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Inreference (articles)

Every Issue

Cite as: (2008) 82(10) LIJ, p. 66

New books and articles of interest from the LIV library.

Regional training

In July, 28 legal practitioners and staff from Dawes Vary convened in Kyabram for a two hour CPD session of legal research training conducted by the LIV’s Training & Liaison Librarian, Catherine Temple. With a variety of online tools available, such as Lexis Au (Casebase etc), practitioners were shown research tips, product features and functions to help make online legal research faster and easier. Feedback from the large training group has been very positive, with staff acknowledging that they now “know how to use [and] will make better use of the resources at [their] disposal”.

Why not take advantage of our expert legal research training to build on the legal research skills of your staff? Our Training & Liaison Librarian can deliver customised training solutions either at your firm or at the LIV Library IT Lab.

For more information on the training offered, contact the Training & Liaison Librarian, Catherine Temple, on ph 9607 9364 or email ctemple@liv.asn.au.

LIV library news

The LIV library has upgraded its technology to improve services and access to information for all LIV library users.

A new web-based library management system will provide users with enhanced ability to search the library’s collections. LIV members will be able to access their own library records and check details of items on loan, place reservations, renew items and check outstanding items.

The new research request system will allow users who utilise the library’s research service to simply log in via the web and add, search, review and monitor the progress of their research.

Watch this space for more information about the forthcoming launch.

New books & seminar papers

These items may be borrowed by members for one week. Borrowing is free of charge.

AAT

Pearce, Dennis, Administrative Appeals Tribunal. LexisNexis Butterworths, 2007. (Location: KM 303 P 2)

Conflict management

Condliffe, Peter, Conflict Management: A practical guide. LexisNexis Butterworths, 2008. (Location: KN 398.6 C 2 3)

Costs

Closey, Andrew, File Keeping for Costs Sake. Seminar paper, 27 May 2008, Law Institute of Victoria, 2008. (Location: F KN 397 C 4)

De facto law

O’Shannessy, Patrick and Vohra, Minal, Essentials in De Facto Property Law. Seminar paper, 3 June 2008, Law Institute of Victoria, 2008. (Location: F KN 174 O 2)

Employment contracts

Farr, Andrew, Drafting Employment Contracts under Work Choices: What’s old is new again. Seminar paper, 22 July 2008, Law Institute of Victoria, 2008. (Location: F KN 192.1 F 2)

Evidence

Cronin, Paul, Presenting Evidence in the Family Court. Seminar paper, 17 July 2008, Law Institute of Victoria, 2008. (Location: F KN 391.5 C 1)

Litigation

National Security Information (Criminal and Civil Proceedings) Act 2004: Practitioner’s guide. Australian Attorney-General’s Department, 2008. (Location: KM 233 N 1)

Not for profit organisations

Wright, Robert et al, Not for Profit Forum. Seminar paper, 23 April 2008, Law Institute of Victoria, 2008. (Location: F KN 169.4 W 1)

Unjust enrichment

Barker, Kit and Grantham, Ross, Unjust Enrichment. LexisNexis Butterworths, 2008. (Location: KN 20.2 B 1)

Workplace relations

Workplace Relations Legislation 2008. LexisNexis Butterworths, 2008. (Location: KN 190 W 6)

Articles

Articles may be requested online and will be emailed, faxed or mailed to members within 24 hours, at a charge of $20 per article.

Articles may be requested online and will be emailed, faxed or mailed to members within 24 hours, at a charge of $20 per article.

Bailment; Chattels

Palmer, Norman, “Title to sue in bailment: repudiation and the contractual basis of liability for wrongs to chattels” in Journal of Contract Law, vol 24 no 2, July 2008, pp132-144. (ID No 5449)

This article discusses the recent case of The Anderson Group Pty Ltd v Tynan Motors Ltd (2006) 65 NSWLR 400, which addressed the question of the power of an original bailee who transfers possession to another to sue the transferee for breach of bailment.

Bonds; Nursing homes

Hardwick, Ben, “Accommodation bonds: are they protected?” in Precedent, issue 86, May/June 2008, pp31-35. (ID No 5422)

This article clarifies issues relating to the security of accommodation bonds payable to nursing home providers, and what happens when things go wrong.

Client legal privilege; In-house lawyers

O’Brien, Leighton, Harris, Richard and Shipway, Lucas, “Rules of legal professional privilege tightened: Rich v Harrington” in Inhouse Counsel, vol 11 no 8, June 2008, pp95-96. (ID No 5448)

This article examines the recent decision in Rich v Harrington [2007] FCA 1987, which has potentially significant ramifications for all lawyers. Of particular concern to in-house lawyers are the difficulties in establishing that they have the necessary degree of “independence” for privilege to apply.

Easements

“Use of easement not excessive” in Victorian Conveyancing Law and Practice, issue 252, 23 June 2008, pp1-4. (ID No 5468)

This article considers the case of Boglari v Steiner School and Kindergarten (2008) V ConvR ¶54-748, in which it was held that the use of an easement was not excessive and that the erection of a gate and fence interfered with the use of the easement.

Evidence; Appeals

Freckelton, Ian, “The second bite at the cherry: further evidence on appeal” in Victorian Bar News, no 143, Autumn 2008, pp51-56. (ID No 5497)

This article reviews the principles emerging from recent case law in relation to adducing “fresh evidence” and “new evidence” on appeal, with a particular focus on how it affects Victorian litigation.

Gifts

Skead, Natalie, “Yours, mine or ours?” in Australian Property Law Journal, vol 15 no 3, July 2008, pp276-279. (ID No 5417)

This article examines the case of Ta v Ta [2007] NSWSC 773, in which the NSW Supreme Court considered the ownership of a gift to a married couple by a donor unrelated to either party, and held that the gift was a joint gift to the husband and wife.

Litigation Funding

McDonald, Geoffrey, “Litigation funding: Access to Justice or Abuse of Process?” in National Accountant, vol 24 no 3, June/July 2008, pp50-51. (ID No 5463)

This article discusses litigation funding agreements, which have recently become commonplace by virtue of two exceptions to the rules against maintenance and champerty. The author examines the case of Hall v Poolman [2007] NSWSC 1330.

Medical negligence; Conflict of laws

Svantesson, Dan Jerker B, “From the airport to the surgery to the courtroom: private international law and medical tourism” in Commonwealth Law Bulletin, vol 34 no 2, July 2008, pp265-276. (ID No 5440)

This article explores the possible causes of action for a medical procedure rendered overseas.

Powers of attorney; Elder law

Bradley, Keith, “Powers of attorney” in Precedent, issue 86, May/June 2008, pp16-20. (ID No 5474)

This article addresses practical considerations for lawyers preparing powers of attorney – an issue of particular concern for older Australians.

Retail tenancies

Hartford Davis, Sebastian, “The future direction of retail leasing legislation” in Australian Property Law Bulletin, vol 22 no 10, June 2008, pp94-98. (ID No 5414)

This article examines the future direction of regulation of the Australian retail tenancy market.

Reverse mortgages

Pascoe, Janine, “Reverse mortgages: the ‘guarantee problem’ revisited” in Australian Property Law Journal, vol 15 no 3 2008, pp199-223. (ID No 5416)

This article outlines some of the regulatory problems and issues concerning reverse mortgages, and evaluates some of the recent developments affecting the reverse mortgage industry.

Sale of business

Young, John and Kitching, John, “Buying and selling a business: warranties and indemnities” in International Company and Commercial Law Review, vol 6 no 10 2008, pp336-339. (ID No 5490)

This article discusses the necessity for and distinction between warranties, indemnities and representations in the context of buying and selling businesses.

Tax planning; Estates

Simpson, Andrew, “Estate planning: it’s more than just a will!” in Precedent, issue 86, May/June 2008, pp10-14. (ID No 5475)

This article considers the increase in demand for legal services relevant to the needs of an older population.

Trust deeds; Superannuation

Dal Pont, GE, “The amendment of trust deeds: a super(annuation) gloss?” in Australian Bar Review, vol 31 no 1, July 2008, pp1-35. (ID No 5513)

This article addresses the various restrictions that apply to the exercise of a power to amend a superannuation trust deed.

Unfair dismissal

Catanzariti, Joe, “When is a medical certificate good enough?” in Work Alert, issue 6, July 2008, pp1-3. (ID No 5491)

This article examines recent cases in which the courts have considered situations where doubts have been raised about the authenticity of medical certificates, and the significance of this authenticity in unfair dismissal proceedings.

Workplace agreements

Moore, Bruce, “The end of AWAs: the end of individualisation?” in The Australian Corporate Lawyer, vol 18 no 2, June 2008, pp22-25. (ID No 5444)

This article provides an overview of the 2008 changes to Australian Workplace Agreements (AWAs) and Individual Transitional Employment Agreements (ITEAs).

LIV Librarians

Library hours

Monday to Thursday: 8.30am – 6pm

Friday: 8.30am – 5pm

Contact details

Ph 9607 9360/1

Fax 9607 9359

Email library@liv.asn.au

Website http://www.liv.asn.au/library
(Use the website to borrow books, order copies of articles, request research assistance and access other legal resources.)

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