Contemporary issues in Australian family law: Do we need a more unified and interventionist judicial model

Recent decisions of the Family Court of Australian reflect concerns over the adversarial nature of the legal process. The processes and procedures of the judicial system militate against a detailed examination of the issues and rights of the parties in dispute. The limitations of the family law framework are particularly demonstrated in disputes over the custody of children where the Court has tended to neglect the rights and interests of the primary carer. An alternative "unified family court" framework will be examined in which the Court pursues a more active and interventionist approach in the determination of family law disputes.

Industry culture: a need for change

Research indicates, one of the last available ‘mechanisms’ left for organisations to improve their competitive position within the construction industry is by considering its people (culture) along with its technology (Schein E. H. 1997). In other words, if one wants to make construction industry organisations, groups and project teams more efficient and effective, then one must better understand the role that culture plays within them.

Catching up with consumer realities: the need for legislation prohibiting unfair terms in consumer contracts

In the policy debate about the need for legislation to prohibit the use of unfair terms in consumer contracts, substantive unfairness is often distinguished from procedural unfairness. Current consumer protection laws appear to offer the potential for relief on substantive unfairness grounds alone. However, a review of cases involving credit contracts shows this potential is rarely realised. This reluctance to provide relief for substantive injustice reflects a preoccupation with freedom and certainty of contract, the notions underpinning classical contract theories. As a class, consumers are vulnerable in the marketplace, and they do need protection from substantively unfair terms. A new framework for regulating consumer contracts is needed, one that relies less on classical contract theories and takes the reality of consumer contracting and consumer behavior as its starting point. Unfair contract terms legislation will be a step on the path towards this new framework.

The Pornography and erotica industries: A lack of research and need for a research agenda

Despite their increasing size and ease of access, the pornography and erotica industries have received scant attention from academics in the business disciplines. This paper examines what little research has been conducted and offers background material drawn from other disciplines on historical social approaches to pornography. These areas include sumptuary law and approaches to moral issues generally. The paper concludes with a suggested approach to determining a research agenda for this much neglected area.

The role of sensation seeking and need for cognition on web-site evaluations : a resource-matching perspective

The Internet theoretically enables marketers to personalize a Website to an individual consumer. This article examines optimal Website design from the perspective of personality trait theory and resource-matching theory. The influence of two traits relevant to Internet Web-site processing—sensation seeking and need for cognition— were studied in the context of resource matching and different levels of Web-site complexity. Data were collected at two points of time: personality-trait data and a laboratory experiment using constructed Web sites. Results reveal that (a) subjects prefer Web sites of a medium level of complexity, rather than high or low complexity; (b)high sensation seekers prefer complex visual designs, and low sensation seekers simple visual designs, both in Web sites of medium complexity; and (c) high need-for-cognition subjects evaluated Web sites with high verbal and low visual complexity more favourably.

Conclusion explicitness in advertising: The moderating role of need for cognition (NFC) and argument quality (AQ) on persuasion

Previous research into the use of explicit and implicit conclusions in advertising has yet to demonstrate consistent effects for both brand attitudes and purchase intentions. While research has examined the role of involvement, this study contributes by examining the trait called need for cognition (NFC), which addresses a person’s propensity to engage in effortful thinking. In addition, this study introduces argument quality (AQ) as another potential moderator of conclusion explicitness effects. In a 2 × 2 experiment of 261 subjects, conclusion explicitness (explicit conclusion, implicit conclusion) and AQ (strong, weak) are manipulated, with NFC (high NFC, low NFC) as a third measured variable. Results indicate more favorable evaluations for implicit conclusions over explicit conclusions for high-NFC individuals. Further, implicit conclusions result in more favorable brand attitudes and purchase intentions when linked with strong AQ for high-NFC individuals. The findings confirm that conclusion explicitness does not differentially affect the evaluations of low-NFC subjects. Results suggest that NFC may represent an important moderating variable for future conclusion explicitness research.

What advertisers need to know about the iYGeneration : An Australian perspective

A great challenge exists today: how to reach youth (a.k.a. the iYGeneration) who consume multiple media concurrently, who can access information on demand, and who have intertwined virtual social media networks in their lives. Our research finds that Australian youth multi-task and rarely use traditional media, although significant differences between males and females, as well as late tweens and 20-somethings, exist. Technology convergence facilitates two-way dialogue, allowing growing social interactions to occur in their technological environments. Our findings show that in order for marketing communication professionals to effectively communicate with this market, it is crucial to know exactly how the iYGeneration use media, which media they use, and when they use it.

The relationship between basic need satisfaction and emotional eating in obesity

Emotional eating has been identified as a factor that promotes the development and maintenance of obesity and hinders its treatment. This study investigated the relationship between unsatisfied basic needs and emotional eating, including the mediating factors of self-esteem and coping strategies. The results from a survey of 136 obese individuals indicated support for a significant relationship between basic need satisfaction and emotional eating, with a mediating effect of negative coping strategies. These findings extend previous research and provide guidance on how to help individuals who engage in emotional eating by focusing on developing more adaptive coping strategies.

International students using online information resources to learn

This qualitative study views international students as information-using learners, through an information literacy lens. Focusing on the experiences of 25 international students at two Australian universities, the study investigates how international students use online information resources to learn, and identifies associated information literacy learning needs. An expanded critical incident approach provided the methodological framework for the study. Building on critical incident technique, this approach integrated a variety of concepts and research strategies. The investigation centred on real-life critical incidents experienced by the international students whilst using online resources for assignment purposes. Data collection involved semi-structured interviews and an observed online resource-using task. Inductive data analysis and interpretation enabled the creation of a multifaceted word picture of international students using online resources and a set of critical findings about their information literacy learning needs. The study’s key findings reveal: • the complexity of the international students’ experience of using online information resources to learn, which involves an interplay of their interactions with online resources, their affective and reflective responses to using them, and the cultural and linguistic dimensions of their information use. • the array of strengths as well as challenges that the international students experience in their information use and learning. • an apparent information literacy imbalance between the international students’ more developed information skills and less developed critical and strategic approaches to using information • the need for enhanced information literacy education that responds to international students’ identified information literacy needs. Responding to the findings, the study proposes an inclusive informed learning approach to support reflective information use and inclusive information literacy learning in culturally diverse higher education environments.

Does the summative assessment of real world learning using criterion-referenced assessment need to be discipline specific?

This paper synthesises the existing literature on the contemporary conception of ‘real world’ and compares it with similar notions such as ‘authentic’ and ‘work integrated learning’. While the term ‘real world’ may be partly dependent on the discipline, it does not necessarily follow that the criterion-referenced assessment of ‘real world’ assessment must involve criteria and performance descriptors that are discipline specific. Two examples of summative assessment (court report and trial process exercise) from a final year core subject at the Queensland University of Technology, LWB432 Evidence, emphasise real world learning, are authentic, innovative and better prepare students for the transition into the workplace than more generic forms of assessment such as tutorial participation or oral presentations. The court report requires students to attend a criminal trial in a Queensland Court and complete a two page report on what they saw in practice compared with what they learned in the classroom. The trial process exercise is a 50 minute written closed book activity conducted in tutorials, where students plan questions that they would ask their witness in examination-in-chief, plan questions that they would ask their opponent’s witness in cross-examination, plan questions that they would ask in reexamination given what their opponent asked in cross-examination, and prepare written objections to their opponent’s questions. The trial process exercise simulates the real world, whereas the court report involves observing the real world, and both assessment items are important to the role of counsel. The design of the criterion-referenced assessment rubrics for the court report and trial process exercise is justified by the literature. Notably, the criteria and performance descriptors are not necessarily law specific and this paper highlights the parts that may be easily transferred to other disciplines.

Safety climate and relational conflict in the eyes of team members : examining the role of need for closure

This study was aimed at examining the safety climate and relational conflict within teams at the individual level. A sample of 372 respondents, divided into 50 teams, was used to test our hypothesis. It was proposed - and discovered - that team members’ individual differences in need for closure mitigated the negative relationship between perceptions of team safety climate and team relational conflict. The implications of our findings and the study’s limitations are discussed.