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inreference (articles)

Every Issue

Cite as: (2005) 79(9) LIJ, p. 74

New books and articles of interest from the Law Institute of Victoria library.

Library helpdesk

Contact details
Library staff Alice, Catherine, Josie, Johanna 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
Email library@liv.asn.au

Opening hours
A reference librarian is available on Monday to Thursday evenings until 6pm to assist with your inquiries.
Monday to Thursday 8.30am – 6pm
Friday 8.30am – 5pm

Library on the Internet
Search the library’s catalogue and the index to the LIJ via the LIV website at http://www.liv.asn.au/library.Or request research assistance or loans, find out about training, and gain access to other legal resources via the links provided.

New service
Members now have access to two Informit Online databases through the LIV website – AGIS and APAIS. The indexes provide citations and abstracts for Australian legal and public affairs journal articles. Previously, AGIS and APAIS were only available in the library. Visit http://www.liv.asn.au/library for more details.

New books & seminar papers

The following publications are available at the library. Unless otherwise indicated, they are available for loan to LIV members. The borrowing period is one week. You are welcome to reserve an item that is currently on loan.

Confidential communications
McNicol, Sue and Lulham, Ian, Confidentiality and Privilege. Seminar paper, 18 May 2005, Law Institute of Victoria, 2005. (Location F KN 386.5 M 2)

Conflict of laws
Bigos, Oren, Conflicts of Laws for Commercial Lawyers. Seminar paper, March 2005, Leo Cussen Institute, 2005. (Location F KC 2000 B 1)

Costs
Heaton, Michael and Creelman, Michael, Wasted Costs Orders and Liability of Non-Parties for Costs. Seminar paper, 9 May 2005, Law Institute of Victoria, 2005. (Location F KN 397 H 2)

Court practice and procedure
Sutherland, Bernard and Herbert, Geoffrey, Civil Procedures: Update 1. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 350 S 1)

Campbell, Neil, Civil Procedures: Update 2. Seminar paper, March 2005, Leo Cussen Institute, 2005. (Location F KN 350 C 1)

Defamation
Wheelahan, Michael and Leggatt, David, Defamation. Seminar paper, March 2005, Leo Cussen Institute, 2005. (Location F KN 38.2 W 2)

Directors’ duties
Willcocks, Peter et al, Directors’ Duties Update. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 264 W 2)

Family law
Bartfeld, Martin et al, State of the Law: Family law. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 170 B 4)

Fildes, Paul et al, Family Law: New powers, new legislation. Seminar papers, February 2005, Legalwise Seminars Pty Ltd, 2005. (Location F KN 170 F 4)

Financial statements
Smith, Michael, Understanding Financial Statements and Reports. Seminar paper, 11 May 2005, Law Institute of Victoria, 2005. (Location F KN 307.2 S 1)

Franchises
Kirton, Paul and Martin, David, Real Life Issues in Franchising. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 262.22 K 2)

Intellectual property
De Boos, Rodney et al, Intellectual Property: Licensing update. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 111 D 1)

Catania, Philip et al, IP: A legal perspective. Seminar paper, March 2005, Legalwise Seminars Pty Ltd, 2005. (Location F KN 111 C 1)

Law firms
Harvey, Keith and Lane, Ron, Incorporation of Legal Practices. Seminar paper, 16 June 2005, Law Institute of Victoria, 2005. (Location F KN 262 H 1)

Mental health
Involuntary Detention and Therapeutic Jurisprudence: International perspectives on civil commitment, Ashgate Publishing Limited, 2003. (Location KN 155.3 I 1)

Property
Nielsen, Anne et al, State of the Law: Property law. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 50 N 1)

Nolan, Phillip et al, Hot Topics in Property Law. Seminar paper, 10 March 2005, Legalwise Seminars Pty Ltd, 2005. (Location F KN 50 N 2)

Testator’s family maintenance
McNab, Stewart et al, Family Provision Applications and Other Disputes. Seminar paper, February 2005, Legalwise Seminars Pty Ltd, 2005. (Location F KN 125.6 M 1)

Traffic accidents
Burt, Peter and Lombard, Michael, State of the Law: Transport accident compensation update. Seminar paper, February 2005, Leo Cussen Institute, 2005. (Location F KN 323.9 B 1)

Articles

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: $11 per document. Alternatively, use onsite self-service copying at 25 cents per page. For your convenience a copyright declaration/article request form is available on the LIV website at http://www.liv.asn.au/research. Please complete and submit this form via email or fax.

Chinese walls; Evidence
“Making Chinese walls work” in The Baxt Report, vol 2 no 6a, May 2005, pp5-7. (ID No 4323)

In Australian Securities and Investments Commission v Rich [2005] NSWSC 149, expert evidence was rejected because there were grounds for a reasonable apprehension of reliance or influence. The author discusses the case and the decision to exclude the expert’s report under s135 of the Evidence Act (NSW).

Citizenship
Tilmouth, Sydney, “Citizenship as a constitutional concept: Singh v Commonwealth of Australia and Rasul v Bush, President of the United States” in Australian Bar Review, vol 26 no 2, 2005, pp193-204. (ID No 4331)

The concepts of “citizenship” and “aliens” are explored in this article. The author looks at a High Court judgment that considered whether an infant born to non-citizen parents was an alien under s51(xix) of the Constitution.

Dispute resolution
Nosworthy, Ian, “Improving arbitration and mediation: creative approaches in the 21st century” in Building and Construction Law Journal, vol 21 no 3, 2005, pp166-183. (ID No 4324)

This article explores some common reasons for disputes in a contract setting and the options for resolving these disputes.

Family law; Superannuation
Bourke, Stephen, “Super splitting two years on” in Australian Family Lawyer, vol 18 no 2, Autumn 2005, pp22-35. (ID No 4337)

The courts have two distinct approaches to super splitting – superannuation is treated as part of the whole property pool or treated separately from the main property pool.

Franchises; Trade practices
Rankin, Andrew and Hedge, John, “Franchisors beware: exclusion clauses do not offer complete protection from liability under the Trade Practices Act” in Australian and New Zealand Trade Practices Law Bulletin, vol 21 no 2, May 2005, pp17-21. (ID No 4336)

According to a recent decision of the Federal Court, exclusion clauses in franchise agreements do not necessarily protect franchisors from liability for contravening s52 of the Trade Practices Act 1974. The author reviews the decision and its practical implications.

Imprisonment; Civil rights
Gray, Anthony, “Preventive detention laws: High Court validates Queensland’s Dangerous Prisoners Act 2003” in Alternative Law Journal, pp75-79. (ID No 4326)

In Fardon v Attorney-General (Qld) (2004) 210 ALR 50, the High Court considered whether Queensland’s Dangerous Prisoners (Sexual Offenders) Act 2003 is constitutionally valid. This legislation deals with the issue of preventive detention and allows a person to be detained based on an assessment of whether they will re-offend.

Legal profession
Kirby, Justice Michael, “Independence of the legal profession: global and regional challenges” in Australian Bar Review, vol 26 no 2, 2005, pp133-144. (ID No 4330)

The author discusses the importance of independence in the legal profession and looks at some international cases that have challenged these principles. The impact of counterterrorism laws on the independence of lawyers and the judiciary is also examined.

Mental health; Sentences
Hayes, Susan, “Sentencing of people with mental disorders” in Reform, issue 86, Winter 2005, pp24-27. (ID No 4338)

Sentencing options for offenders with a mental disorder are discussed. The author looks at current trends, controversies and how best to achieve rehabilitation.

Torts; Medical liability
Skene, Loane and Luntz, Harold, “Effects of tort law reform on medical liability” in Australian Law Journal, vol 79 no 6, 2005, pp345-363. (ID No 4333)

This review of recent tort law reform looks at all Australian jurisdictions, but has an emphasis on the Victorian Wrongs Act 1958. The authors look closely at the impact of these legislative changes on the liability of health professionals.

Alice Dowdle
Reference Librarian

library@liv.asn.au

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