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inReference

Every Issue

Cite as: September 2014 88 (09) LIJ, p.70

New books and articles of interest from the LIV library.

Regional Training

With so many legal resources available online, do you need to refresh, or build on, your legal research skills?

Would you like to be shown research tips, product features and functions to make online legal research faster and easier? Then why not take advantage of our legal research training workshops. We can deliver customised training at your firm or in the LIV library. Training has previously been held in Warrnambool, Shepparton, Horsham, Tatura, East Gippsland, Leongatha, Ballarat and Mildura. For more information or to register your interest in regional training, please email Tasia tmitsinikos@liv.asn.au or phone (03) 9607 9364.

New Books and Reports

LIV members may borrow library material for 14 days, with a one week renewal available unless reserved by a member. Items can be collected from the library, posted or sent via DX free of charge. Material including the location REF is unable to be borrowed.

Evidence

Odgers, Stephen, Uniform Evidence Law (11th edn), Thomson Reuters (Professional) Australia, 2014 (Location: KN 390 O 1 11)

Grammar

Meehan, Michael and Tulloch, Graham, Grammar for Lawyers (3rd edn), LexisNexis Butterworths, 2013 (Location: KL 34 M 2 31)

Mediation

Fisher, Linda and Brandon, Mieke, Mediating with Families, Thomson Reuters (Professional) Australia, 2012 (Location: KN 173.6 F 5)

Remedies

Barnett, Katy and Harder, Sirko, Remedies in Australian Private Law,. Cambridge University Press, 2014 (Location: KN 395.1 B 1)

Trusts

Victorian Law Reform Commission, Trading Trusts – Oppression Remedies, Consultation paper, Law Reform Commission of Victoria, 2014 (Location: REF VLRC CP 21)

Background – Trusts and companies in Victoria – The oppression remedy in the Corporations Act – Forms of equitable relief – Possible reform mechanisms – Interests of other parties – Conclusion.

ARTICLES

Articles may be requested online and will be emailed, faxed or mailed to members.

Bullying

Baker, Alison, Fletcher, Jessica and Mitchem, Piers, “Recent developments in the new anti-bullying jurisdiction in the Fair Work Commission” in Inhouse Counsel, vol 18 no 3, May 2014, pp24-25 (ID 55343)

An overview of Fair Work Commission decisions post commencement of the new anti-bullying jurisdiction. Includes tips for managing the issue of bullying.

Nickels, Leanne and Hennessy, Kate, “Stop bully! How the new anti-bullying measures in the Fair Work Act operate” in Inhouse Counsel, vol 18 no 3, May 2014, pp19-22 (ID 55344)

An overview of the new anti-bullying provisions and applications aimed to assist inhouse counsel.

Cloud computing

Kalinich, Kevin, “Data sovereignty and the cloud – a lawyer’s guide: Legal and risk governance issues around data hosting and jurisdiction” in Privacy Law Bulletin, vol 11 no 1, January/February 2014, pp7-11 (ID 55234)

When considering cloud computing, Australian businesses must take into account the risks involved including having data stored in another country.

Consumers

Brown, Patrick, “Understanding hardship” in Agent, vol 47 iss 3, June/July 2014, pp24-26 (ID 55345)

Discusses the increased number of consumers claiming hardship, and the contributing factors.

Copyright

Bayley & Associates Pty Ltd v DBR Australia Pty Ltd [2014] FCA 111 – case note” in Copyright and Designs Bulletin, no 153, March 2014, pp20-21 (ID 55275)

An employee emailed training material from a business to their own business email address and then used those documents in their own business. It was established that this was an infringement of copyright.

Family law

Kaspiew, Rae, Carson, Rachel, Moore, Sharnee et al, “Getting the word out: The role of independent children’s lawyers in the family law system” in Australian Journal of Family Law, vol 28 no 1, May 2014, pp29-46 (ID 55339)

Overview of a report by the Australian Institute of Family Studies on the role of Independent Children’s Lawyers (ICLs).

Kelly, Fiona, “Treating the transgendered child: the Full Court’s decision in Re Jamie – case note” in Australian Journal of Family Law, vol 28 no 1, May 2014, pp83-84 (ID 55217)

Discusses a recent Full Court of the Family Court decision about children with gender identity disorder that has changed the legal requirement for stage one and stage two treatment for these children.

Franchising

Kuti, Adrian, “Franchisors put on notice: Amendments to franchising code” in Governance Directions, vol 66 no 5, June 2014, pp281-284 (ID 55247)

An overview of the new exposure draft legislation from the government’s 2014 “Future of franchising statement” from the Alan Wein Independent Review of 2013.

Funding

Zein, Jason, “Filling the capital gap: the financing case for crowdsourced equity funding in Australia” in Journal of Banking and Finance Law and Practice, vol 25 no 2, June 2014, pp102-105 (ID 55166)

Crowdsourced equity funding can play a role in new venture capital financing. This article discusses the capital gap in equity funding at start-up and expansion stage, including crowdfunding.

Guardianship

Polkingham, Richard, “Judicial virtues and decision-making in the VCAT Guardianship list” in Journal of Law and Medicine, vol 21 no 4, June 2014, pp984-1003 (ID 55246)

Overview of the practice of virtue jurisprudence at VCAT’s Guardianship list. The article includes a table of tribunal member functions for the list.

Internet

Neil, James and Middleton, Thomas, “To link or not to link? The legal risks of linking” in Internet Law Bulletin, vol 17 no 3, April 2014, p50 (ID 55248)

Highlights instances where linking can lead to liability for the person providing the link or the operator of the website. Includes tips to reduce the legal risk and commentary on relevant case law.

Law office management

Thomson Reuters, “Six simple ways to make your firm more profitable” in LSJ (NSW), no 1, June 2014, p50 (ID 55248)

Six tips for lawyers highlighting efficiencies in billing clients.

Leases

Brooks, Richard and Peppinck, Adam, “Some tips for avoiding disputes about a tenant’s make-good obligations at lease end” in Australian Property Law Bulletin, vol 29 no 3, April 2014, pp50-53 (ID 55342)

This article provides tips for avoiding disputes between a landlord and a tenant at the end of a lease term.

Legal education

Young, Peter W, “Are law schools producing too many lawyers?” in Australian Law Journal, vol 88 no 6, June 2014, pp367-368 (ID 55237)

Comments on the number of law students graduating from Australian universities.

Mental health

Butera, Karina, “Countering emotional harm at work” in The Australian Corporate Lawyer, vol 24 iss 2, June 2014, pp8-10 (ID 55211)

Discusses three main categories of emotional harm an individual can experience, and as an employer, what signs of mental illness to look out for in order to help the person cope with work.

Privacy

Alexander, Charles, Koster, Elizabeth and Jones, Sheridan, “Social media and the privacy of employees” in Privacy Law Bulletin, vol 11 no 5, June 2014, pp76-79 (ID 55182)

This article discusses the risks associated with employers using and disclosing employee information via social media sites.

Third line forcing

Lipinski, Justin, “Blurring the bright line? Third line forcing revisited” in Australian Journal of Competition and Consumer Law, vol 22 no 1, March 2014, pp23-39 (ID 55236)

As a result of the decision in ACCC v IMB Group, it is now more difficult to determine whether commercial transactions involve two or three parties, and whether conduct is third or full line forcing. This article discusses the approach courts take in characterising third line forcing.

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