Practice and Procedure - Uniform Civil Procedure Rules 1999 r 212(2) - whether draft expert reports must be disclosed

In Mitchell Contractors Pty Ltd v Townsville-Thuringowa Water Supply Joint Board [2004] QSC 329, Douglas J considered the issue of broad significance for litigation practitioners of whether draft expert reports fall within the description in r212(2) of the Uniform Civil Procedure Rules 1999 (Qld) of documents "consisting of a statement or report of an expert" and are therefore not privileged from disclosure.

Informing methods for preparing public health overviews of reviews: a comparison of public health overviews with Cochrane Overviews published between 1999 and 2014

Background: Overviews of systematic reviews (SRs) are useful for public health policy; however there is an absence of Cochrane Overviews covering public health (PH) topics. Objectives: We sought to analyze the methodological approaches used in existing Cochrane Overviews and Protocols for overviews (primarily clinical in nature), and compare these to the methods and approaches used in PH overviews (non-Cochrane). The intent was to identify issues that would be relevant for undertaking Cochrane overviews. Methods: We conducted a descriptive analysis of overviews published between 1999 and 2014. We searched the Cochrane Database of Systematic Reviews for Cochrane Protocols for overviews and Cochrane Overviews, and the HealthEvidence.org for PH overviews. The primary characteristics of the overviews and elements of the methodology were extracted and compared. Results: A total of 61 overviews of SRs were included in our analysis; specifically, this included 21 Cochrane Protocols for overviews, 15 Cochrane Overviews, and 27 non-Cochrane PH overviews. Amongst the overviews, the most significant differences are that PH overviews (non-Cochrane) tend to: include earlier and more reviews, greater number of participants, allow lower levels of evidence, use assessment tools other than AMSTAR (A Measurement Tool to Assess Systematic Reviews, i.e. a tool for assessing quality of SRs), not assess quality of evidence in reviews, search more databases overall, specify search limits including English-only reviews, and not consider recent primary studies for inclusion. Some of these differences clearly related to quality, however many relate to the nuances of PH interventions. Conclusions: The methodology in Cochrane overviews and PH overviews varies widely. Future PH overviews may benefit from the Cochrane methodology but the Cochrane approach requires modification to accommodate PH research methodology. Additionally, the use of databases that pre-screen and quality assess relevant PH systematic reviews may help expedite the search process.

Submission on the Hawke Interim Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)

There are currently no regulatory mechanisms, laws or policies that specifically provide rights to Indigenous peoples over their Indigenous knowledge and intellectual property. We strongly recommend that the commonwealth take the lead to ensure that national sui generis laws are developed (perhaps to operate initially in areas of Cth jurisdiction, such as IPAs and national parks). The development of such laws should be in tandem with practical guidelines to assist their implementation. A comprehensive, nationally consistent scheme for access to genetic resources, which offers meaningful protection of traditional knowledge and substantive benefit-sharing with Indigenous communities, has to be developed. There are already a range of reports/resources that urge these same reforms and that we direct the Enquiry to again; these include the Voumard Report (2000) – especially Fourmile’s Appendix 10 – “Indigenous Interests”, and Terri Jankes “Our Culture, Our Future (1998).

Public history, private memories: Historical imagination in the new Italian cinema 1988-1999

The concern with the following arguments started during a study of national and international cinemas, from the desire to account for a cinema that internationally was doing well, but was undervalued domestically. The aims were to account for the renewal of Italian filmmaking from 1988, the New Italian cinema, and understand the conditions behind this renewal. The thesis identifies in the historical theme and in the recurrence of features from Italian cinema history elements of coherence with previous cinema production. The first consideration that emerges is that a triangulation between a new generation of filmmakers, their audience and recent history shaped the recovery of Italian cinema from 1988. A second consideration is that no discussion of Italian cinema can be separated from a discussion of that which it represents: Italian society and politics. This representation has not only addressed questions of identity for a cohort of spectators, but on occasions has captured the attention of the international audience. Thus the thesis follows a methodologic approach that positions texts in relation to certain traditions in Italian filmmaking and to the context by taking into consideration also industrial factors and social and historical changes. By drawing upon a range of disciplines, from political history to socio-psychological studies, the thesis has focussed on representation of history and memory in two periods of Italian film history: the first and the last decade of twentieth century. The concern has been not so much to interpret the films, but to understand the processes that made the films and how spectarors have applied their knowledge structures to make meaning of the films. Thus the thesis abstains from ascribing implicit meanings to films, but acknowledges how films project cultural contingencies. This is beacause film is shaped by production conditions and cultural and historical circumstances that make the film intelligible. As Bordwell stated in Making Meaning, "One can do other things with films besides 'reading' them" (1989, p. xiii). Within this framework, the thesis proposes a project that understands history films with the norms that govern Italian filmic output, those norms that regulate conditions of production and consumption and the relation between films from various traditions.