whether misleading and deceptive” in Australian Construction Law Bulletin, vol 22 nos 4 & 5, November 2010, pp48-50 (ID 41593)

Case comment on the Victorian Court of Appeal’s 2010 decision in MWH Australia Pty Ltd v Wynton Stone Australia Pty Ltd (In Liquidation) in relation to releases in deed of novation and whether claims of misleading and deceptive conduct can be claimed as damages against the construction contractor.

Children’s rights
Appleby, Gabrielle and Then, Shih-Ning, “Tissue transplantation from children: difficulties in navigating state and federal systems” in University of New South Wales Law Journal, vol 33 no 2, 2010, pp305-336 (ID 41446)

Argues that legal protection afforded to minors regarding medical procedures conducted on them is not extensive enough. Considers the issue of tissue transplantation and suggests reforms based on the UK law.

Civil procedure
Arthur, John K and Bailey, David L, “Current developments regarding the Civil Procedure Act 2010 and other matters” in Civil Procedure Victoria, no 147, November 2010, pp2-4 (ID 41609)

An overview of the new Victorian Civil Procedure Act 2010.

Consumer law
Daniels, Jo, “Implications of the new Australian Consumer Law for online ‘auction’ websites” in Internet Law Bulletin, vol 13 no 6, October 2010, p120 (ID 41444)

The new Australian Consumer Law, which commenced in January 2011, includes changes to the law regarding online auction sites. This article details the different categories of online auctions, the new definition of “auction” and whether consumer guarantees apply to secondhand goods.

Copyright
Dickson, Belinda and Coulthart, Scott, “Republishing news headlines on the web: breach of copyright?” in Internet Law Bulletin, vol 13 nos 7-8, November/December 2010, pp130-131 (ID 41637)

A recent Federal Court decision has produced what the authors believe to be the first definitive case on copyright infringement in linking to online headlines. This article discusses the ramifications of the judgment.

Discrimination
Allen, Dominique, “Victoria paves the way to eliminating discrimination” in Australian Journal of Labour Law, vol 23 no 4, November 2010, pp318-326 (ID 41448)

Considers the recent amendments to the Equal Opportunity Act 1995 (Vic) regarding the definition of discrimination. Discusses changes to the dispute resolution process and the functions of the Victorian Equal Opportunity and Human Rights Commission.

Employment
Nelson, Gerard, “Pornography in the workplace” in Agent, vol 43 no 6, December 2010/January 2011, pp18-19 (ID 41512)

Advice on what action to take against an employee who accesses pornography during working hours and/or distributes pornography to work colleagues.

Evidence
Willis, John, “Director of Public Prosecutions v Nicholls [2010] VSC 397: can or should the prosecution be able to tender the statement of a witness who has been exempted from giving evidence under s18 of the Evidence Act 2008?” in Criminal Law News Victoria, vol 10 no 6, December 2010, pp70-73 (ID 41563)

Reports on a recent decision in which the complainant was excused from providing evidence. The subsequent appeal considered the meaning of “unavailable to give evidence”.

Executor’s commission
Rosslyn Nolch Solicitors, “Executor’s commission and the professional executor” in The Legal Executive, vol 2010 no 6, November 2010, pp10-11 (ID 41623)

Highlights key points to consider where an executor’s commission has been sought by a professional such as a legal practitioner.

Family law
Allan, Sonia, “Recognition of same-sex parenting in Australia” in Alternative Law Journal, vol 35 no 4, December 2010, pp227-231 (ID 41680)

Compares and contrasts the law in South Australia with other states that provide recognition of same-sex parenting. Calls for the law in South Australia to be reformed to bring it into line with more progressive legislative measures in other jurisdictions.

Leases
Choy, Gary, “Victorian revenue rulings concerning duty on leases” in Australian Property Law Bulletin, vol 25 no 3, December 2010, pp188-189 (ID 41647)

An overview of two new revenue rulings relating to duty on Victorian lease arrangements under the Duties Act 2000 (Vic), DA.052 Lease provisions – general application (general ruling) and DA.050 Lease provisions – meaning of rent reserved (rent reserved ruling).

Medical negligence
Davis, Wendy, “The immune response: the Supreme Court may tell families with autistic children whether they can sue vaccine makers” in ABA Journal, vol 96, October 2010, pp48-54 (ID 41594)

Commentary on US litigation in relation to the families of autistic children on the likelihood of successful litigation against vaccine makers. Discussion on the US Vaccine Court is included.

Occupier’s liability
Jones, Stephen E, “The finger of blame: occupier and owner’s duties to entrants of property” in Australian Property Law Bulletin, vol 25 no 3, December 2010, pp182-185 (ID 41627)

Discussion on occupier’s liability in commercial premises, including commentary on cases and legislative requirements.

Social networking
Baldwin, Mathew, “Creative Commons and the public sector: in search of Web 2.0” in Internet Law Bulletin, vol 13 no 6, October 2010, p111 (ID 41443)

Explains the Creative Commons, the forms of licences that are available and the legal issues that need to be considered by licensors and users.

Taxation
Bickford, Peter, “The Hogan dilemma: how can you go with a DPO?” in Taxation in Australia, vol 45 no 5, November 2010, pp276-284 (ID 41509)

Discusses the relevant statutory provisions regarding departure prohibition orders (DPOs) and the principles which have emerged from case law. These orders have been brought to public attention recently with the case involving celebrity Paul Hogan, although that case is not discussed in detail by the author.

Trade practices
Michael, Brent, “Must an accessory be a know-it-all?” in Trade Practices Law Journal, vol 18 no 4, December 2010, pp234-243 (ID 41436)

How much knowledge must an accessory have before they are liable for misleading or deceptive conduct under the Trade Practices Act or the new Competition and Consumer Act 2010? This article discusses the issues and gives two positions.

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Library contact details

Ph 9607 9360/1 Fax 9607 9359

Email library@liv.asn.au

Website www.liv.asn.au/library

Use the website to request, reserve and renew books, order copies of articles, request research assistance and access legal resources.

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