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Every Issue

Cite as: (2004) 78(10) LIJ, p. 70

Library helpdesk

Contact details
Library staff Alice, Catherine, Johanna, Josie and Shannon 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.

Administrative tribunals
Pizer, Jason, Pizer’s Annotated VCAT Act, JNL Nominees Pty Ltd, 2004. (Location KM 303 P 1 2)

Commercial law
Pearson, Gail, Fisher, Simon and Ali, Paul, Commercial Law: Commentary and materials (2nd edn), Lawbook Co, 2004. (Location KN 250 P 2 2)

Client Service in the Family Court of Australia and the Federal Magistrates Court, Australian National Audit Office, 2004. (Location KL 230 A 1)

Clarke, Peter, Girgenti, Joanne and Molnar, John, Doctors, Patients and the Law. Seminar paper, 20 May 2004, Legalwise Seminars, 2004. (Location F KN 185 C 1)

Managing the Border: Immigration compliance, Belconnen, ACT, 2004. (Location F KM 176 M 2)

Power of attorney
Sparke, Carolyn et al, Update on Powers of Attorney and Succession Planning. Seminar paper, 19 May 2004, Legalwise Seminars Pty Ltd, 2004. (Location F KN 120 S 2)

Watson, Malcolm, Stansfield, Roger and Moon, Anne, Pitfalls in Property Law. Seminar paper, 20 May 2004, Legalwise Seminars Pty Ltd, 2004. (Location F KN 60 W 2)

Public health
Reynolds, Christopher and Howse, Genevieve, Public Health. Law and Regulation, Federation Press, 2004. (Location KN 185 R 1)

Retail tenancies
Brooks, Richard et al, Requirements and Risks of Retail and Commercial Leases. Seminar paper, 20 May 2004, Legalwise Seminars Pty Ltd, 2004. (Location F KN 92.6 B 2)

Trust Structures Guide 2004, Taxation Institute of Australia, 2004. (Location KN 210 T 3)


Members may obtain copies of the following articles. 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. 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.

Bullying; Company directors
Dent, Kathryn and Shaw, Natalie, “Bullying in the workplace: liability of companies and their directors” in Keeping Good Companies, vol 56 no 6, July 2004, pp356-358. (ID No 3897)

A recent NSW case is discussed, where a company and two of its directors were fined for failing to ensure that a workplace was free from bullying. The judgment highlights that not only are anti-bullying policies required in the workplace but that they also must be put into practice.

Detention centres; Torture
Harbord, Graham, “Cruel treatment of asylum seekers” in Law Society of South Australia Bulletin, vol 26 no 6, June 2004, pp33-35. (ID No 3917)

The author discusses a Federal Court case that highlights the lack of regulations governing the proper treatment of asylum seekers held in detention by the Australian government.

Estates; Practice and procedure
de Groot, John, “Estate planning: issues and trends” in Wills and Probate Bulletin, vol 36, 2004, pp1-7. (ID No 3888)

Guidance on estate planning is provided in combination with a discussion of changes to revenue legislation, superannuation, bankruptcy, family provision legislation and succession laws.

Job satisfaction
Schoombee, Anette, Fogliani, Ros and Jessup, Megan, “Flexible work practices: alive and well and here to stay” in Brief, vol 31 no 6, July 2004, pp6-13. (ID No 3920)

The benefits of flexible work practices are reviewed. Real life examples are used to exemplify how flexible practices can be implemented by law firms.

Liability; Duty of care
“Deadly trees” in Australian Property Law Bulletin, vol 19 no 1, June/July 2004, pp8-14. (ID No 3892)

Liability for injuries and property damage that is caused because of falling trees and branches is discussed with reference to case law.

Mediation; Family companies
Feinauer, Dirk, “Mediating in the family business” in ADR Bulletin, vol 7 no 1, April/May 2004, pp12-19. (ID No 3887)

The mock mediation script presented in this article illustrates some of the difficulties commonly experienced during mediation. It also highlights issues related to family businesses and dispute resolution.

Native title
Strelein, Lisa and Bradfield, Stuart, “The single Noongar claim: negotiating native title in the south west” in Indigenous Law Bulletin, vol 6 no 2, May 2004, pp11-13. (ID No 3895)

The authors consider the outcomes from native title for indigenous people. They raise concerns about the costs involved in litigating native title applications and discuss the effect on indigenous communities.

Pensions; Investment
Shirlow, David, “Growth pensions – the shape of things to come” in Australian Super News, issue 6, 5 July 2004, pp1-5. (ID No 3901)

The latest change to retirement planning – the growth pension – is discussed. The authors provide a thorough overview of what growth pensions will look like and who they will suit.

Performance appraisal
Barolsky, Joel and Breekveldt, Norah, “Partner performance management in leading law firms” in Law Practice Management Newsletter, vol 3 no 8, June/July 2004, pp113-115. (ID No 3918)

A variety of tactics for managing partner performance are considered. The authors also discuss principles and guidelines for the development of an effective performance management system.

Property; Fixtures
Abbs, Ross, “The law of fixtures: informed principle or independent predilection” in Australian Property Law Journal, vol 11 no 1, July 2004, pp31-43. (ID No 3919)

In this examination of the law of fixtures, suggestions are made for reform of the current law which, it is argued, is in dire need of replacing.

Retail tenancies
Cameron, Max and Blom, Jennifer, “The case for national retail tenancies laws” in Australian Property Law Bulletin, vol 19 no 1, June/July 2004, pp1-4. (ID No 3904)

Inconsistencies between state and territory retail tenancy laws continue to cost national landlords in tenants. This article outlines some of the inconsistencies, as it argues in favour of national legislation.

Retirement villages; Misleading conduct
“Retirement village residents get damages” in Australian Contract Law Summary, issue 52, 8 July 2004, pp3-5. (ID No 3889)

This article reports on the progress of an interesting case from the Residential Tenancies Tribunal to the High Court. In the case, retirement village tenants were induced to enter into a lease by misleading conduct.

Sport; Equal opportunity
Harpur, Paul, “Integrating athletics” in Alternative Law Journal, vol 29 no 3, June 2004, pp147, 150. (ID No 3898)

This reflection on the treatment of disabled sports people finds that efforts to lessen separation between able-bodied and disabled athletes is helping to reduce disability discrimination in sport.

Trustee companies; Directors’ liability
Sharpe, Anna and Barrett, Clayton, “Directors’ personal liability: trusts carry greater risks” in Keeping Good Companies, vol 56 no 5, June 2004, pp293-295. (ID No 3891)

The case of Hanel v O’Neill (2003) 231 LSJS 266 has important implications for directors of corporate trust structures in terms of liability. This article discusses the case and its interpretation of s197 of the Corporations Act 2001.

Alice Dowdle
Reference Librarian


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