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Inreference (articles)

Every Issue

Cite as: (2008) 82(9) LIJ, p. 72

New books and articles of interest from the LIV library.

New books & seminar papers

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

Child support

Australia. Family Law Council, The Legal Practitioner’s Guide: Precedents for child support agreements and court orders. Australian Government, Child Support Agency, 2008. (Location: KN 176.62 L 2)

Costs

Dal Pont, Gino et al, Costs Law. Seminar papers, 7 March 2008, LIV, 2008. (Location: F KN 397 D 2)

Elder law

Cornelius, Luke et al, Elder Law Conference. Seminar papers, 6 June 2008, LIV, 2008. (Location: F KN 151.6 C 1)

Fraud

Clark, Ron, Fraud Protection for Your Clients and Your Firm. Seminar paper, 12 June 2008, LIV, 2008. (Location: F KM 547 C 1)

Limitation of actions

Clarkson, Margot, Limitation Periods in Negligence Actions. Seminar paper, 24 June 2008, LIV, 2008. (Location: F KN 355 C 1)

Small legal practice

Shrapnel, Richard et al, Small Practice Conference. Seminar papers, 21 June 2008, LIV, 2008. (Location: F KB 105 S 5)

Succession

Davis, David et al, Succession Law. Seminar papers, 18 March 2008, LIV, 2008. (Location: F KN 120 D 2)

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.

Auctions; Real estate agents

Lowenstern, Peter, “Sale of Land Regulations amended” in The Estate Agent, vol 72 no 3, June 2008, pp20-21. (ID: 5412)

This article considers the Sale of Land Amendment Regulations 2008 (Vic) and the Estate Agents (Professional Conduct) Regulations 2008 (Vic), which took effect on 30 June 2008 and effectively prohibit the practice of taking late bids, or gazumping, at all public auctions of real estate.

Banking; Cheques

Tyree, Alan, Sheahan, John and Rowe, Michael, “How not to write a cheque” in Journal of Banking and Finance Law and Practice, vol 18 no 4, December 2007, pp243-247. (ID: 5371)

This article discusses the case of Foods Bis v Riley and National Australia Bank Ltd [2007] QDC 201, which shows the importance of drawing cheques carefully and also raises issues concerning the conversion of bearer cheques to order cheques and the existence of liens on cheques.

Communication technology

Sanders Reach, Catherine, “Tips and tools for better client service: using technology to achieve superlative client communications” in Law Practice, vol 34 no 2, March 2008, pp40-42. (ID: 5385)

This article looks at easy-to-use technology tools and advises that these tools, combined with commonsense business practices, can help lawyers keep in touch and improve client services and communication.

Discretionary trusts; Bankruptcy

Lambourne, Philip, “Asset protection planning and discretionary trusts” in Taxation in Australia, vol 42 no 8, March 2008, pp485-488. (ID: 5370)

This article considers recent legislative changes and judicial developments which have cast doubt on the perceived effectiveness of the use of discretionary trusts in asset protection.

Goods and services tax; Sale of business

Lynch, Adrian and De Cruz, Neil, “Sale of business: the GST ‘going concern’ exemption” in Inhouse Counsel, vol 11 no 5, March 2008, pp55-57. (ID: 5388)

This article explains the criteria that need to be met to qualify for the “going concern” exemption to the goods and services tax (GST) and the tax benefits that accompany the sale of a going concern.

International law

Piotrowicz, Ryszard, “The independence of Kosovo and Australia’s violation of international law” in Australian Law Journal, vol 82 no 4, April 2008, pp236-239. (ID: 5365)

The author contends that Australia committed a serious violation of international law by flouting Security Council Resolution 1244 of 10 June 1999 by virtue of the announcement on 19 February 2008 that it recognised Kosovo as a state.

Internet; Employers’ liability

Abrahams, Nick and Rudolf, Robert, “Risk issues for web 2.0: to block or not to block Facebook” in Communications Law Bulletin, vol 26 no 3, May 2008, pp12-13. (ID: 5392)

This article examines web 2.0 social networking applications such as Facebook and MySpace and the ramifications the use of these applications at work can have on productivity and employers’ exposure to vicarious liability for employees’ actions.

Law firms; Diversity

Taylor, Stephen, “Diversity managers: crafting opportunities to transform law firms” in Law Practice, vol 34 no 4, June 2008, pp35-38, 40-41. (ID: 5401)

This article explores the emerging role of diversity managers within the legal profession, examining the way in which diversity management positions are being created in response to an increasing demand for greater ethnic and gender diversity within law firms.

Legal education

Doyle, Una, “Challenges facing today’s legal education providers” in Journal of the Commonwealth Lawyers’ Association, vol 17 no 1, April 2008, pp20-24. (ID: 5399)

This article explores evolving issues and challenges in continuing professional legal education, which stem from the many changes within the legal profession.

Legal professional privilege

Kyrou, Emilios and French, Rebecca, “Public or private privilege” in The Australian Corporate Lawyer, vol 18 no 1, March 2008, pp12-13. (ID: 5362)

This article examines the Victorian Court of Appeal case of Secretary to the Department of Justice v Osland [2007] VSCA 96 which illustrates the Court’s reluctance to find an implied waiver of legal professional privilege where disclosure of the substance of legal advice is for a “public purpose”.

Litigation; Costs

Ellis, Matthew, “The cost of compromising: offers of compromise and Calderbank offers” in Journal of Judicial Administration, vol 17 no 4, April 2008, pp253-269. (ID: 5380)

This article traces the history of offers of compromise and Calderbank offers in Australia and examines the circumstances where such an offer may be relied on when the issue of costs is being determined.

Occupational health and safety; Pro bono

Andrew, Steve, “Employee volunteering: is this the path to a happier, healthier workplace?” in National Safety Magazine, vol 79 no 4, May 2008, pp42-45. (ID: 5374)

This article looks at what role employee volunteering should play in Australian employee health and OHS programs.

Racial discrimination; Internet regulation

Hunyor, Jonathon, “Cyber-racism: can the RDA prevent it?” in Law Society Journal (NSW), vol 46 no 4, May 2008, pp34-35. (ID: 5378)

This article considers a number of cases in which the Federal Court has held that posting racially offensive material on the internet is subject to the racial hatred provisions of the Racial Discrimination Act 1975 (Cth) (RDA), and that the RDA also applies to those hosting websites which fail to remove offensive material posted by users.

Sale of business

Paton, Ed and Hinoporos, Frank, “Guidelines for allocating the purchase price of a business” in Inhouse Counsel, vol 11 no 4, February 2008, pp44-46. (ID: 5363)

This article provides guidance on how to reasonably allocate the price paid for a business to the assets of the business.

Superannuation funds; Succession; Self-managed funds

Figot, Bruce, “SMSF succession planning: key issues” in Australian Super News, issue 3, 2 April 2008, pp1-5. (ID: 5360)

This article explains the importance of SMSF succession planning, in particular the concepts of being aware of superannuation interests and acting promptly, both of which will add value for advisers’ clients.

Tax disputes; Litigation

Williamson Ftia, Sue, “Tax litigation and dispute developments” in Taxation in Australia, vol 42 no 11, June 2008, pp629-643. (ID: 5398)

This article considers tax disputes, a complex and challenging area of litigation.

LIV Librarians

Hot topics

The library holds up-to-date material on recent important legislative changes, including:

  • the 1 July changes to family assistance and the new Child Support Scheme (including drafting tips);
  • owners corporations; and
  • the 30 June prohibition against gazumping at auctions of real estate.

Links to these resources are available on the library website http://www.liv.asn.au/library.

Australian Encyclopedia of Forms and Precedents online

This encyclopedia is available online, as part of the Lexis suite of databases subscribed to by the library. As an LIV member, you can access this from within the library and email precedents to yourself as Word documents, or library staff can search for a precedent and email it to you – an easy, fast and convenient way to obtain these forms.

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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