Recognition and enforcement of foreign judgments : are the rules appropriate?

The recognition and enforcement of foreign judgments is an aspect of private international law, and concerns situations where a successful party to litigation seeks to rely on a judgment obtained in one court, in a court in another jurisdiction. The most common example where the recognition and enforcement of foreign judgments may arise is where a party who has obtained a favourable judgment in one state or country may seek to recognise and enforce the judgment in another state or country. This occurs because there is no sufficient asset in the state or country where the judgment was rendered to satisfy that judgment. As technological advancements in communications over vast geographical distances have improved exponentially in recent years, there has been an increase in cross-border transactions, as well as litigation arising from these transactions. As a result, the recognition and enforcement of foreign judgments is of increasing importance, since a party who has obtained a judgment in cross-border litigation may wish to recognise and enforce the judgment in another state or country, where the defendant’s assets may be located without having to re-litigate substantive issues that have already been resolved in another court. The purpose of the study is to examine whether the current state of laws for the recognition and enforcement of foreign judgments in Australia, the United States and the European Community are in line with modern-commercial needs. The study is conducted by weighing two competing objectives between the notion of finality of litigation, which encourages courts to recognise and enforce judgments foreign to them, on the one hand, and the adequacy of protection to safeguard the recognition and enforcement proceedings, so that there would be no injustice or unfairness if a foreign judgment is recognised and enforced, on the other. The findings of the study are as follows. In both Australia and the United States, there is a different approach concerning the recognition and enforcement of judgments rendered by courts interstate or in a foreign country. In order to maintain a single and integrated nation, there are constitutional and legislative requirements authorising courts to give conclusive effects to interstate judgments. In contrast, if the recognition and enforcement actions involve judgments rendered by a foreign country’s court, an Australian or a United States court will not recognise and enforce the foreign judgment unless the judgment has satisfied a number of requirements and does not fall under any of the exceptions to justify its non-recognition and non-enforcement. In the European Community, the Brussels I Regulation which governs the recognition and enforcement of judgments among European Union Member States has created a scheme, whereby there is only a minimal requirement that needs to be satisfied for the purposes of recognition and enforcement. Moreover, a judgment that is rendered by a Member State and based on any of the jurisdictional bases set forth in the Brussels I Regulation is entitled to be recognised and enforced in another Member State without further review of its underlying jurisdictional basis. However, there are concerns as to the adequacy of protection available under the Brussels I Regulation to safeguard the judgment-enforcing Member States, as well as those against whom recognition or enforcement is sought. This dissertation concludes by making two recommendations aimed at improving the means by which foreign judgments are recognised and enforced in the selected jurisdictions. The first is for the law in both Australia and the United States to undergo reform, including: adopting the real and substantial connection test as the new jurisdictional basis for the purposes of recognition and enforcement; liberalising the existing defences to safeguard the application of the real and substantial connection test; extending the application of the Foreign Judgments Act 1991 (Cth) in Australia to include at least its important trading partners; and implementing a federal statutory scheme in the United States to govern the recognition and enforcement of foreign judgments. The second recommendation is to introduce a convention on jurisdiction and the recognition and enforcement of foreign judgments. The convention will be a convention double, which provides uniform standards for the rules of jurisdiction a court in a contracting state must exercise when rendering a judgment and a set of provisions for the recognition and enforcement of resulting judgments.

Secured e-health data retrieval in DaaS and Big Data

Big Data is a rising IT trend similar to cloud computing, social networking or ubiquitous computing. Big Data can offer beneficial scenarios in the e-health arena. However, one of the scenarios can be that Big Data needs to be kept secured for a long period of time in order to gain its benefits such as finding cures for infectious diseases and protecting patient privacy. From this connection, it is beneficial to analyse Big Data to make meaningful information while the data is stored securely. Therefore, the analysis of various database encryption techniques is essential. In this study, we simulated 3 types of technical environments, namely, Plain-text, Microsoft Built-in Encryption, and custom Advanced Encryption Standard, using Bucket Index in Data-as-a-Service. The results showed that custom AES-DaaS has a faster range query response time than MS built-in encryption. Furthermore, while carrying out the scalability test, we acknowledged that there are performance thresholds depending on physical IT resources. Therefore, for the purpose of efficient Big Data management in eHealth it is noteworthy to examine their scalability limits as well even if it is under a cloud computing environment. In addition, when designing an e-health database, both patient privacy and system performance needs to be dealt as top priorities.

Animated Kolam Patterns

The brief for the creative work was to produce a digital backdrop that would be projected behind and enhance a dance performance. The animation needed to display a static kolam pattern that would then dissolve at a choreographed point in the performance. The dissolving mimics the fragmentation that occurs to physical kolam patterns throughout the day as people interact with the drawings. The final animated work was incorporated into Vanessa Mafe-Keane’s performance titled “Paired Back” performed at the Judith Wright Centre, Brisbane 2013 as part of “Dance. Indie Dance. Through the use of motion capture technology the process of dissolving the pattern is a direct result of the performer’s movements allowing visual and temporal connection between motion of performer and digital graphic to be observed. This creative work presented an opportunity to expand upon experiments conducted in the production of experimental visual forms undertaken at QUT using the Xsens MVN Inertial Motion Capture System. The project took on the form of an investigation into practice with a focus on the additional complexities of capturing, then applying multiple data sources into the production of animated visuals along with bringing to light the considerations taken into account when producing this type of generative art work for live performance. The reported outcomes from this investigation have contributed to a larger study on the use of motion capture in the generative arts, furthering the understanding of and generating theories on practice.

Preparing for performance capture #1

This video article articulates two exercises that have been developed to respond to the need for preparedness in the growing field of Performance Capture. The first is called Walking Through (Delbridge 2013), where the actor navigates a series of objects that exist in screen space through a developed sense of the existing physical particularities of the studio and an interaction with a screen (or feedback loop). The second exercise is called The Donut (Delbridge 2013), where the performer continues to navigate screen space but this time does so through the literal stepping through of a Torus in the virtual – again with nothing but the studio infrastructure and the screen as a guide. Notions of Motion Captured performance infer the existence of an interface that combines performer with system, separating (or intervening in) the space between performance and the screen. It is precisely the effect and provided opportunity of the intermediary device on the practice, craft and preparedness of the actor as they navigate the connection between 3D screen space and the physical properties of the studio that is examined here. Defining the scope of current practice for the contemporary actor is a key construct of this challenge, with the most appropriate definition revolving around the provision of a required mixture of performance and content for live, mediated, framed and variously captured formats. One of these particular formats is Performance Capture. The exercises presented here are two from a series, developed over a three year study that contribute to our understanding of the potential for a training regimen to be developed for the rigors of Performance Capture.

Text messaging to support off-campus clinical facilitators of undergraduate student nurses

Managing large cohorts of undergraduate student nurses during off-campus clinical placement is complex and challenging. Clinical facilitators are required to support and assess nursing students during clinical placement. Therefore clear communication between university academic coordinators and clinical facilitators is essential for consistency and prompt management of emerging issues. Increasing work demands require both coordinators and facilitators to have an efficient and effective mode of communication. The aim of this study was to explore the use of Short Message Service (SMS) texts, sent between mobile phones, for communication between university Unit Coordinators and off-campus Clinical Facilitators. This study used an after-only design. During a two week clinical placement 46 clinical facilitators working with first and second year Bachelor of Nursing students from a large metropolitan Australian university were regularly sent SMS texts of relevant updates and reminders from the university coordinator. A 15 item questionnaire comprising x of 5 point likert scale and 3 open-ended questions was then used to survey the clinical facilitators. The response rate was 47.8% (n=22). Correlations were found between the approachability of the coordinator and facilitator perception of a) that the coordinator understood issues on clinical placement (r=0.785, p<0.001,), and b) being part of the teaching team (r=0.768, p<0.001). Analysis of responses to qualitative questions revealed three themes: connection, approachability and collaboration. Results indicate that SMS communication is convenient and appropriate in this setting. This quasi-experimental after-test study found regular SMS communication improves a sense of connection, approachability and collaboration.

New media and the transformation of higher education

One set of public institutions that has seen growing discussion about the transformative impact of new media technologies has been universities. The higher education sector, historically one of the more venerable and stable areas of public life, is now the subject of almost continuous speculation about whether it can continue in its current form during the 21st century. Digital media technologies are often seen as being at the forefront of such changes. It has been widely noted that moves towards a knowledge economy generates ‘skills-biased technological change’, that places a premium upon higher education qualifications, and that this earnings gap remains despite the continuing increase in the number of university graduates. As the demand for higher education continues to grow worldwide, there are new discussions about whether technologically-mediated education through new forms such as Massively Open Online Courses (MOOCs) are broadening access to quality learning, or severing the vital connection between teacher and student seen as integral to the learning process. This paper critically appraises such debates in the context of early 21st century higher education. It will discuss ten drivers of change in higher education, many of which are related to themes discussed elsewhere in this book, such as the impact of social media, globalization, and a knowledge economy. It will also consider the issues raised in navigating such developments from the perspective of the ‘Five P’s’: practical issues; personal issues; pedagogical issues; policy issues; and philosophical issues. It also includes a critical evaluation of MOOCs from the point of view of their educational qualities. It will conclude with the observation that while universities will continue to play a significant – and perhaps growing – role in the economy, society and culture, the issues raised about what Clayton Christensen and Henry Eyring term the ‘disruptive university’ (Christensen and Eyring 2011) are nonetheless pressing ones, and that cost and policy pressures in particular are likely to generate significant institutional transformations in higher education worldwide.

The University of Queensland St Lucia campus 1.22 MW photovoltaic array

At the time of its official opening on 15 July 2011, The University of Queensland 1.22 MW array was the largest flat-panel PhotoVoltaic (PV) array in Australia. This PV array consists of over 5000 Trina Solar 240 Wp polycrystalline silicon PV modules installed across four rooftops at the St Lucia campus. Grid connection was achieved with 85 12.5 kW three phase and four 5 kW single phase grid connect inverters manufactured by Power-One. The site also includes one 8.4 kWp SolFocus concentrating solar 2 axis tracking PV array. Site wide monitoring and data logging of all DC, AC and environmental quantities will allow this array to be a rich source of research data. The site will also include a 200 kW 400 kWh zinc bromine energy storage system by Redflow, and associated power quality metering and monitoring. This paper presents highlights of the project feasibility study which included a site survey, shading analysis, and technology and triple bottom line assessment. A detailed description of the final technical implementation including discussion of alterative options considered is given. Finally, example initial data showing yield, trends and early example experimental results are presented.

Evaluating MPPT converter topologies using a Matlab PV model

An accurate PV module electrical model is presented based on the Shockley diode equation. The simple model has a photo-current current source, a single diode junction and a series resistance, and includes temperature dependences. The method of parameter extraction and model evaluation in Matlab is demonstrated for a typical 60W solar panel. This model is used to investigate the variation of maximum power point with temperature and isolation levels. A comparison of buck versus boost maximum power point tracker (MPPT) topologies is made, and compared with a direct connection to a constant voltage (battery) load. The boost converter is shown to have a slight advantage over the buck, since it can always track the maximum power point.

Evaluating MPPT converter topologies using a MATLAB PV model

An accurate PV module electrical model is presented based on the Shockley diode equation. The simple model has a photo-current current source, a single diode junction and a series resistance, and includes temperature dependences. The method of parameter extraction and model evaluation in Matlab is demonstrated for a typical 60W solar panel. This model is used to investigate the variation of maximumpower point with temperature and insolation levels. A comparison of buck versus boostmaximum power point tracker (MPPT) topologies is made, and compared with a direct connection to a constant voltage (battery) load. The boost converter is shown to have a slight advantage over the buck, since it can always track the maximum power point.

Experiments with cooperative control of underwater robots

In this paper we describe cooperative control algorithms for robots and sensor nodes in an underwater environment. Cooperative navigation is defined as the ability of a coupled system of autonomous robots to pool their resources to achieve long-distance navigation and a larger controllability space. Other types of useful cooperation in underwater environments include: exchange of information such as data download and retasking; cooperative localization and tracking; and physical connection (docking) for tasks such as deployment of underwater sensor networks, collection of nodes and rescue of damaged robots. We present experimental results obtained with an underwater system that consists of two very different robots and a number of sensor network modules. We present the hardware and software architecture of this underwater system. We then describe various interactions between the robots and sensor nodes and between the two robots, including cooperative navigation. Finally, we describe our experiments with this underwater system and present data.

Imagining in the spatial design process

This thesis aims to expand our understanding of imagining in the spatial design disciplines of architecture and interior design. More than three decades after Lawson’s statement, the matter of “what goes on in a designer’s head”, or imagining and mental problem solving remains just as mysterious and just as pertinent, possibly more so given the social and environmental challenges facing humankind. The lines on a page, the small perspective sketches, the connection of lines and scrawled notes and other clues help us understand what may be going on in the mind of the architect or designer. However, how designers know that space intimately before it is built is not greatly understood and articulated – even by designers themselves. There is a gap in the market in terms of informed exploration of the thinking that occurs during the design process, and how this is translated into physical outcomes. In other words, what do we see in our mind’s eye during the design process? This thesis explores design thinking and design process; what we ‘see’ when we draw, what we ‘see’ when we design.

Anatomic fitting of total artificial hearts for in vivo evaluation

Successful anatomic fitting of a total artificial heart (TAH) is vital to achieve optimal pump hemodynamics after device implantation. Although many anatomic fitting studies have been completed in humans prior to clinical trials, few reports exist that detail the experience in animals for in vivo device evaluation. Optimal hemodynamics are crucial throughout the in vivo phase to direct design iterations and ultimately validate device performance prior to pivotal human trials. In vivo evaluation in a sheep model allows a realistically sized representation of a smaller patient, for which smaller third-generation TAHs have the potential to treat. Our study aimed to assess the anatomic fit of a single device rotary TAH in sheep prior to animal trials and to use the data to develop a threedimensional, computer-aided design (CAD)-operated anatomic fitting tool for future TAH development. Following excision of the native ventricles above the atrio-ventricular groove, a prototype TAH was inserted within the chest cavity of six sheep (28–40 kg).Adjustable rods representing inlet and outlet conduits were oriented toward the center of each atrial chamber and the great vessels, with conduit lengths and angles recorded for future analysis. A threedimensional, CAD-operated anatomic fitting tool was then developed, based on the results of this study, and used to determine the inflow and outflow conduit orientation of the TAH. The mean diameters of the sheep left atrium, right atrium, aorta, and pulmonary artery were 39, 33, 12, and 11 mm, respectively. The center-to-center distance and outer-edge-to-outer-edge distance between the atria, found to be 39 ± 9 mm and 72 ± 17 mm in this study, were identified as the most critical geometries for successful TAH connection. This geometric constraint restricts the maximum separation allowable between left and right inlet ports of a TAH to ensure successful alignment within the available atrial circumference.

Regulation of the Fear Network by Mediators of Stress: Norepinephrine Alters the Balance between Cortical and Subcortical Afferent Excitation of the Lateral Amygdala

Pavlovian auditory fear conditioning involves the integration of information about an acoustic conditioned stimulus (CS) and an aversive unconditioned stimulus in the lateral nucleus of the amygdala (LA). The auditory CS reaches the LA subcortically via a direct connection from the auditory thalamus and also from the auditory association cortex itself. How neural modulators, especially those activated during stress, such as norepinephrine (NE), regulate synaptic transmission and plasticity in this network is poorly understood. Here we show that NE inhibits synaptic transmission in both the subcortical and cortical input pathway but that sensory processing is biased toward the subcortical pathway. In addition binding of NE to β-adrenergic receptors further dissociates sensory processing in the LA. These findings suggest a network mechanism that shifts sensory balance toward the faster but more primitive subcortical input

Earnings management and the role of the audit committee: an investigation of the influence of cross-listing and government officials on the audit committee

This paper extends research on the corporate governance practices of transitional economies by examining whether the ability of the audit committee to constrain earnings management in Chinese firms is associated with the listing environment and the presence of government officials on the audit committee. Despite considerable regulatory reforms by the Chinese Securities Regulatory Commission, there remain incentives for Chinese firms to manage earnings. However, government initiatives to encourage domestic firms to cross-list on the Hong Kong Stock Exchange are accompanied by improved governance. We find that the expertise and independence of the audit committee for cross-listed (CL) Chinese firms are associated with lower abnormal accruals, our measure of earnings management. Both domestic only listed firms and CL Chinese firms appoint government officials as independent members on the audit committee. However, due to the political connection between government officials and the controlling shareholder (the State), these appointments can severely mitigate audit committee independence. Subsequently, we find a significant and positive association between audit committee independence and experience and earnings management when there are government officials on the audit committee.

Review of current test methods for screwed connections

The pull-through/local dimpling failure strength of screwed connections is very important in the design of profiled steel cladding systems to help them resist storms and hurricanes. The current American and European provisions recommend four different test methods for the screwed connections in tension, but the accuracy of these methods in determining the connection strength is not known. It is unlikely that the four test methods are equivalent in all cases and thus it is necessary to reduce the number of methods recommended. This paper presents a review of these test methods based on some laboratory tests on crest- and valley-fixed claddings and then recommends alternative tests methods that reproduce the real behavior of the connections, including the bending and membrane deformations of the cladding around the screw fasteners and the tension load in the fastener.