Court finds solicitor in breach of fiduciary duty owed to client but loss not caused by the breach

A solicitor owes fiduciary obligations to his or her client including the obligations of loyalty and disclosure. The Court of Appeal in Mantonella Pty Ltd v Thompson (2009) 255 ALR 367; [2009] QCA 80; BC200902311 recently considered when the fiduciary duty owed by a solicitor to a client is breached and the consequent liability of the solicitor...

Scanning electrochemical microscopy study of the solid--solid interconversion of TCNQ to phase I and phase II CuTCNQ

The reduction of 7,7,8,8-tetracyanoquinodimethane (TCNQ) crystals attached to a glassy carbon electrode in the presence of Cu2+(aq) to form CuTCNQ(s) has been investigated using scanning electrochemical microscopy in the substrate generation tip collection mode and shown to involve a generation of soluble TCNQ−(aq). The subsequent oxidation of CuTCNQ does not involve simple expulsion of Cu+ into solution but a soluble complex attributed to Cu2+TCNQ−(aq). Mechanistic insights relative to the electrochemical conversion of CuTCNQ phase I into phase II by repetitive cycling of potential and electrochemical formation of KTCNQ have also been established

An analysis of Australia's legal regime for imposing liability on manufacturers of pharmaceutical drugs

Following a trial in June 2009 where the Federal Court heard submissions regarding whether Merck Sharpe and Dohme Australia should be held liable for an increased risk of cardiovascular conditions noted in patients who had taken the anti-inflammatory drug Vioxx, a judgment was handed down against MSDA in March 2010. MSDA appealed to the Full Federal Court, where they were successful. Special leave to appeal to the High Court of Australia was rejected in May 2012. This article will examine the themes raised in the trial judgment and the appropriateness of Australia’s statutory consumer protection regime through the lens of pharmaceutical drug injuries and side effects.

Policing Transnational Organized Crime and Corruption : Exploring the Role of Communication Interception Technology

Technology has advanced in such a manner that the world can now communicate in means previously never thought possible. These new technologies have not been overlooked by transnational organized crime groups and networks of corruption, and have been exploited for criminal success. This text explores the use of communication interception technology (CIT), such as phone taps or email interception, and its potential to cause serious disruption to these criminal enterprises. Exploring the placement of communication interception technology within differing policing frameworks, and how they integrate in a practical manner, the authors demonstrate that CIT is best placed within a proactive, intelligence-led policing framework. They also indicate that if law enforcement agencies in Western countries are serious about fighting transnational organized crime and combating corruption, there is a need to re-evaluate the constraints of interception technology, and the sceptical culture that surrounds intelligence in policing. Policing Transnational Organized Crime and Corruption will appeal to scholars of Law, Criminal Justice and Police Science as well as intelligence analysts and police and security intelligence professionals.

Key influences on motivations for utility cycling (cycling for transport to and from places)

Issue addressed: Although increases in cycling in Brisbane are encouraging, bicycle mode share to work in the state of Queensland remains low. The aim of this qualitative study was to draw upon the lived experiences of Queensland cyclists to understand the main motivators for utility cycling (cycling as a means to get to and from places) and compare motivators between utility cyclists (those who cycle for utility as well as for recreation) and non-utility cyclists (those who cycle only for recreation). Methods: For an online survey, members of a bicycle group (831 utility cyclists and 931 non-utility cyclists, aged 18-90 years) were asked to describe, unprompted, what would motivate them to engage in utility cycling (more often). Responses were coded into themes within four levels of an ecological model. Results: Within an ecological model, built environment influences on motivation were grouped according to whether they related to appeal (safety), convenience (accessibility) or attractiveness (more amenities) and included adequate infrastructure for short trips, bikeway connectivity, end-of-trip facilities at public locations and easy and safe bicycle access to destinations outside of cities. A key social-cultural influence related to improved interactions among different road users. Conclusions: The built and social-cultural environments need to be more supportive of utility cycling before even current utility and non-utility cyclists will be motivated to engage (more often) in utility cycling. So what?: Additional government strategies and more and better infrastructure that support utility cycling beyond commuter cycling may encourage a utility cycling culture.

Creative Work Beyond the Creative Industries : Innovation, Employment and Education

Creative workers are employed in sectors outside the Creative Industries often in greater numbers than within. This is the first book to explore the phenomena of the embedded creative and creative services through a range of sectors, disciplines, and perspectives. Despite the emergence of these creative workers, very little is known about their work life, and why companies seek to employ them. This book asks: how does creative work actually ‘embed’ into a service or product supply chain? What are creative services? What work are embedded creatives doing? Which industries are they working in? This collection explores these questions in relation to innovation, employment and education, using various methods and theoretical approaches, in order to examine the value of the embedded creative and creative services and to discover the implications of education and training for these creative workers. This book will be of interest to practitioners, policy makers and industry leaders in the Creative Industries, in particular digital media, application development, design, journalism, media and communication. It will also appeal to academics and scholars of innovation, Cultural Studies, business management and Labour Studies.

A novel T-DNA vector design for selection of transgenic lines with simple transgene integration and stable transgene expression

Plants transformed with Agrobacterium frequently contain T-DNA concatamers with direct-repeat (d/r) or inverted-repeat (i/r) transgene integrations, and these repetitive T-DNA insertions are often associated with transgene silencing. To facilitate the selection of transgenic lines with simple T-DNA insertions, we constructed a binary vector (pSIV) based on the principle of hairpin RNA (hpRNA)-induced gene silencing. The vector is designed so that any transformed cells that contain more than one insertion per locus should generate hpRNA against the selective marker gene, leading to its silencing. These cells should, therefore, be sensitive to the selective agent and less likely to regenerate. Results from Arabidopsis and tobacco transformation showed that pSIV gave considerably fewer transgenic lines with repetitive insertions than did a conventional T-DNA vector (pCON). Furthermore, the transgene was more stably expressed in the pSIV plants than in the pCON plants. Rescue of plant DNA flanking sequences from pSIV plants was significantly more frequent than from pCON plants, suggesting that pSIV is potentially useful for T-DNA tagging. Our results revealed a perfect correlation between the presence of tail-to-tail inverted repeats and transgene silencing, supporting the view that read-through hpRNA transcript derived from i/r T-DNA insertions is a primary inducer of transgene silencing in plants. © CSIRO 2005.

An examination of the liability of a construction contract certifier who gets it wrong

Construction contracts often provide that decisions under the contract will be made by a certifier. This paper reviews the liability issues when a certifier makes a mistake. We do that in light of recent pronouncements by the High Court of Australia and the New South Wales Court of Appeal on negligence. We look at this question in the context of traditional construction contract arrangements and also consider the implications for Public Private Partnerships and the typical contract arrangements entered into to facilitate these transactions.

Writing the Barbaric Recent Past : Holocaust Fiction for Young Adults

Horror and redemption in Holocaust writing for young adults: Marcus Zusak’s The Book Thief, John Boyne’s The Boy in the Striped Pyjamas. While it has long been thought that the Holocaust is not an appropriate subject matter for young audiences, from The Diary of Anne Frank onwards it has always been part of their reading matter. Never, however, has there been so much interest as in the recent best-selling publications by Zusak and Boyne (the latter of which has been made into a film). This chapter examines the politics of crafting stories for young people about the unspeakable events of the recent past, about who has the right to ‘speak for’ the victims, and whether some genres (for example, fairy stories or fabulism) work best, given the horrific nature of the subject matter.

Health and guardianship law : the decision of X v the Sydney Children's Hospitals Network [2013] NSWCA 320 : mature minors and the refusal of blood products

This recent decision of the New South Wales Court of Appeal considers the scope of the parens patriae jurisdiction in cases where the jurisdiction is invoked for the protection of a Gillick competent minor. As outlined below, in certain circumstances the law recognises that mature minors are able to make their own decisions concerning medical treatment. However, there have been a number of Commonwealth decisions which have addressed the issue of whether mature minors are able to refuse medical procedures in circumstances where refusal will result in the minor dying. Ultimately, this case confirms that the minor does not necessarily have a right to make autonomous decisions; the minor’s right to exercise his or her autonomous decision only exists when such decision accords with what is deemed to be in his or her best interests.

The double risk of primitivism

This essay examines the possibilities for practices that appeal to the primitive in the contemporary cultural context. The idea of the primitive is driven by a desire to challenge the limitations of Western culture, while at the same time attracting the charge of promoting Eurocentrism. This essay investigates this double risk and how artists have sought to evade it, confound it, or accentuate it.