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Every Issue

Cite as: November 2011 85(11) LIJ, p.72

New books and articles of interest from the LIV library.

Library access

LIV members can use their member cards to gain convenient access to the Library. Simply swipe your member card at the entrance to the Library.

Succession planning for your practice

The LIV Library has seen an increase in requests for information regarding succession planning for legal practices. What direction is your law practice taking to ensure its longevity through careful management and depth of staff talent? A bibliographic list of resources available from the LIV Library is listed below.


American Bar Association, GP Solo. www.american

Online journal from the General Practice, Solo and Small firm division of the American Bar Association which contains full text articles.

Bourke, Anthony and Coupland, Sam, “So tell me what’s your plan? Succession issues for small practices” in LIJ, vol 83 no 8, August 2009, pp44-47

With an ageing legal profession, succession planning issues are becoming more critical, particularly in smaller suburban and regional practices.

Featherstone, Tony, “Fight for a place on the ladder” in BRW, vol 32 no 47, December 2010/January 2011, pp18-20

Speculates on the transition that members of generations X and Y will make with the retirement of baby boomers, and how the younger generations will cope with taking on higher positions. Lists tips for getting the best out of every generation.

Gibbs, Kate, “Successful succession” in Lawyers Weekly, issue 408, 10 October 2008, pp26-28

Offers solutions to succession planning problems and discusses how to guarantee the future people viability of professional services and law firms.

Goodwin, Emma, “Transforming transmission: the new transfer of business framework” in LIJ, vol 85 no 7, July 2011, pp61-65

The Fair Work Act 2009 (Cth) has made significant changes to the treatment of employees in transfer of business situations.

Grant, Hanna, “Are you ready? The importance of succession planning” in LawTalk, no 776, 15 July 2011, p776

Succession planning as baby boomers enter retirement age.

Hart, Duncan (ed), Management of the Australian law practice (2nd edn), LexisNexis, 2008 (Location: REF KL 91 C 4 2) Irvine-So, Cecelia, “Succession in business: surmounting barriers to effective planning” in LIJ, vol 84 no 10, October 2010, pp32-36

To properly advise businesses on planning for the possible death or permanent disability of a business partner, practitioners must understand the structure, insurance needs and potential tax liabilities of the business.

Law Institute of Victoria, The successful law firm. Tips and tools for a profitable practice, Law Institute of Victoria, 2006 (Location: KL 96 T 1) Legal Professional Complaints Committee, “Death, disability and the sole practitioner” in Brief, vol 36 no 7, August 2011, pp10-11

When a sole legal practitioner dies or suffers a disability, it causes a great deal of anxiety for staff and clients. Outlines points to consider when drawing up a contingency plan.

Lindhe, Jane, “Plan for the end game” in Business Review Weekly, vol 29 no 33, 23-29 August 2007, pp70-71

Business succession planning and exit strategies are solutions to keeping a successful business running when retirement is approaching.

O’Sullivan, Bernie. Estate and business succession planning (3rd edn), Taxation Institute of Australia, 2010 (Location: KM 337.35 O 1) Pilcher, Donald, “Future proofing: managing succession risk” in Proctor, vol 30 no 2, March 2010, pp33-34

Importance of succession planning as a component of risk management for all legal practitioners.

Shrapnel, Richard, “Passing the baton” in Australasian Law Management Journal, Summer, 2008/09, pp16-17

Importance and value of succession planning for small regional legal practices.

“Surveying the landscape: identifying the rural, regional and remote (RRR) problem” in Balance, no 6, November/December, 2010, pp25-30

Results of the Law Council of Australia’s rural, regional and remote areas lawyers survey.

New books, 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.

Family violence

Australian Law Reform Commission, Family violence: Commonwealth laws. Discussion paper summary, No 76, 2011 (Location: ALRC DP 76 S)

Misleading conduct

Lockhart, Colin. The law of misleading or deceptive conduct (3rd edn), LexisNexis Butterworths, 2011 (Location: KN 266 L 1 3)

Statutory interpretation

Pearce, DC and Geddes, RS, Statutory interpretation in Australia (7th edn), LexisNexis Butterworths, 2011 (Location: KL 35 P 1 7)


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

Annual general meeting

McClintock, Andrew and Duncan, Isabel, “Top ten tips for AGM season, 2011” in Keeping Good Companies, vol 63 no 8, September 2011, pp505-506 (ID 44009)

Ten tips to planning this year’s annual general meeting.

Contract law

Alden, Scott, “When is a letter of intent binding?” in Australian Construction Law Bulletin, vol 23 no 5, August 2011, pp70-71 (ID 13918)

Commentary on the decision of Factory 5 and the State of Victoria, which considers whether letters of intent are binding on the parties, or are to be used as a guide and introduction to further negotiation and contracts.

Criminal law

Steel, Alex, “Both giving and taking: should misuse of ATMs and electronic payment systems be theft, fraud or neither?” in Criminal law Journal, vol 35 no 4, August 2011, pp202-222 (ID 43924)

The criminal law relating to ATM misuse remains confused. Unauthorised withdrawals can be prosecuted under criminal law as theft or fraud, but the same error by banking staff is generally not criminal. Analyses case law and legislation and proposes some changes.

Data storage

Moore, Matt, “Successfully managing corporate information environments” in Online Currents, vol 25 no 4, August 2011, pp182-187 (ID 43947)

Looks at the management of electronic documents in the office environment – from emails to shared folders – and what technological causes have created such a proliferation of documents.


Lockie, Damien, “Australia’s clean energy future” in Inhouse Counsel, vol 14 no 9, August 2011, pp106-109 (ID 43992)

Outlines some of the key legislation that the government aims to introduce for Australia’s clean energy future.

Family violence

Chisholm, Richard, “The family law violence amendment of 2011: a progress report, featuring the debate about Family Violence Orders” in Australian Journal of Family Law, vol 25 no 2, August 2011, pp79-95 (ID 43908)

Considers three sections of the new Family Law Amendment (Family Violence) Bill 2010 (Cth) and in particular, s60CC(3)(k) of the Bill, which states that courts need to take into account family violence orders when determining what is in the best interest of the child.


Terry, Andrew and Zhang, Yun, “The power and information imbalance in franchising: the role of prior disclosure under the Franchising Code of Conduct” in Australian Business Law Review, vol 39 no 4, August 2011, pp245-259 (ID 44072)

Discussion on the report Australian Joint Committee on Corporations and Financial Services, Opportunity not Opportunism: Improving conduct in Australian franchising. This article’s main focus is on prior disclosure and opportunistic conduct issues.

Personal property securities

Downie, David, “The Personal Properties Securities Act and online sale of goods” in Internet Law Bulletin, vol 14 no 5, August 2011, pp116-119 (ID 44042)

Outlines key concepts and terms in personal property and what effect the Personal Property Securities Act 2009 (Cth) will have on online businesses protecting their rights and interests.

McGill, Denise, “Transfer of title by a non-owner: the Personal Property Securities Act 2009 (Cth) exceptions to the nemo dat rule” in Australian Business Law Review, vol 39 no 4, August 2011, pp209-266 (ID 44073)

Discussion on the new Personal Property Securities Act 2009 (Cth), the nemo dat quod non habet rule and the transfer of title by non-owner.

Meehan, Lionel, “The importance of perfection: leases, sales by retention of title and consignments as securities interests under the Personal Property Securities Act” in Law Society Journal (NSW), vol 49 no 8, September 2011, pp60-63 (ID 44083)

Discussion on the new Personal Property Securities Act 2009, with reference to perfection rules, nemo dat principle, security interests, turnover trusts and compensation.

Retail lease

Duncan, Bill, “Is the right to occupy a market stall a retail lease?” in Australian Property Law Bulletin, vol 25 no 10, August 2011, pp310-311 (ID 43938)

A growing number of retailers are conducting business from stalls or stands at markets. The article attempts to answer whether the arrangements with market owners constitute a retail store and hence are governed by shop lease legislation.


Kohn, Alex, “Cyberbullying: where does a school’s duty of care end?”, in Australian Insurance Law Bulletin, vol 26 no 9, August 2011, pp135-138 (ID 44040)

Cyberbullying is increasingly becoming an issue for schools and this article highlights that while schools have a duty of care to their students, there are limits to this duty.


Guthrie, Scott and Shaw, Ben, “Corporate trustees: what’s an insolvency practitioner to do?” in Insolvency Law Bulletin, vol 12 no 1, August 2011, pp2-5 (ID 44087)

Commentary on bare trustees powers and duties in relation to liquidation and trust assets, as well as discussion on s556 of the Corporations Act or pari passu.

Peiros, Katerina, “Power to appoint new or additional trustees: the operation of s41(1) of the Trustee Act 1958 (Vic)” in Retirement & Estate Planning, vol 14 no 2, August 2011, pp21-23 (ID 44016)

Commentary and case law on the trustee being unfit to act, incapable of acting or refusing to act, trustee company being dissolved and the court’s power to remove trustees, as well as the after effects of removing a trustee under s41 of the Victorian Trustee Act.

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Library contact details

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