Demanding a change : time to act on statutory demands

The statutory demand procedure has been a part of our corporate law from its earliest modern formulations and it has been suggested, albeit anecdotally, that under the current regime, it gives rise to more litigation than any other part of the Corporations Act. Despite this there has been a lack of consideration of the underlying policy behind the procedure in both the case law and literature; both of which are largely centred on the technical aspects of the process. The purpose of this article is to examine briefly the process of the statutory demand in the context of the current insolvency law in Australia. This paper argues that robust analysis of the statutory demand regime is overdue. The paper first sets out to discover if there is a policy justification for the process and to articulate what that may be. Second, it will briefly examine the current legislation and argue that the structure actually encourages litigation which is arguably undesirable in the context of insolvency. In particular we will ask if the current rigid legal regime is appropriate for dealing efficiently with the highly charged atmosphere of contested insolvency. Third, it will examine suggested reforms in this area as to whether they might be a way forward.

Vulnerabilities in the courtroom

Book summary: In a constantly evolving context of performance management, accountability and risk assessment, police organisations and frontline police officers are required to pay careful attention to what has come to be known as ‘at risk people’, ‘vulnerable populations’ or ‘vulnerable people’. Vulnerable people have become a key focus of policy. Concurrently, there have been stronger demands on police, and a steep increase in police powers in relation to their interaction with vulnerable people. The premise of this protectionist and interventionist agenda is threefold: to protect the rights of vulnerable individuals proactively cater for their vulnerability within the justice system; and to secure police operations and protocols within strict guidelines. This collection unpacks ‘vulnerable people policing’ in theory and practice and guides the reader through the policing process as it is experienced by police officers, victims, offenders, witnesses and justice stakeholders. Each chapter features a single step of the policing process: from police recruit education through to custody, and the final transfer of vulnerable people to courts and sentencing. This edited collection provides analytical, theoretical and empirical insights on vulnerable people policing, and reflects on critical issues in a domain that is increasingly subject to speedy conversion from policy to practice, and heightened media and political scrutiny. It breaks down policing practices, operations and procedures that have vulnerable populations as a focus, bringing together original and innovative academic research and literature, practitioner experience and discussion of policy implications (from local and international perspectives). The particular nature of this collection highlights the multi-disciplinary nature of police work, sheds light on how specific, mandatory policies guide police officers steps in their interaction with vulnerable populations, and discusses the practicalities of police decision making at key points in this process.

Numerical modelling of load bearing LSF Walls under fire conditions

Abstract. Fire safety of light gauge cold-formed steel frame (LSF) stud walls is significant in the design of buildings. In this research, finite element thermal models of both the traditional LSF wall panels with cavity insulation and the new LSF composite wall panels were developed to simulate their thermal behaviour under standard and real design fire conditions. Suitable thermal properties were proposed for plasterboards and insulations based on laboratory tests and literature review. The developed models were then validated by comparing their results with available fire test results. This paper presents the details of the developed finite element models of load bearing LSF wall panels and the thermal analysis results. It shows that finite element models can be used to simulate the thermal behaviour of load bearing LSF walls with varying configurations of insulations and plasterboards. Failure times of load bearing LSF walls were also predicted based on the results from finite element thermal analyses.

Changing practices

The paper suggests new approaches to the teaching of literature by introducing poststructuralist concepts that challenge traditional reader response approaches to engaging with texts. It compares the responses of two groups of student readers, a graduate class preparing to become teachers of English and a secondary English class, and concludes that readers produce readings not only from the words on the page but from a range of cultural and historical positions already available to them. The paper explores concepts such as textual ‘gaps and silences’ and ‘intertextuality’ through examples of activities that have been designed for use with students of English and literature.

Jabberwocky : the complexities of mathematical English

Mathematical English is a unique language based on ordinary English, with the addition of highly stylised formal symbol systems. Some words have a redefined status. Mathematical English has its own lexicon, syntax, semantics and literature. It is more difficult to understand than ordinary English. Ability in basic interpersonal communication does not necessarily result in proficiency in the use of mathematical English. The complex nature of mathematical English may impact upon the ability of students to succeed in mathematical and numeracy assessment. This article presents a review of the literature about the complexities of mathematical English. It includes examples of more than fifty language features that have been shown to add to the challenge of interpreting mathematical texts. Awareness of the complexities of mathematical English is an essential skill needed by mathematics teachers when teaching and when designing assessment tasks.

Literacy for a sustainable world

This chapter describes the ways in which primary school teachers design curriculum to develop children's knowledge about sustainability. Such a curriculum is highly engaging and provides enhanced motivation for children to engage with complex reading and writing as they attempt to represent what they have learned and communicate this to the wider community. The chapter introduces key terms including place-based pedagogy, sustainability and critical literacy and shows how these ideas can be brought together in classrooms.

Numerical studies of load bearing LSF walls under realistic design fire conditions

Fire safety of light gauge steel frame (LSF) stud walls is important in the design of buildings. Currently LSF walls are increasingly used in the building industry, and are usually made of cold-formed and thin-walled steel studs that are fire-protected by two layers of plasterboard on both sides. Many experimental and numerical studies have been undertaken to investigate the fire performance of load bearing LSF walls under standard fire conditions. However, the standard time-temperature curve does not represent the fire load present in typical residential and commercial buildings that include considerable amount of thermoplastic materials. Real building fires are unlikely to follow a standard time-temperature curve. However, only limited research has been undertaken to investigate the fire performance of load bearing LSF walls under realistic design fire conditions. Therefore in this research, finite element thermal models of the traditional LSF wall panels without cavity insulation and the new LSF composite wall panels were developed to simulate their fire performance under recently developed realistic design fire curves. Suitable thermal properties were proposed for plasterboards and insulations based on laboratory tests and literature review. The developed models were then validated by comparing their thermal performance results with available results from realistic design fire tests, and were later used in parametric studies. This paper presents the details of the developed finite element thermal models of load bearing LSF wall panels under realistic design fire time-temperature curves and the re-sults. It shows that finite element thermal models can be used to predict the fire performance of load bearing LSF walls with varying configurations of insulations and plasterboards under realistic design fires. Failure times of load bearing LSF walls were also predicted based on the results from finite element thermal analyses.

Critical attributes of public-private partnerships : a case study in vocational education

The term ‘partnership’ is increasingly used by governments, industry, community organisations and schools in supporting their daily businesses. Similar to the terms ‘ICT’ and ‘learning’, ‘partnerships’ are now ubiquitous in policy discourse. Yet, the term remains ill-defined and ambiguous. This study reviews and reflects on a government led industry-school partnership initiative in the state of Queensland, Australia, to understand how the term is used in this initiative. Given the frequent use of Public Private Partnership (PPP) language, PPP was used as a framework to review this initiative. The methodology of this qualitative case study involved consultations with stakeholders and an analysis of Gateway schools documents, policy documents, and literature. The review suggests that despite the use of terminology akin to PPP projects in Gateway school and policy documents, the implicit suggestion that this initiative is a public-private partnership is untenable. The majority of principles shaping a PPP have not been considered to a significant extent in the Gateway project. Although the review recognises the legitimate and sincere purpose of the Gateway schools initiative, the adoption of a PPP framework during the design, monitoring, or evaluation stages could have strengthened the initiative in terms of outcomes, benefits, and sustainability.

Exploring representations of Asian identities in films for the Australian Curriculum

In this paper we focus on one facet of Asia literacy and examine the potential of intercultural understanding through two films about Asians in Australia, as the basis for exploring Asia and Australia’s engagement with Asia 'inside' and not through the more accepted mode of 'outside' the nation. In doing so we foreground how teachers’ critical and imaginative curriculum work can realise some of the promises of the framing document for the current national curriculum project, the Melbourne Declaration (MCEECDYA, 2008). In particular, we focus on opportunities for young people to develop an Asia-related cultural literacy that goes beyond instrumental notions of engagement with Asia and explore the evolving nature of contemporary Australian society; a society that continues to develop in response to regional flows and interactions with people and cultures. To this end we engage with the notion of “diasporic hybridity” as a dynamic cultural space through selected films and literature, about Asia in Australia, in particular, Bondi Tsunami (Lucas, 2004) and Footy Legends (Do, 2006) and selected prose works. Our paper introduces the policy background of the Australian Curriculum and suggests multimodal, English classroom applications for the films and literature under study.

Re-strengthening 20th century architectural heritage : A case study of Brisbane City Hall restoration

Restoring old buildings to conform the current building policies and standards is a great challenge to engineers and architects. The restoration of the Brisbane City Hall, a heritage building listed by the State of Queensland in Australia, developed an innovative approach to upgrade the building using the method called ‘concrete overlay’ following the guidelines of both the International Council on Monuments and Sites and the Burra Charter of Australia. Concrete overlay is a new method of structural strengthening by drilling new reinforcement and placing new concrete on top of the existing structure, akin to a bone transplant or bone grafting in the case of a human being. This method is popularly used for newer bridges which have suffered load stresses. However, this method had never been used on any heritage buildings which were built on different conditions and standards. The compatibility of this method is currently being monitored. Most of the modern historic buildings are rapidly deteriorating and require immediate interventions in order to be saved. As most of these heritage buildings are on the stage of advanced deterioration, significant attempts are being made and several innovations are being applied to upgrade these structures to conform with the current building requirements. To date, the knowledge and literature in regarding ‘concrete cancer’ in relation to rehabilitating these reinforced concrete heritage structures is significantly lacking. It is hoped that the method of concrete overlay and the case study of Brisbane City Hall restoration will contribute to the development of restoration techniques and policies for Modern Heritage Buildings.

Reading : From Turning the Page to Touching the Screen

This chapter considers the ways in which contemporary children’s literature depicts reading in changing times, with a particular eye on the cultural definitions of ‘reading’ being offered to young people in the age of the tablet computer. A number of picture books, in codex and app form, speak to changing times for reading by their emphasis on the value of books and reading as technologies of literature and of the self. Attending to valuations of literacy and literature within children’s texts provides insight into anxieties about books in the electronic age.

Demanding a change : time to act on statutory demands

The statutory demand procedure has been a part of our corporate law from its earliest modern formulations and it has been suggested, albeit anecdotally, that under the current regime, it gives rise to more litigation than any other part of the Corporations Act. Despite this there has been a lack of consideration of the underlying policy behind the procedure in both the case law and literature; both of which are largely centred on the technical aspects of the process. The purpose of this article is to examine briefly the process of the statutory demand in the context of the current insolvency law in Australia.

It started with a KISS

This is the essay prepared for the exhibition titled 'Hot Chocolate' held at the SASA Gallery, Adelaide, South Australia, 24 October - 29 November, 2012. Below are the words that start the essay and which provide a glimpse of the artworks in the exhibition. By agreeing to work together in this exhibition, the artists in Hot Chocolate delivered across an eclectic assortment of academic enquiry: • the politics of identity • the politics of desire • fetishisation of racial and othered bodies • origin and place • the politics of skin • events, moments, and ephemerality • need We too, talked, laughed, cried and worked through these issues in relation to the artworks submitted, including Pamela’s work, and to the theory and literature we have read and utilised in our words with each other and communities. We begin this piece by reflecting on the writings of bell hooks, whose words kissed us awake and stirred us at the start of our respective formal research journeys. We align her words with some of our activism, advocacy, academic and community work. We will weave the magical lyrics from the 1970s iconic band Hot Chocolate throughout this essay.

Director competencies for effective enterprise technology governance

In relation to enterprise technology governance (ETG), opinions differ between there being no need for board of director involvement to there being an urgent need for such involvement. This research highlights the need for boards to provide ETG oversight of technology-related strategy, investment and risk, and to be competent in doing so. We identify a large gap between board’s awareness of the importance of ETG, their taking action and the competency requirements for effective ETG. Further, while there is considerable research and literature about operational IT governance frameworks and operational IT competencies, there is no known research into the specific competencies boards of directors need to effectively govern enterprise technology. This research focuses on and develops a board-level ETG competency set using a mixed methods approach within a recognised competency development framework. Further development is tracked using a rigour scale to demonstrate a medium to high level of competency validity for the derived set. This research contributes to practice by providing the first known industry validated ETG competency set situated within new and emerging technology. It contributes to the body of knowledge in the modification and application of competency development and competency validation frameworks not previously applied to the role of board director.

The Australian beachspace : flagging the spaces of Australian beach texts

The Australian beach is a significant component of the Australian culture and a way of life. The Australian Beachspace explores existing research about the Australian beach from a cultural and Australian studies perspective. Initially, the beach in Australian studies has been established within a binary opposition. Fiske, Hodge, and Turner (1987) pioneered the concept of the beach as a mythic space, simultaneously beautiful but abstract. In comparison, Meaghan Morris (1998) suggested that the beach was in fact an ordinary or everyday space. The research intervenes in previous discussions, suggesting that the Australian beach needs to be explored in spatial terms as well as cultural ones. The thesis suggests the beach is more than these previously established binaries and uses Soja's theory of Thirdspace (1996) to posit the term beachspace as a way of describing this complex site. The beachspace is a lived space that encompasses both the mythic and ordinary and more. A variety of texts have been explored in this work, both film and literature. The thesis examines textual representations of the Australian beach using Soja's Thirdspace as a frame to reveal the complexities of the Australian beach through five thematic chapters. Some of the texts discussed include works by Tim Winton's Breath (2008) and Land's Edge (1993), Robert Drewe's short story collections The Bodysurfers (1987) and The Rip (2008), and films such as Newcastle (dir. Dan Castle 2008) and Blackrock (dir. Steve Vidler 1997). Ultimately The Australian Beachspace illustrates that the multiple meanings of the beach's representations are complex and yet frequently fail to capture the layered reality of the Australian beach. The Australian beach is best described as a beachspace, a complex space that allows for the mythic and/or/both ordinary at once.