A review of Deeds of Company Arrangement

Deeds of company arrangement ('DOCAs') under Part 5.3A of the Corporations Act appear be something of a limited success. However, the use and outcomes of DOCAs raise legitimate questions as to whether the level of returns currently being achieved for creditors might be improved by legislative reform. The 2013 ARITA Terry Taylor Scholarship project entailed a review of a random sample of executed DOCAs effectuated between 1 August 2012 and 31 July 2013. This review was undertaken with the intention of producing a ‘snapshot’ of current trends and outcomes of the use of DOCAs in practice – ie, average (or typical) rates of dividends paid, what DOCAs customarily achieve, the profile of the companies executing DOCAs and the average duration of DOCAs. The purpose of this review was to empirically assess the use and effectiveness of DOCAs in order to inform the ongoing debate about the success or otherwise of Australia’s Part 5.3A voluntary administration regime (which recently marked its 20 year anniversary).

A sample review of Deeds of Company Arrangement under Part 5.3A of the Corporations Act

An empirical review of the operation of Part 5.3A of the Corporations Act 2001 (Cth) is timely given that Australia’s corporate rescue regime marked its 20 year anniversary in 2013. The research project culminating in this report was funded by the 2013 ARITA Terry Taylor Scholarship and entailed a review of a random sample of 72 executed DOCAs (and associated reports and returns) which were effectuated between 1 August 2012 and 31 July 2013. This sample review of DOCAs was undertaken with the intention of producing a ‘snapshot’ of current practices and trends pertaining to DOCAs – ie, average (or typical) rate of dividends paid, the outcomes or goals which DOCAs customarily achieve (eg, genuine company rescues, workouts, enhanced asset realisations or ‘quasi-liquidations’), the profile of the companies executing DOCAs and the average term/duration of DOCAs. The purpose and value of this sample review was to empirically assess the use and effectiveness of one important aspect of Part 5.3A and to further inform consideration and debate as to whether changes are warranted to Australia’s voluntary administration regime.

Industry based rehabilitation and closure knowledge management system : scoping study

The Central Queensland Mine Rehabilitation Group (CQMRG) has hosted mine site rehabilitation inspections combined with technical workshops for more than 20 years. It was recognised at CQMRG's anniversary meeting in April 2013 that the vast body of knowledge held by rehabilitation and closure planning practitioners was being lost as senior rehabilitation experts retire from the industry. It was noted that even more knowledge could be readily lost unless a knowledge management platform was developed to capture, store and enable retrieval of this information. This loss of knowledge results in a significant cost to industry. This project was therefore undertaken to review tools which have the capability to gather the less formal knowledge as well as to make links to existing resources and bibliographic material. This scoping study evaluated eight alternative knowledge management systems to provide guidance on the best method of providing the industry with an up-to-date, good practice, knowledge management system for rehabilitation and closure practices, with capability for information sharing via a portal and discussion forum. This project provides guidance for a larger project which will implement the knowledge management system to meet the requirements of the CQMRG and be transferrable to other regions if applicable. It will also provide the opportunity to identify missing links between existing tools and their application. That is, users may not be aware of how these existing tools can be used to assist with mine rehabilitation planning and implementation and the development of a new platform will help to create those linkages. The outcomes of this project are directed toward providing access to a live repository of rehabilitation practice information which is Central Queensland coal mine-specific, namely: highlighting best practice activities, results of trials and innovative practices; updated legislative requirements; links to practices elsewhere; and informal anecdotal information relevant to particular sites which may be of assistance in the development of rehabilitation of new areas. Solutions to the rehabilitation of challenging spoils/soils will also be provided. The project will also develop a process which can be applied more broadly within the mining sector to other regions and other commodities. Providing a platform for uploading information and holding discussion forums which can be managed by a regional practitioner network enables the new system to be kept alive, driven by users and information needs as they evolve over time. Similar internet-based platforms exist and are managed successfully. The preferred knowledge management system will capture the less formal and more difficult to access knowledge from rehabilitation and mine closure practitioners and stakeholders through the CQMRG and other contributors. It will also provide direct links, and greater accessibility, to more formal sources of knowledge with anticipated cost savings to the industry and improved rehabilitation practices with successful transitioning to closure and post-mining land use.

One year on : the devastating Queensland floods

"Tomorrow will mark the one year anniversary of the devastating floods that hit Queensland's Lockyer Valley and Toowoomba and starting today, we'll begin a series of interviews with survivors of those floods on the 10th of January last year. In today's program, Murphy's Creek resident Nelly Gitsham how she sent her family to safety and then ventured into the flood to try to save her neighbour's horse, only to find herself needing to be rescued by another neighbour, John Taylor." Reporter: Amanda Gearing

OHS Regulation for a Changing World of Work

This volume assesses the legacy of the Robens Report, the intellectual foundation of modern OHS law and practice in Australia and many other countries, following the Report’s 30th anniversary. The authors confront the challenges facing OHS regulators and stakeholders in a new and different world dominated by service industries and globalisation rather than manufacturing industries and protection. They explore new models of OHS regulation that take account of gaps and deficiencies in the current arrangements. The authors bring international expertise from the United Kingdom, New Zealand and Scandinavia as well as Australia. They focus on the kinds of regulatory strategies, including both OHS law and enforcement policy, that are most likely to produce good OHS outcomes in this changing world of work. Particular topics examined are: The type, mix, content and coverage of OHS standards, Systematic OHS management and the development of organisational capability, Strategies for effective worker participation and representation, Models for achieving small business compliance, Regulatory responses to changes in work organisation, Responsive enforcement and adapted inspection, and Restorative justice.

The Fitzgerald Symposium: An Introduction

This article introduces the collection of six papers that commemorate the twentieth anniversary of the tabling of the Report of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct ('the Fitzgerald Report'). The report exposed the entrenched corruption among Queensland's political and police leaders, deeply ingrained abuses of process and power, and an inept public administration. It led to the prosecution and imprisonment of key politicians and police. The Fitzgerald Report was notable not just for these direct outcomes, but also for its prescriptions for widespread and enduring reform, which came from Fitzgerald's analysis of the underlying causes of police corruption in Queensland. This article places the Fitzgerald Inquiry in its historical context, and provides a brief outline of the key provisions of the Fitzgerald Report. It concludes with a brief introduction to each of the six articles in this collection. These articles critically examine the aftermath of the Fitzgerald Report and the reforms that Fitzgerald recommended. They ask whether Fitzgerald's blueprint for accountable and ethical government was achieved - or indeed capable of being achieved - and whether it has stood the test of time.

The many meanings of live coding

The ten-year anniversary of TOPLAP presents a unique opportunity for reflection and introspection. In this essay we ask the question, what is the meaning of live coding? Our goal is not to answer this question, in absolute terms, but rather to attempt to unpack some of live coding's many meanings. Our hope is that by exploring some of the formal, embodied, and cultural meanings surrounding live-coding practice, we may help to stimulate a conversation that will resonate within the live-coding community for the next ten years

Why are we still fitting reusable soft contact lenses?

Whether the first daily disposable soft contact lens to enter the market in 1994 was the Premier lens (Award Technology, Scotland, UK; subsequently purchased by Bausch & Lomb, Rochester New York, USA) or the 1-Day Acuvue lens (Johnson and Johnson Vision Care, Jacksonville, Florida, USA) has long been a matter of bitter dispute1 but whatever the answer, this year marks the 20th anniversary of the launch of this modality of lens wear...

Insolvency specialists and government enquiries: A unique opportunity to contribute to the public good

This lecture addresses the contribution of research by insolvency specialists to the development of insolvency law and practice, in particular to the (re-)design of insolvency systems. It draws on examples from Australia of government enquiries to reform insolvency law as well as other areas of law with which it intersects. It comments on the role that insolvency specialists can play in such policy debates – not only insolvency academics but also scholarly practitioners – for the public good.