Civil procedure : commentary and materials (3rd ed.)

This book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, alternative dispute resolution. limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and practice directions. The procedures in the Supreme Courts of each of the states and Territories are covered, as well as those of the Federal Court of Australia.

Civil procedure : commentary and materials (4th ed)

This book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, alternative dispute resolution, limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and practice directions. Each of the state, territory and federal procedures is covered.

Uniform Civil Procedure Rules r150 : orders relating to "property" – whether sperm extracted and stored may be characterised as “property”

In Bazley v Wesley Monash IVF Pty Ltd [2010] QSC 118 an order was made under r 250 of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”) requiring the respondent to continue to hold and maintain straws of semen belonging to the applicant’s deceased husband. The decision includes a useful analysis of the development of the common law regarding property rights in human bodies and body parts.

Trial by jury in civil proceedings : “convenience” and the philosophy of the UCPR

In Syddall v National Mutual Life Association of Australasia Limited [2008] QSC 101 Daubney J ordered the action be tried without a jury. His judgment considered the circumstances in which a trial involves any technical, scientific or other issue that can not be “conveniently” considered and resolved by a jury as provided in r 474 of the Uniform Civil Procedure Rules 1999 (Qld)

Adaptive metering algorithm for electronic commercial vehicle preclearance systems

This paper presents an adaptive metering algorithm for enhancing the electronic screening (e-screening) operation at truck weight stations. This algorithm uses a feedback control mechanism to control the level of truck vehicles entering the weight station. The basic operation of the algorithm allows more trucks to be inspected when the weight station is underutilized by adjusting the weight threshold lower. Alternatively, the algorithm restricts the number of trucks to inspect when the station is overutilized to prevent queue spillover. The proposed control concept is demonstrated and evaluated in a simulation environment. The simulation results demonstrate the considerable benefits of the proposed algorithm in improving overweight enforcement with minimal negative impacts on nonoverweighed trucks. The test results also reveal that the effectiveness of the algorithm improves with higher truck participation rates in the e-screening program.

Cancer-related psychosocial research : what are the perspectives of cancer care centre users on participation?

Purpose To explore the perspectives of cancer care centre users on participation in psychosocial research to inform research design and ethics. Methods The study is based on a qualitative research design. Fourteen semistructured interviews were carried in people diagnosed with cancer and carers. The interview included four main questions about practical barriers to participation, types of research design, motivating factors and the conduct of research in a cancer care support setting. The data were analysed using qualitative content analysis. Results Interviewees demonstrated a willingness to participate in psychosocial research within certain circumstances. There were no practical barriers identified, although they considered payment for research-related travel important. The most acceptable research design was the face-to-face interview and the least preferred was the randomised control trial. The factors that motivated participation were altruism, valuing research, and making a contribution to the centre. Interviewees supported the conduct of research in cancer care support centres conditional upon delaying recruitment during the initial months of users’ visits and its need to be discreet to avoid deterring visitors from accessing the centre. Conclusions The study concludes that the personal interaction between participants and researchers is the most important feature of decision-making by patients/carers to join studies. Taking into account the perspectives of people affected by cancer during the early stages of research design may enhance recruitment and retention and can contribute to the development of research protocols and ethics.

Empowering the school community for change : an evaluation of participation in the Ashgrove Healthy School Environment Project

The purpose of this study was to evaluate aspects of participation in a participatory action research project, the Ashgrove Healthy School Environment Project. Participatory action research is a form of research that creates change as an explicit part of the research process and requires the active participation of those by and for whom the research is being conducted. This study arose from concems by this researcher, who is also a co-facilitator of the project, that levels of participation were not as extensive as one might have hoped and that this seemingly low level would have a negative impact on the continuing participation of those already involved. Specifically. this evaluation sought to uncover the reasons that prompted participation, to identify structural barriers to initial involvement and to uncover participants' perceptions of the process, including barriers and opportunities. It also sought to record evidence of any shift in decision making and to draw implications about the findings that could assist the project, the school, other schools and the wider community. This evaluation involved focus group discussions and interviews with participants actively involved in the school project. The purpose was to uncover their views, feelings and perceptions about their participation and the participatory processes in use generally. It also included some examination of school documents and newsletters and as also drawn on the reflections of this 'insider' researcher, based on two years of involvement in facilitating the project. The findings that emerge from this study are heartening. Rather than feeling anxious about the long-term sustainability of the project, this researcher now feels more confident about its achievements, both in terms of the changes that have occurred in the school and about the participatory processes and levels of participation. Whilst the evaluation has identified a number of barriers, both institutional, personal and project related, it has also identified several key factors that serve to promote participation.

The family participation in child care project : educator views

The capacity of educators to work in partnership with families is considered to be a hallmark of quality practice in education and care. The rationale is that ‘children thrive when families and educators work together in partnership to support young children’s learning’ (DEEWR 2009, p. 9).To support genuine partnerships, the Brisbane South Professional Support Network (PSN) is leading a collaborative project, with the Health and Community Services Workforce Council and Queensland University of Technology (QUT), known as the ‘Family Participation in ECEC project’. The overarching aim of the project is to investigate different perspectives of family partnership in ECEC, with a focus on information sharing, information seeking and family participation,to build educator capacity to establish and maintain genuine partnerships with families. Maintaining a practical focus, and linking to the National Quality Framework for Early Childhood Education and Care (Quality Area 6), the study findings offer insight into the different ways that diverse families and educators may view and experience partnership, and as such provide a sound basis for critical reflection, professional learning and improved practice.

An interpretative phenomenological analysis of participation in a pro-anorexia Internet site and its relationship to disordered eating

Pro-anorexia Internet sites aim to promote, support and discuss anorexia nervosa. Media coverage has raised concerns that sites may increase the level of eating disorders. This research examines the meaning of participation in a pro-anorexia Internet site and its relationship with disordered eating by using an interpretative phenomenological analysis of fifteen separate message ‘threads’ followed over a six-week period. Four themes were identified: (1) tips and techniques; (2) ‘ana’ v. anorexia nervosa; (3) social support; and (4) need for anorexia. Findings suggest participation was multi-purpose, providing a coping function in relation to weight loss, and the contribution of sites to increased levels of eating disorders is not inevitable.

Narrative, education policy and the newsprint media : A critical discourse analysis of the construction of young people's participation in education or employment

This thesis used Critical Discourse Analysis to investigate how a government policy and the newsprint media constructed discussion about young people’s participation in education or employment. The study found that a continuous narrative across both sites about government as a noble agent taking action to redress the social disruption caused by young people’s disengagement. Unlike the education policy, the newsprint media blamed young people who were disengaged and failed to recognise the barriers they often face. The study points to possibilities for utilising the power of narrative to build a more fair and rigorous discussion of issues in the public sphere.

Women's participation in the Australian digital content industry

The research investigated women’s participation in the Australian Digital Content Industry, which encompasses both multimedia and games production. The Digital Content Industry is an area of growing economic and social significance, both in Australia and internationally. Women are under-represented in core Digital Content Industry work but there has been little theoretical or empirical investigation of the underlying issues. This research identified a range of influences on women’s participation and provides a better understanding of this complex social phenomenon by proposing that influences should be understood from the perspective of agent-driven mechanisms. The key contribution is a new theory - the Acts of Agency Theory - which was used to discuss the phenomenon and issues underpinning women’s participation and to recommend strategies that should foster greater participation of women in the Digital Content Industry.

Democracy and participation in Singapore : a case study

A typical characteristic of the ongoing practice of democracy in Singapore has been described by some scholars as 'illiberal democracy'. Noting that Singapore 's brand of democracy operates within a 'dominant, one-party system', other scholars cushioned such a democratic practice by their reference to 'semi-democracy', 'controlled democracy, 'guided democracy, and 'communitarian democracy'. However, despite the demonstration that there are many restrictions in the type of democracy that exists in Singapore, the benefits are numerous. Singapore is the only country in the world to have transformed itself from a developing country to a developed country in less than only forty years. But its slower move towards a culture ofparticipation must move as quickly as globalization does if it is to remain in relevant and legitimate democracy. If the younger generation understands that they should have the right to a voice before the government acknowledges it, the transition could be more tumultuous than necessary.

The Convergence Review and the principle of Australians' access to and opportunities for participation

The recent Australian Convergence Review’s second principle states: “Australians should have access to and opportunities for participation in a diverse mix of services, voices, views and information”. However, in failing to define its own use and understanding of the terms ‘access’ and ‘participation’ the Convergence Review exposes itself to criticism. These terms would no doubt be made unambiguously clear should the Review’s recommendations move towards policy, and this paper contributes to this discussion by framing access and participation, from the perspective of the ‘produser’ (Bruns, 2008), around three separate but related issues: the failure to frame the discussion that will be undertaken by the Australian Law Reform Commission’s 2012 2013 Copyright Inquiry; the prioritising of the market over and above media accountability and the health of the public sphere; and the missed opportunity to develop a national framework for digital literacy and advanced digital citizenry.