The 2008 declaration of independence by the Hong Kong Court and anomalies in the Hong Kong Company Law

Discusses two aspects of Hong Kong law: 1) the judgment of the Hong Kong Court of Final Appeal in A Solicitor v The Law Society of Hong Kong on whether Hong Kong courts were bound, post-1997, by pre-1997 House of Lords or Privy Council decisions, by pre-1997 decisions of their own, or by post-1997 overseas decisions from any jurisdiction; and 2) the need for clarification in the Hong Kong Companies Ordinance of whether a company can have a single legal representative, the ultra vires rule and the duties of company directors

Liability of principal contractor for independent subcontractor considered by the High Court

Case note of Leighton Contractors Pty Ltd v Fox (2009) 258 ALR 673 ----- In Leighton Contractors Pty Ltd v Fox (2009) 83 ALJR 1086 ; 258 ALR 673 the High Court considered the liability of a principal contractor for the negligence of independent subcontractors on a building site. In its decision, the court considered the nature and the scope of the duty owed by principals to independent contractors.

High Court changes position on standard of care of learner drivers

Since the High Court decision of Cook v Cook (1986) 162 CLR 376, a person who voluntarily undertakes to instruct a learner driver of a motor vehicle is owed a lower standard of care than that owed to other road users. The standard of care was still expressed to be objective; however, it took into account the inexperience of the learner driver. Therefore, a person instructing a learner driver was owed a duty of care the standard being that of a reasonable learner driver. This ‘special relationship’ was said to exist because of the passenger’s knowledge of the driver’s inexperience and lack of skill. On 28 August 2008 the High Court handed down its decision in Imbree v McNeilly [2008] HCA 40, overruling Cook v Cook.

High Court decision on duty owed by licensee to patron

In a previous column of Queensland Lawyer,1 the case of Scott v CAL No 14 Pty Ltd (No 2) (2009) 256 ALR 512 was discussed. Special leave to appeal against the decision of the Full Court of the Supreme Court of Tasmania was granted and on 10 November 2009 the High Court handed down its decision.

Locking away the mysteries of fair basis : Lockwood v Doric in the High Court

This article updates a previous article on the Lockwood v Doric fair basing case in the Full Court of the Federal Court which was recently appealed to the High Court. The High Court's decision provides a new and welcome level of clarity in this difficult area of patent law. With this new clarity we can finally lock away some of the mysteries that have plagued the area for some time. Already, indications are that Lockwood's guidelines are being usefully applied in the Patent Office and Federal Court.

Overview of the INEX 2009 XML mining track : clustering and classification of XML documents

This report explains the objectives, datasets and evaluation criteria of both the clustering and classification tasks set in the INEX 2009 XML Mining track. The report also describes the approaches and results obtained by the different participants.

The inherent equitable jurisdiction and the plenary power of the Supreme Court of New South Wales to order the winding up of companies

Not all companies in Australia are amenable to a winding up order pursuant to the Corporations Act 2001 (Cth). The Supreme Court of New South Wales has previously dealt with such winding up applications by apparently focusing on the inherent jurisdiction of the court to consider whether the court has jurisdiction to firstly consider the winding up application. This article proposes an original alternative paradigm: the plenary power provided to the court by s 23 of the Supreme Court Act 1970 (NSW) can be utilised to initially attract the jurisdiction of the court and subsequently the inherent jurisdiction specifically utilising the equitable “just and equitable” ground is available to the court to consider and make such a winding up order if appropriate. Variation of such a paradigm may also be available to the court when considering the inherent jurisdiction in relation to corporation matters more generally.

Multi-version documents : A digitisation solution for textual cultural artefacts

Textual cultural heritage artefacts present two serious problems for the encoder: how to record different or revised versions of the same work, and how to encode conflicting perspectives of the text using markup. Both are forms of textual variation, and can be accurately recorded using a multi-version document, based on a minimally redundant directed graph that cleanly separates variation from content.

XML documents clustering using tensor space model - A preliminary study

A hierarchical structure is used to represent the content of the semi-structured documents such as XML and XHTML. The traditional Vector Space Model (VSM) is not sufficient to represent both the structure and the content of such web documents. Hence in this paper, we introduce a novel method of representing the XML documents in Tensor Space Model (TSM) and then utilize it for clustering. Empirical analysis shows that the proposed method is scalable for a real-life dataset as well as the factorized matrices produced from the proposed method helps to improve the quality of clusters due to the enriched document representation with both the structure and the content information.

Overview of the INEX 2010 XML mining track : clustering and classification of XML documents

The XML Document Mining track was launched for exploring two main ideas: (1) identifying key problems and new challenges of the emerging field of mining semi-structured documents, and (2) studying and assessing the potential of Machine Learning (ML) techniques for dealing with generic ML tasks in the structured domain, i.e., classification and clustering of semi-structured documents. This track has run for six editions during INEX 2005, 2006, 2007, 2008, 2009 and 2010. The first five editions have been summarized in previous editions and we focus here on the 2010 edition. INEX 2010 included two tasks in the XML Mining track: (1) unsupervised clustering task and (2) semi-supervised classification task where documents are organized in a graph. The clustering task requires the participants to group the documents into clusters without any knowledge of category labels using an unsupervised learning algorithm. On the other hand, the classification task requires the participants to label the documents in the dataset into known categories using a supervised learning algorithm and a training set. This report gives the details of clustering and classification tasks.

XML documents clustering using Tensor Space Model

The traditional Vector Space Model (VSM) is not able to represent both the structure and the content of XML documents. This paper introduces a novel method of representing XML documents in a Tensor Space Model (TSM) and then utilizing it for clustering. Empirical analysis shows that the proposed method is scalable for large-sized datasets; as well, the factorized matrices produced from the proposed method help to improve the quality of clusters through the enriched document representation of both structure and content information.

Selected new training documents to update user profile

Relevance Feedback (RF) has been proven very effective for improving retrieval accuracy. Adaptive information filtering (AIF) technology has benefited from the improvements achieved in all the tasks involved over the last decades. A difficult problem in AIF has been how to update the system with new feedback efficiently and effectively. In current feedback methods, the updating processes focus on updating system parameters. In this paper, we developed a new approach, the Adaptive Relevance Features Discovery (ARFD). It automatically updates the system's knowledge based on a sliding window over positive and negative feedback to solve a nonmonotonic problem efficiently. Some of the new training documents will be selected using the knowledge that the system currently obtained. Then, specific features will be extracted from selected training documents. Different methods have been used to merge and revise the weights of features in a vector space. The new model is designed for Relevance Features Discovery (RFD), a pattern mining based approach, which uses negative relevance feedback to improve the quality of extracted features from positive feedback. Learning algorithms are also proposed to implement this approach on Reuters Corpus Volume 1 and TREC topics. Experiments show that the proposed approach can work efficiently and achieves the encouragement performance.