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inReference (articles)

Every Issue

Cite as: May 2011 85(5) LIJ, p.70

New books and articles of interest from the LIV library.

Looking for historical Victorian legislation?

Well, the good news is it’s a mouse click away. Both the Victorian legislation website www.legislation.vic.gov.au and AustLII – www.austlii.edu.au – house Victorian Acts as made from 1851 onwards. Each document is in PDF and is word searchable.

New book, seminar papers and reports

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.

Communication
D’Arcy, Simon, Dealing With Difficult People: Leading edge communication skills for lawyers. Seminar paper, March 2011, Frank Sanitate Associates, [2011] (Location: F KL 82.2 D 1)

Contents: 1. Defining difficult. 2. What makes people so difficult? 3. Aikido communication. 4. Communication strategies.

Consumer credit law
Batten, Richard and Pearson, Gail, Understanding Australian Consumer Credit Law: A practical guide to the national consumer credit reforms. CCH Australia, 2010 (Location: KN 305.4 P 1)
Costs
Vine Hall, Deborah, Kerr, Doug, Nicholas, Ross et al, National Costs Conference 2011. Seminar papers, 11 February 2011, LIV Continuing Professional Development, 2011 (Location: F KN 397 E 1)

Contents: 1. Short form schedules of costs. 2. Civil Reform Act 2010: first and second phases. 3. Accredited specialisation – cost law. 4. What do you claim in a bill and why do you put it there? 5. Case update and recent issues.

Criminal law
Ross, David, Ross on Crime (5th edn), Thomson LawBook Co. Information Services, 2011 (Location: KM 540 R 2 5)
Financial services
Pearson, Gail, Labour Law: Financial services law and compliance in Australia, Cambridge University Press, 2009. (Location: KN 308 P 1)
Industrial law
Creighton, Breen and Stewart, Andrew, Labour Law (5th edn), The Federation Press, 2010. (Location: KN 190 C 2 5)
Superannuation
Sanderson, Jemma, SMSF Guide: Current issues and strategies for the self managed super fund adviser (2nd edn), Taxation Institute of Australia, 2010 (Location: KN 193.4 S 1)
Town planning
Eccles, Des and Bryant, Tannetje, Statutory Planning in Victoria (4th edn), The Federation Press, 2011 (Location: KN 96 E 1 4)

Articles

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

Bullying
Kift, Sally, Campbell, Marilyn and Butler, Des, “Cyberbullying in social networking sites and blogs: legal issues for young people and schools” in Journal of Law, Information and Science, vol 20 no 2, 2010, pp60-97 (ID 42336)

Looks at the issue of cyberbullying in relation to the legal implications of using technology to engage in harassment. Makes recommendations for education and policy implementation to protect adolescents from this growing phenomenon.

Consumer law
Kellam, Jocelyn, “Directors’ indemnities and the Australian Consumer Law: are you covered?” in Australian Product Liability Reporter, vol 21 no 7, January 2011, pp74-76 (ID 42256)

Provides commentary on director and officer (D & O) insurance with the introduction of the new Australian Consumer Law (ACL) legislation.

Steinwall, Ray, “Development of Australian Consumer Law” in Australian Product Liability Reporter, vol 21 no 7, January 2011, pp85-87 (ID 42262)

An extract from the introduction of Ray Steinwall’s book Guide to the New Australian Consumer Law. The article gives useful summaries on consumer guarantees, product safety, sales practices, industry codes and remedies.

Miller, Judith and Worsman, Mark, “Manufacturers’ warranties, extended warranties and service plans: what you need to know” in Australian Product Liability Reporter, vol 21 no 7, January 2011, pp83-84 (ID 42261)

Discusses the change to manufacturers’ warranties from 1 January 2011 with the introduction of the new ACL and provides suggestions to manufacturers to ensure they comply with the new law.

Criminal law
Bagaric, Mirko, “The High Court on crime in 2010: analysis and jurisprudence” in Criminal Law Journal, vol 35 no 1, February 2011, pp5-20 (ID 42103)

Discusses all cases on criminal matters heard in the High Court of Australia in 2010 and examines the principles in these cases. Also discusses jurisprudence, sentencing and conspiracy under the Criminal Code and inconsistencies between commonwealth and state laws.

Directors’ duties
Baxt, Bob, “The James Hardie appeal decision: are directors in safer waters?” in Company and Securities Law Journal, vol 29 no 1, February 2011, pp62-65 (ID 42306)

Commentary on two ASIC cases from 2010, the James Hardie case and the Morley case, in relation to duty of care of non-executive directors and obligations of the regulator in prosecuting civil penalty cases.

Directors’ liability
Dy, Joel and Dowling, Timothy, “Director liability in corporate infringement of intellectual property” in Keeping Good Companies, vol 63 no 2, March 2011, pp105-107 (ID 42377)

Looks at the issue of whether or not directors bear personal liability for breaching intellectual property. The Federal Court case of Keller v LED Technologies Pty Ltd [2010] FCAFC 55 is examined in detail. The authors maintain that care should be applied as the matter is still to be considered by the High Court.

Employment law
Dwyer, Nikki and Ruskin, Nick, “Managing long-term absenteeism: the rights and obligations of employers” in Inhouse Counsel, vol 14 no 4, January/February 2011, pp45-46 (ID 42248)

Discussion about employers’ rights and obligations relating to employees who are absent from work for long periods.

Environment
Chaffey, Claire and Everett, Briana, “Legally green” in Lawyers Weekly, issue 519, 4 February 2011, pp18-21 (ID 42318)

How can a law firm improve sustainability in the office and reduce its environmental footprint? This article gives tips on how to turn the firm green and looks at what some law firms are doing to be “legally green”.

Family law
Behrens, Juliet and Smyth, Bruce, “Australian family law court decisions about relocation: parents’ experiences and some implications for policy” in Federal Law Review, vol 38 no 1, 2010, pp1-20 (ID 42235)

Analyses decisions involving post-separation relocation of a parent and looks at the results of the Australian Research Council Discovery research project “Experiences of Parents and Children after Family Court Decisions on Relocation”.

Sale of land
Anderson, Richard, “Sale of Land Act reforms in Victoria – “off-the-plan” sales” in Australian Property Law Bulletin, vol 25 no 5, February 2011, pp218-220 (ID 42375)

Looks at the amendments to be made by the Consumer Affairs Legislation Amendment (Reform) Act 2010 in relation to “off-the-plan contracts”. The Act proposes to insert a new s9AA(1A) into the Sale of Land Act 1962.

Signatures
Latimer, Paul, “Signatures, squiggles and electronic signatures” in Law Society Journal, vol 49 no 2, March 2011, pp62-65 (ID 42374)

Examines the law of signatures, discussing the purpose of both traditional manual signatures and electronic signatures.

Trade practices
Beaton-Wells, Caron and Fisse, Brent, “Broadening the definition of collusion?: a call for caution” in Federal Law Review, vol 38 no 2, 2010, pp71-95 (ID 42236)

Commentary on the definition of collusion as well as contract, arrangement and understanding. Includes discussion on models in the US and European Community jurisdictions.

Trusts
Davidson, Andrew, “Disclosure obligations to the ASX and to your D & O insurer” in Keeping Good Companies, vol 63 no 1, February 2011, pp43-47 (ID 42063)

An overview of continuous disclosure obligations under the federal Corporations Act. Includes commentary on definitions of ware, reasonable person, knowingly concerned in, as well as directors and officers (D & O) insurance and disclosure under s21 of the Insurance Contracts Act 1974.

Slegers, Peter and Chrisohoou, Michael, “Effective trust distribution strategies” in Taxation in Australia, vol 45 no 7, February 2011, pp409-414 (ID 42307)

Looks at some typical trust distribution strategies employed by private groups and comments on the Bamford case and other decisions relating to trust distributions.

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