this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

inreference (articles)

Every Issue

Cite as: (2003) 77(10) LIJ, p.88

Library Helpdesk

Contact details

Library staff Catherine, Johanna, Josie, Shannon and Sue can be contacted by phone, email or fax.
We look forward to hearing from you and assisting with your inquiries.
Phone 9607 9360/1
Fax 9607 9359

Opening hours
A reference librarian is available every Monday and Wednesday evening until 7.30pm to assist with your inquiries.
Monday and Wednesday 9am – 7.30pm
Tuesday and Thursday 9am – 6pm
Friday 9am – 5pm

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the Law Institute’s website at Or request research assistance or loans, find out about training, and gain access to other legal resources via the links provided.

New books and seminar papers

The following books and seminar papers are available at the library. Unless marked REF in the location number, they are available for loan to members of the Law Institute. The borrowing period is one week. You are welcome to reserve an item that is currently on loan.

Marks, Keith, Ross, Iain and Macken, Tony, Employment Law and Industrial Relations: Industrial advocacy. Seminar papers, March 2003, Leo Cussen Institute, 2003. (Location F KL 93 M 1)

Baxt, Robert, Fletcher, Keith and Fridman, Saul, Corporations and Associations: Cases and materials (9th edn), LexisNexis Butterworths, 2003. (Location KN 261 A 1 9)

Hampel, George and Gurvich, Daniel, Bail Law in Victoria: A practical guide to the law, procedure and advocacy in bail applications, Federation Press, 2003. (Location KM 580.6 H 1)

Moodie, Annette, Ennis, Michael and Fary, Peter, Bankruptcy Regulations and Going Bankrupt. Seminar papers, May 2003, Leo Cussen Institute, 2003. (Location F KN 310 M)

Certified agreements
Bornstein, Josh and O’Grady, Paul, Employment Law and Industrial Relations: Collective contracts and industrial action. Seminar papers, April 2003, Leo Cussen Institute, 2003. (Location F KN 196.1 B 1)

Contracts of employment
Moore, Bruce, Johns, Leigh and Ruskin, Nick, Employment Law and Industrial Relations: Creating the contract of employment. Seminar papers, March 2003, Leo Cussen Institute, 2003. (Location F KN 192.1 M 8)

Discrimination in employment
Rayner, Moira and Young, Melanie, Employment Law and Industrial Relations: HR issues part two. Seminar papers, April 2003, Leo Cussen Institute, 2003. (Location F KN 191.2 M 1)

Employment law
Australian Workplace Relations Act 1996 with Regulations and Rules (7th edn), CCH Australia, 2003. (Location KN 190 A 6 7)

Equal opportunity
Rayner, Moira and Andrades, Carol, Employment Law and Industrial Relations: HR issues part one. Seminar papers, April 2003, Leo Cussen Institute, 2003. (Location F KN 190 R 2)

Family law
Mawson, I et al, 7th Annual Family Law Intensive. Seminar papers, May 2003, Leo Cussen Institute, 2003. (Location F KN 170 M 4)

Income tax
Australian Master Tax Guide 2003 (mid year edn), CCH Australia, 2003. (Location KM 335 A 5 2003)

Industrial law
Mansfield, Bill and Pittard, Marilyn, Employment Law and Industrial Relations: Industrial relations – an overview. Seminar papers, February 2003, Leo Cussen Institute, 2003. (Location F KN 190 M 3)

Occupational health and safety
Rozen, Peter and O’Grady, Chris, Employment Law and Industrial Relations: Occupational health and safety. Seminar papers, May 2003. Leo Cussen Institute, 2003. (Location F KN 198 R 3)

Power of attorney
Grano, Philip and Hoysted, Brendan, Elder Law Series: Substitute decision making. Seminar papers, May 2003, Leo Cussen Institute, 2003. (Location F KN 25.2 G 1)

Doyle, Rachel and Amendola, Steven, Employment Law and Industrial Relations: Changing business structures. Seminar papers, March 2003, Leo Cussen Institute, 2003. (Location F KN 192.2 D 2)

Restrictive trade practices
Jose, Chris, Legal Update: Dawson report (Trade Practices Act). Seminar paper, 3 July 2003, Law Institute of Victoria, 2003.

Rule of law
Saunders, Cheryl and Le Roy, Katherine (eds), The Rule of Law, Federation Press, 2003. (Location KM 34 R 1)

Williams, Shane and Fildes, Paul, Super Splitting in Family Law Matters. Seminar papers, 26 June 2003, Law Institute of Victoria, 2003. (Location F KN 173 W 1)

Trade marks
Davison, Mark, Johnston, Kate and Kennedy, Patricia, Shanahan’s Australian Law of Trade Marks and Passing Off (3rd edn), Lawbook Co, 2003. (Location KN 114.2 S 3)

Unfair dismissal
Macken, Dominic and Walsh, Catherine, Employment Law and Industrial Relations: Unfair/unlawful dismissal. Seminar papers, March 2003, Leo Cussen Institute, 2003. (Location F KN 192.245 M 3)


Members may obtain copies of the following articles. Call us or visit the library on the lower ground floor, 470 Bourke Street, Melbourne. Please quote the ID number of the article. Cost of having articles copied and sent to members: 55 cents per page with a minimum charge of $7.70. Alternatively, use on-site self-service copying at 25 cents per page. For your convenience a copyright declaration/article request form is available on the LIV website Please complete and submit this form via email or fax.

Banking; Conversion; Liability
Edwards, Robin, “Same bank, different capabilities: knowledge, remoteness and measure of damages” in Bond Law Review, vol 14 no 2, 2002, pp372-390.(ID No 3702)

A case note on National Australia Bank Ltd v Nemur Varity Pty Ltd (2002) 4 VR 252. What damages is a customer entitled to where cheques are paid into the wrong account?

Dispute resolution
Power, Dr Mary, “Conflict resolution in neighbourhood skate parks” in Alternative Dispute Resolution Journal, vol 14 no 3, 2003, pp177-187. (ID No 3703)

Conflict resolution is discussed in the context of skateboarding. An observational ethnographic approach was adopted to research rule development and the prevention/ resolution of conflicts in natural settings.

Employment; Occupational health and safety; Civil rights
Catanzariti, Joe, “Drug and alcohol testing at work: what are the legal issues?” in Law Society Journal (NSW) vol 41 no 7, August 2003, pp42-43. (ID No 3694)

This article addresses a number of the issues an employer should be aware of before implementing drug and alcohol testing and policies.

Family law; Property settlements; Superannuation
Watts, Garry, “Superannuation valuations and property orders: the Full Court gives practical guidance” in Australian Family Lawyer, vol 16 no 4, pp15-17. (ID No 3691)

On 30 May 2003 the Full Court of the Family Court handed down a landmark decision in relation to property and superannuation in Hickey & Hickey & Attorney-General for the Commonwealth of Australia [2003] FamCA 395.

Goods and services tax; Real property
“GST and margin scheme” in CCH Tax Week, pp509-515. (ID No 3692)

The ATO recently released two fact sheets on the margin scheme. The first one deals with supplies of real property acquired on or after 1 July 2000 and the second with property acquired before that date.

Industrial law; Certified agreements; Redundancy
Ruskin, Nick and Marchetti, Gabrielle, “Severance payments and certified agreements – Amcor Ltd v CFMEU” in Inhouse Counsel, vol 6 no 9, August 2003, pp105-106. (ID No 3695)

The redundancy provisions of any applicable certified agreement should be examined before transferring employees to a new employer in the course of restructuring. In Amcor Ltd v CFMEU, the Full Federal Court considered an employee’s right to severance payments in this context.

Industrial relations; Common rule awards
Smith, Graham, “The federal awards uniform systems legislation” in Employment Law Bulletin, vol 9 no 4, June 2003, pp33-38. (ID No 3688)

The Federal Awards (Uniform System) Act 2003 (Vic) received royal assent on 13 May 2003. Due to a commonwealth-state disagreement this Act may never be proclaimed. The author explains the situation.

Medical negligence; Duty of care; Risk assessment; Disclosure of information; Causation
Addison, Thomas, “Negligent failure to inform: developments in the law since Rogers v Whitaker” in Torts Law Journal, vol 11 no 2, July 2003, pp165-195. (ID No 3700)

This article reviews 10 years of the application of the Rogers v Whitaker principle.

Johanna Ratcliff
Reference Librarian


Leave message

 Security code
LIV Social