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inReference

Every Issue

Cite as: March 2015 89 (3) LIJ, p.72

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.

Administrative tribunals

Forbes, J. R. S., Justice in Tribunals (4th edn), Federation Press, 2014 (Location: KM 303 F 1 4)

Banking

Tyree, Alan L., Banking Law in Australia (8th edn), LexisNexis Butterworths, 2014 (Location: KN 303 T 1 8)

Consumer credit

Beatty, Andrea and Smith, Andrew, Annotated National Credit Code (5th edn), LexisNexis Butterworths, 2014 (Location: KN 305.4 B 1 5)

Consumer law

Bruce, Alex, Consumer Protection Law in Australia (2nd edn), LexisNexis Butterworths, 2014 (Location: KN 284 B 1 2)

Criminal law

Crofts, Penny, Criminal Law Elements (5th edn), LexisNexis Butterworths, 2014 (Location: KM 500 C 3)

Dispute resolution

Gerber, Paula and Ong, Brennan, Best Practice in Construction Disputes: Avoidance, Management and Resolution, LexisNexis Butterworths, 2013 (Location: KN 84 G 1)

Legal dictionaries

Garner, Bryan (ed), Black’s Law Dictionary (10th edn), MN Thomson Reuters, 2014 (Location: REF K 120 B 4 10)

Legal ethics

Evans, Adrian, The Good Lawyer, Cambridge University Press, 2014 (Location: KL 82 E 3)

Legal research

Cook, Catriona, Creyke, Robin, Geddes, Robert et al, Laying Down the Law (9th edn), LexisNexis Butterworths, 2015 (Location: KL 155 M 1 7)

Property law

Hepburn, Samantha, Australian Property Law: Cases, Materials and Analysis (3rd edn), LexisNexis Butterworths, 2015 (Location: KN 60 H 1 3)

Telecommunications

Halliday, James and Byrne, Mary-Cate, White Noise (2nd edn), LexisNexis Butterworths, 2015 (Location: KN 342 H 1)

ARTICLES

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

Alternative dispute resolution

Sissian, Anthony, “Online dispute resolution: the advantages, disadvantages and the way forward” in Australian Business Law Review, vol 42 no 6, December 2014, pp445-455 (ID 57458)

Outlines advantages and disadvantages of online dispute resolution and what challenges could be faced.

Child sexual abuse

Young, Lisa, Dhillon, Sandeep and Groves, Laura, “Child sexual abuse allegations and s60CC(2A): A new era?” in Australian Journal of Family Law, vol 28 no 3, 2014, pp233-265 (ID 57627)

Argues that the unacceptable risk test deserves reconsideration with the introduction of s60CC(2A) of the Family Law Act 1975 (Cth).

Consumer law

Meagher, Tobin, Granger, Julie and Webster, Jared, “Managing risk for misleading or deceptive conduct under the Australian Consumer Law through carefully drafted contracts” in Inhouse Counsel, vol 18 no 8, October 2014, pp130-132 (ID 57298)

Commentary and case law under s18 of the Australian Consumer Law. Includes drafting of contracts, no reliance clauses and imposing temporal limits.

Costs

Sise, Peter, “Clauses for recovery of legal costs: what protection do they provide?” in Inhouse Counsel, vol 18 no 9, November 2014, pp154-156 (ID 57628)

Looks at clauses for the recovery of legal costs. Includes drafting tips and dispute management tips.

Crowdfunding

“Crowdfunding” in GST News, iss 11, 8 December 2014, pp1-2 (ID 57383)

The Australian Tax Office has recently released guidance of the GST treatment of crowdfunding. Crowdfunding involves using online resources such as social media and the internet to raise funds for specific ventures.

Discretionary trusts

Ingleby, Richard, “Do members of a class of beneficiaries of a discretionary trust have a ‘right’ to documents which can be enforced in the Family Court?” in Family Law Review, vol 4 no 3, 2014, pp183-188 (ID 57626)

Discusses how trust law may impact resolution of a hearing in relation to a contested subpoena in the Family Court.

Electronic conveyancing

Waldon, Jo, “Econveyancing – just around the corner” in Proctor, vol 34 no 11, December 2014, pp24-25 (ID 57629)

An overview of electronic conveyancing in Queensland. Includes an overview of PEXA registration opening dates and transaction dates for all Australian states and territories.

Hackers

Hyde, James and Jackson, Neil, “When hackers strike, who pays the bill?” in Computers & Law: Magazine of SCL, vol 25 iss 3, August/September 2014, pp5-6 (ID 57381)

Looks at the decision in Frontier Systems Ltd (t/a Voiceflex) v Frip Finishing Ltd [2014] EWHC 1907 which considered who is responsible for the cost of hackers’ acts.

Human resources

Ham, Melinda, “Spot the fake” in In the Black, December 2014, pp64-66 (ID 57631)

Provides seven tips on how to beat CV fraud and faked credentials.

Mergers & takeovers

Spicer, Stuart, “Is merger an option for you?” in LawTalk, no 853, 24 October 2014, pp20-22 (ID 57377)

An overview of law firm mergers in New Zealand.

Privacy

Kalinich, Kevin, “Australian privacy law reform 2014: a lawyer’s guide to privacy issues related to data sovereignty and the cloud” in Privacy Law Bulletin, vol 11 no 9, October 2014, pp163-168 (ID 57394)

Discusses cloud computing, data sovereignty and privacy. The article includes a cloud readiness index table.

Professional negligence

Smyth, Christine, “Solicitor wins appeal on will negligence” in Proctor, vol 34 no 9, October 2014, pp22 (ID 57378)

Commentary on the 2014 New South Wales decision of Howe v Fischer in relation to a solicitor’s professional negligence in drafting a will.

Spencer, David, “Whether coercion by a solicitor in mediation is the subject of advocate immunity and mediation media watch – Case note Stillman v Rushbourne” in Australasian Dispute Resolution Journal, vol 25 no 4, April 2014, pp183-186 (ID 57437)

Commentary on the New South Wales case of Stillman v Rushbourne where a solicitor applied for advocate’s immunity in a professional negligence case.

Vanhear, Linda-Jane, “Hello . . . Is anybody there? . . . The law on recording private conversations” in Privacy Law Bulletin, vol 11 no 10, Nov/Dec 2014, pp193-197 (ID 57701)

Tips for lawyers on advising clients about recording devices. Includes a table of state and territory listening devices legislation.

Restraint of trade

McEwan, Graeme, “Employment restraint of trade clauses and protection of confidential information from trade rivals – part 2” in Employment Law Bulletin, vol 20 no 8, October 2014, pp108-114 (ID 57379)

This article comments on interlocutory injunction applications in relation to restraint of trade and confidential information by a former employee. Includes case law.

Succession

Smyth, Christine, “Victoria’s new year resolutions” in Proctor, vol 34 no 11, December 2014, pp38-39 (ID 57630)

An overview of the Powers of Attorney Act 2014 (Vic) and Justice Legislation Amendment (Succession and Surrogacy) Act 2014.

Trade marks

Longden, James Alexander, “Trade mark use and misleading advertising in Google AdWords: a comparative analysis of search engine liability in Australia and Europe” in Australian Intellectual Property Journal, vol 25 no 1, October 2014, pp35-48 (ID 57511)

Analyses cases from Australia and Europe on trade mark use and misleading and deceptive conduct in advertising. In particular, the use of Google Adwords.

Warranties

Drummond, Stanley, “ASIC provides guidance on extended warranties” in Australian Insurance Law Bulletin, vol 29 no 8, October 2014, pp114-119 (ID 57385)

Outlines the recently released Information Sheet 198 Extended Warranties (INFO 198) by ASIC which helps define what an extended warranty is.

R v Milat: A Case Study in Cross-Examination

Dan Howard, R v Milat: A Case Study in Cross-Examination, 2014, LexisNexis, pb $139

The Ivan Milat backpacker murder investigation and trial was a singular event in the forensic history of Australia: offending on a large and disturbing scale, a massive police investigation and the complexity of the trial that sought to – and did – establish Milat’s guilt beyond reasonable doubt. This book is authored by one of the counsel in that trial, Dan Howard, who was junior counsel to senior crown prosecutor, Mark Tedeschi QC.

The approach of the text is to set out the cross-examination of Milat over three consecutive days. The examination in chief and re-examination are not extracted. Interposed in the transcript of that evidence is commentary of what counsel was seeking to achieve and the methods by which he did so. Most of the methods – closing of the gates, linking, ordering cross-examination by precise sequencing of themes, using previous answers, confrontation with exhibits and other evidence adduced during the trial – common to cross examination are set out and the author explains their significance.

One of the strengths of this work is that it provides “inside” access to a criminal trial through use of actual transcript by an actual participant. But, at the same time, it is a weakness of the text. This is because there is little critique of the cross-examination. No cross- examination is ever perfect. Yet because there is so much praise of the cross-examiner by the author, the work lacks balance. This is exemplified by the lack of consideration of other more contemporary texts on cross-examination that place the “craft” in a more complex theoretical framework. Pozner and Dodd’s Cross Examination Science and Techniques is perhaps the most significant. Yet it is not mentioned at all.


RICHARD EDNEY Barrister

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