Legal Profession Act 2004 (NSW) : costs agreement between law practice and client - whether binding on non-associated third party payer

The decision in the New South Wales Supreme Court in Boyce v McIntyre [2008] NSWSC 1218 involved determination of a number of issues relating to an assessment of costs under the Legal Profession Act 2004 (NSW). The issue of broad significance was whether a non-associated third party payer must pay the fixed fee that was agreed between the law practice and the client. The court found that the client agreement did not form the basis of assessing costs for the non-associated third party payer.

Reducing alcohol-related driving on China's roads : Traffic police officers' perceptions and practice

Alcohol-related driving is a longstanding, serious problem in China (Li, Xie, Nie, & Zhang, 2012). On 1st May, 2011 a national law was introduced to criminalize drunk driving, and imposed serious penalties including jail for driving with a blood alcohol level of above 80mg/100ml. This pilot study, undertaken a year after introduction of the law, sought traffic police officers’ perceptions of drink driving and the practice of breath alcohol testing (BAT) in a large city in Guangdong Province, southern China. A questionnaire survey and semi-structured interviews were used to gain an in-depth understanding of issues relevant to alcohol-related driving. Fifty-five traffic police officers were recruited for the survey and six traffic police officers with a variety of working experience including roadside alcohol breath testing, traffic crash investigation and police resourcing were interviewed individually. The officers were recruited by the first author with the assistance of the staff from Guangdong Institute of Public Health, Centre for Disease Control and Prevention (CDC). Interview participants reported three primary reasons why people drink and drive: 1) being prepared to take the chance of not being apprehended by police; 2) the strong traditional Chinese drinking culture; and 3) insufficient public awareness about the harmfulness of drink driving. Problems associated with the process of breath alcohol testing (BAT) were described and fit broadly into two categories: resourcing and avoiding detection. It was reported that there were insufficient traffic police officers to conduct routine traffic policing, including alcohol testing. Police BAT equipment was considered sufficient for routine traffic situations but not highway traffic operations. Local media and posters are used by the Public Security Bureau which is responsible for education about safe driving but participants thought that the education campaigns are limited in scope. Participants also described detection avoidance strategies used by drivers including: changing route; ignoring a police instruction to stop; staying inside the vehicle with windows and doors locked to avoid being tested; intentionally not performing breath tests correctly; and arguing with officers. This pilot study provided important insights from traffic police in one Chinese city which suggest there may be potential unintended effects of introducing more severe penalties including a range of strategies reportedly used by drivers to avoid detection. Recommendations for future research include a larger study to confirm these findings and examine the training and education of drivers; the focus and reach of publicity; and possible resource needs to support police enforcement.

Practice and procedure - solicitor's retaining lien

The judgment of Daubney J in Magnamain Investments Pty Ltd v Baker Johnson Lawyers [2008] QSC 245 provides guidance on a number of aspects concerning the scope and maintenance of a solicitor’s retaining lien for costs.

Creating and expressing : information as-it-is-experienced

Music and dance are art forms that involve a full mind-body experience, integrating the cognitive, affective and kinesthetic domains. To engage in creating music and dance is to use information to express oneself and communicate. In this chapter I explore the information experience of two distinct groups: those who compose music for an audience, and those who dance socially with a partner. For the composer, information sources can be a stimulus for creation. Sounds, feelings, moods, images, ideas and life experiences can trigger a creative idea. These ideas are shaped by existing musical styles and structures, and by the composer’s personal aesthetic. The intention of the composer is to communicate their expressive ideas to an audience. For the social dancer, information sources are those used to communicate with a partner. There is no intention to perform for an audience. A social dancer aims to express the music and style of the dance while creating a strong connection with their partner. Information sources include the music, the partner’s body, the emotions generated by the dance, the position of other couples on the floor and the feeling of the floor. Use of information in the arts is an under-researched experience. Most information studies are based on the assumption that information is documentary and codified. Subjective and affective information is rarely recognised and legitimised. Information-as-it-is-experienced through creative practice such as music and dance is holistic in acknowledging mind, body and spirit as well as traditional documentary forms of information. This chapter draws on empirical research to illustrate experiencing information as creating and expressing.

Professional practice research : ensuring teacher development through a critical approach to professional learning

Currently the development of a national system for the ongoing enhancement of teacher professionalism across Australia is underway. The initiative led by Australian Institute of Teaching and School Leadership (AITSL) on behalf of the Ministerial Council for Education, Early Childhood Development and Youth Affairs (now SCSEEC) is progressing rapidly with a finalised set of Professional Standards for Teachers and a set of Professional Standards for Principals approved by Ministers in 2011. It is clear that there is an inextricable link between the newly proposed professional standards and the professional education of teachers and principals across Australia. Further, it is imperative that the education sector will need to work in a unified manner through ongoing consultations to ensure the standards truly reflect what teachers and principals desire of the profession, in terms of teacher preparation, professional learning and training, and professional recognition.

Barriers to formal IT Governance practice - insights from a qualitative study

IT Governance (ITG) continues to be a top priority for organizations, public and non-public. While the level of awareness towards ITG is evident, it is hardly manifested in practice. The purpose of this study is to elicit factors that act as barriers to the adoption of formal ITG practice. This qualitative study consists of 9 semi-structured interviews with the key person in charge of ITG adoption and practice within their respective organizations. The interviews were analyzed using thematic content analysis, guided by themes previously obtained from the literature and from an earlier pilot study. Findings obtained supported previous findings and also reveal new factors noticeably absent from the ITG literature. The findings will provide useful input towards the development of a causal model on barriers to formal ITG practice

Ensuring student success : establishing a community of practice for culturally and linguistically diverse preservice teachers

This paper discusses the primacy of communities of practice within learning contexts at university and during practicum for culturally and linguistically diverse preservice teachers. The study illustrates that learning occurs when there are adequate opportunities for participation and practice. Data from interviews with 28 culturally and linguistically diverse preservice teachers illustrate that tensions created by social, cultural differences impact upon modes of identification and dimensions of practice (Lave & Wenger, 1991; Wenger, 1998). The study concludes by reiterating the importance of establishing proactive communities of practice to ensure success in learning and practice for this group of preservice teachers.

Translating vision research into policy and practice to improve visibility, and hence safety, of road workers at night

This case study report describes the stages involved in the translation of research on night-time visibility into standards for the safety clothing worn by roadworkers. Vision research demonstrates that when lights are placed on the moveable joints of the body and the person moves in a dark setting, the phenomenon known as “biological motion or biomotion” occurs, enabling rapid and accurate recognition of the human form although only the lights can be seen. QUT was successful in gaining funding from the Australian Research Council for a Linkage grant due to the support of the predecessors of the Queensland Department of Transport and Main Roads (TMR) to research the biomotion effect in on-road settings using materials that feature in roadworker clothing. Although positive results were gained, the process of translating the research results into policy, practices and standards relied strongly on the supportive efforts of TMR staff engaged in the review and promulgation of national standards. The ultimate result was the incorporation of biomotion marking into AS/NZS 4602.1 2011. The experiences gained in this case provide insights into the processes involved in translating research into practice.

Good practice for safeguarding student learning engagement in higher education institutions : Final Report 2012

The project 'Good practice for safeguarding student learning engagement in higher education institutions' commenced in late 2010 as a Competitive Grant with funding provided by the Australian Learning and Teaching Council. The project is now overseen by the Office for Learning and Teaching within the Australian Department of Industry, Innovation, Science, Research and Tertiary Education. The project was completed in December 2012. The project was lead by QUT and comprised of the project team: Professor Karen Nelson, (project leader), Ms Tracy Creagh, (project manager) and Adjunct Professor John Clarke. Commencing in late 2010 the project invited a total of eight institutions across Australia and New Zealand (including QUT) who had either: existing programs and activities that monitored student learning engagement (MSLE); were in the early stages of implementing MSLE programs, or; who were piloting MSLE activities. As well, the project involved an advisory group and project evaluator comprising of academic and professional staff across two additional universities.

Towards the development of a best practice index for the disclosure of organisations' climate change-related corporate governance practices

The aim of this study is to develop a disclosure guide for climate-change-related corporate governance (CCCG) practices. Drawing from existing climate change policy guidelines together with content analysis of leading Australian companies’ disclosure practices, we develop a best practice index for the disclosure of CCCG practises. The best practice index is further informed, validated and refined by the contribution of experts from a range of stakeholder groups. Our index represents the most comprehensive list generated to date, utilising experts’ opinions, in relation to CCCG disclosure practices. This CCCG disclosure index would be useful for companies seeking to provide information in relation their CCCG practices

Sociocultural animation

The emergence of global computer networks and the ubiquitous availability of advanced information and communication technology (ICT) since the mid Nineties has given rise to the hope that the traditional disadvantages faced by regional economies and regional communities could be elevated easily and swiftly. Yet, the experience of both community informatics and community development researchers and practitioners tells a different tale. Although the potential of ICT is in fact realised in some situations and locations and does provide means to ensure sustainability in some regional communities, elsewhere it has not been taken up or has not been able to elicit change for the promised better. Too many communities are still faced by a centralised structure in the context of commerce, service provision or governance and by various degrees of digital divides between connected and disconnected, between media literate and illiterate, between young and old, and between urban and rural. Many attempts to close or bridge the digital divide have been reported with various degrees of success (cf. Menou, 2001; Servon, 2002). Most of these accounts echo a common voice in that they report similar principles of action, and they reflect – in most cases unconsciously – practices of sociocultural animation. This article seeks to shed light onto the concept of sociocultural animation which is already commonplace in various forms in the arts, in education and professional development, youth work, sports, town planning, careers services, entrepreneurship and tourism. It starts by exploring the origins of sociocultural animation and draws parallels to the current state of research and practice. It unpacks the foundation of sociocultural animation and briefly describes underlying principles and how they can be applied in the context of community informatics and developing regional communities with ICT. Finally, further areas of investigation are being proposed.

Supermassive

“Supermassive” is a synchronised four-channel video installation with sound. Each video channel shows a different camera view of an animated three-dimensional scene, which visually references galactic or astral imagery. This scene is comprised of forty-four separate clusters of slowly orbiting white text. Each cluster refers to a different topic that has been sourced online. The topics are diverse with recurring subjects relating to spirituality, science, popular culture, food and experiences of contemporary urban life. The slow movements of the text and camera views are reinforced through a rhythmic, contemplative soundtrack. As an immersive installation, “Supermassive” operates somewhere between a meditational mind map and a representation of a contemporary data stream. “Supermassive” contributes to studies in the field of contemporary art. It is particularly concerned with the ways that graphic representations of language can operate in the exploration of contemporary lived experiences, whether actual or virtual. Artists such as Ed Ruscha and Christopher Wool have long explored the emotive and psychological potentials of graphic text. Other artists such as Doug Aitken and Pipilotti Rist have engaged with the physical and spatial potentials of audio-visual installations to create emotive and symbolic experiences for their audiences. Using a practice-led research methodology, “Supermassive” extends these creative inquiries. By creating a reflective atmosphere in which divergent textual subjects are pictured together, the work explores not only how we navigate information, but also how such navigations inform understandings of our physical and psychological realities. “Supermassive” has been exhibited internationally at LA Louver Gallery, Venice, California in 2013 and nationally with GBK as part of Art Month Sydney, also in 2013. It has been critically reviewed in The Los Angeles Times.

Tranquility falls

“Tranquility Falls” depicts a computer-generated waterfall set to sentimental stock music. As the water gushes, text borrowed from a popular talk show host’s self-help advice fade in and out graphically down the screen. As the animated phrases increase in tempo, the sounds of the waterfall begin to overwhelm the tender music. By creating overtly fabricated sensations of inspiration and awe, the work questions how and where we experience contemplation, wonderment and guidance in a contemporary context. “Tranquility Falls” contributes to studies in the field of contemporary art. It is particularly concerned with representations of spirituality and nature. These have been important themes in art practice for some time. For example, artists such as Olafur Eliasson and James Turrell have created artificial insertions in nature in order to question contemporary experiences of the natural environment. Other artists such as Nam Jun Paik have more directly addressed the changing relationship between spirituality and popular culture. Using a practice-led research methodology, “Tranquility Falls” extends these creative inquiries. By presenting an overtly synthetic but strangely evocative pun on a ‘fountain of knowledge’, it questions whether we are informed less by traditional engagements with organised religions and natural wonder, and instead, increasingly reliant on the mechanisms of popular culture for moments of insight and reflection. “Tranquility Falls” has been exhibited internationally at LA Louver Gallery, Venice, California in 2013 and nationally with GBK as part of Art Month Sydney, also in 2013. It has been critically reviewed in The Los Angeles Times.

Intellectual Property and Development : Theory and Practice

The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).