Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books.

Request for production of documents – UCPR r 222 – manner of compliance

In John Kallinicos Accountants Pty Ltd v Dundrenan Pty Ltd [2009] QDC 141 Irwin DCJ considered the nature of a party’s obligation under r 222 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) to produce documents referred to in the parties’ pleadings, particulars or affidavits. The decision examined whether the approach in Belela Pty Ltd v Menzies Excavation Pty Ltd [2005] 2 QdR 230 in relation to disclosure of documents under UCPR r 214 also applied to production of documents under r 222.

Supreme Court Act 1995 s48 - Interest on judgment for damages for personal injuries

The case of Flynn v The Maryborough Sugar Factory Limited [2003] QDC 446 the plaintiff had been awarded damages for personal injuries and there was a charge on those damages under a Commonwealth statute, with a provision in the statute that damages could not be satisfied until the Commonwealth had been paid. The Court considered the point of considerable practical significance of whether interest accrued on the judgment under s48 of the Supreme Court Act 1995 (Qld) before the defendant had obtained clearances under the Commonwealth legislation.

Review of penalties and additional damages : Trade Marks Act 1995

Effective enforcement of intellectual property (IP) rights has become a significant issue due to concerns about the effects of IP infringement, including trade mark counterfeiting. It is an important issue for the Australian Government as IP rights underpin a strong, modern economy. Criminal offences and civil remedies can be an important element of an enforcement regime. This review of penalties and additional damages in the Trade Marks Act 1995 (Cth) (Trade Marks Act) has been prompted by a recommendation made by the Advisory Council on Intellectual Property (ACIP), recent changes to the Copyright Act 1968 (Cth) (Copyright Act) and concerns raised by stakeholders. The purpose of this paper is to elicit comments on options which IP Australia is considering recommending to Government.

Wrestling with schools, schooling and educational research (Personal Reflections on the European Union-supported Educational Research 1995-2003: Briefing Papers for Policy Makers)

I must admit that I approached the European Union-supported educational research 1995-2003: Briefing papers for policy makers with a sense of trepidation. As a researcher who defines himself as socially critical, I wondered about the dynamics of a policy document that was published by the bureaucracy that has, in some form, a vested interest in the structure and operation of education in its various guises. In turning my attention to this review, I decided to focus my attention on the third guiding question that argues education and training "are strongly interconnected with concerns that include citizenship and democratic participation, inequalities and social justice, cultural diversity and quality of life" (Millei, 2005). The Briefing Papers include recommendations on democracy and citizenship, social exclusion and equality, gender and dealing with mental illness in schools...

Information feudalism: Who owns the knowledge economy? A book review

Back in 1995, Peter Drahos wrote a futuristic article called ‘Information feudalism in the information society’. It took the form of an imagined history of the information society in the year 2015. Drahos provided a pessimistic vision of the future, in which the information age was ruled by the private owners of intellectual property. He ended with the bleak, Hobbesian image: "It is unimaginable that the information society of the 21st century could be like this. And yet if abstract objects fall out of the intellectual commons and are enclosed by private owners, private, arbitrary, unchecked global power will become a part of life in the information society. A world in which seed rights, algorithms, DNA, and chemical formulas are owned by a few, a world in which information flows can be coordinated by information-media barons, might indeed be information feudalism (p. 222)." This science fiction assumed that a small number of states would dominate the emerging international regulatory order set up under the World Trade Organization. In Information Feudalism: Who Owns the Knowledge Economy?, Peter Drahos and his collaborator John Braithwaite reprise and expand upon the themes first developed in that article. The authors contend: "Information feudalism is a regime of property rights that is not economicallyefficient, and does not get the balance right between rewarding innovation and diffusing it. Like feudalism, it rewards guilds instead of inventive individual citizens. It makes democratic citizens trespassers on knowledge that should be the common heritage of humankind, their educational birthright. Ironically, information feudalism, by dismantling the publicness of knowledge, will eventually rob the knowledge economy of much of its productivity (p. 219)." Drahos and Braithwaite emphasise that the title Information Feudalism is not intended to be taken at face value by literal-minded readers, and crudely equated with medieval feudalism. Rather, the title serves as a suggestive metaphor. It designates the transfer of knowledge from the intellectual commons to private corporation under the regime of intellectual property.

Radon-222 activity flux measurement using activated charcoal canisters: Revisiting the methodology

The measurement of radon ((222)Rn) activity flux using activated charcoal canisters was examined to investigate the distribution of the adsorbed (222)Rn in the charcoal bed and the relationship between (222)Rn activity flux and exposure time. The activity flux of (222)Rn from five sources of varying strengths was measured for exposure times of one, two, three, five, seven, 10, and 14 days. The distribution of the adsorbed (222)Rn in the charcoal bed was obtained by dividing the bed into six layers and counting each layer separately after the exposure. (222)Rn activity decreased in the layers that were away from the exposed surface. Nevertheless, the results demonstrated that only a small correction might be required in the actual application of charcoal canisters for activity flux measurement, where calibration standards were often prepared by the uniform mixing of radium ((226)Ra) in the matrix. This was because the diffusion of (222)Rn in the charcoal bed and the detection efficiency as a function of the charcoal depth tended to counterbalance each other. The influence of exposure time on the measured (222)Rn activity flux was observed in two situations of the canister exposure layout: (a) canister sealed to an open bed of the material and (b) canister sealed over a jar containing the material. The measured (222)Rn activity flux decreased as the exposure time increased. The change in the former situation was significant with an exponential decrease as the exposure time increased. In the latter case, lesser reduction was noticed in the observed activity flux with respect to exposure time. This reduction might have been related to certain factors, such as absorption site saturation or the back diffusion of (222)Rn gas occurring at the canister-soil interface.

Every face on Vanity Fair’s Hollywood covers 1995-2008

‘Every face on Vanity Fair’s Hollywood covers 1995-2008’ renders an ethnographic-like study of Hollywood celebrity as a cinematic experience. Viewers are presented with constantly mutating portraits that violently twist and shear into other faces, while an immersive soundscape echoes the turbulent painterly surface. Through technical processes of scaling, looping and image morphing; the work explores a positive affectual response to the seductive power of celebrity imagery. Conceptually, given Vanity Fair magazine’s prestigious stature, the work also performs an ethnographic-mapping of the popularity of Hollywood stars over time, while at the same time creating in-between, ‘mutant’ versions of their visages. The installation explores the potential for fan-based responses to pop culture to lead to artworks that enable a more critical response to the subjective and intersubjective dynamics of celebrity portraiture. Questions are raised about how these cultural forms impact pop culture fans, and their role in the mapping of culture and social experience.