Compensation for logdment of caveat without reasonable cause

This article examines s130 of the Land Title Act 1994 (Qld) in detail, and includes an analysis of authorities which have interpreted comparable provisions in other Australian jurisdictions and in New Zealand. Its purpose is to provide a comprehensive guide as to the circumstances in which the court may now be expected to award compensation in respect of the lodgment or continuance of a caveat in Queensland. Finally, the author considers whether the changes which have been embodied in s130 may now be regarded as providing adequate protection for persons who suffer damage as a result of the lodgment or continuance of a caveat which cannot ultimately be sustained.

Altered copy

In 2008, Jenny Roche commissioned Jodi Melnick to make the solo Business of the Bloom on her. Four years later, Roche re-enters this piece and draws on their many years of working together to inhabits its ideas and impulses from a new perspective. In this new 'altered copy', Roche refers to this previous work; embellishing, redirecting and abstracting moments. By reinterpreting both her earlier self and footage of Melnick dancing a reworked version of the solo in performance, Roche connects with the polyvalent nature of both interpretation and memory. This reworked version outlines the relationship that dancers have to movement traces that circulate after a dancing event. Suzanne Ravn (2009) found that dancers experienced the reapperance of movement traces from previous works when moving. Martin Nachbar (2012) writing from his first-person perspective as a dancer, describes the dancer who discerns between the past of movement that is remembered and the current moment of its performance. He outlines how past and present movement experiences cohabitate in the embodied present. Timmy de Laet (2012) identifies the emerging trait of re-enactment in contemporary dance, in which contemporary artists such as Nachbar dialogue with past choreographies to comment on the various mnemonic dimensions of dance. De Laet (2012) explains that the function of these works are not to preserve the past choreographies as might be achieved through reconstruction but to contemplate creatively issues of ephemerality and preservation of dance. Altered copy addresses this dialogue between the past and present body.

Material traces : reflecting on dance performance and the archive

How dance history should be conserved, like any other human event is problematical. This article refers to the dancer’s embodied repertoire of movement and questions how it might connect with the archive, so that the recording of dance work is not taken as fully representative of the work itself. I propose opening out the multi-dimensional configuring that is part of the creation of a dance piece in order to flesh out the bones of the archive. This could be done through engaging with the choreographer and the performers (who are often co-creators of the work) to draw a range of insights and perspectives together.

Boundary swaying

This practice-led research is positioned within my ongoing enquiry into the dancer’s experience and role within the creative process. Gins and Arakawa (1997) and Keane (2007) speak to the unsatisfactory reliance on discipline boundaries, to describe the dynamic lived-experience of interaction. This theorising is of application to this project, which examines creative agency through the lens of Arakawa and Gins’ language prompt, boundary-swaying. In this project the boundaries of movement creator, performer and director overlap and blur through the use of improvisation and multiple cameras. All contributors are invested creatively and compositionally in the ensuing dynamic collaboration, wearing many hats, ‘conceiver, creative thinker, teacher and learner’ (McKechnie 2005, 93; Stevens & McKechnie 2005, 250). This project asked the question, how can the work of Arakawa and Gins to agitate, disrupt, and transform the modus operandi of creative practice between choreographer and practice, dancer and practice and choreographer and dancer? The use of Arakawa and Gins’ philosophy and language prompts within this project stimulated and positively influenced the established creative relationship of researcher and choreographer/artist in the following ways: • Foregrounded the dancers tacit knowledge, first-hand experience, know-how and embodied savviness; • Promoted artistic collaboration, illuminating new creative possibilities, choices and innovation; • Facilitated the distribution of creative authority and agency. This creative work was presented as part of the AG3 ONLINE: the Third International Arakawa and Gins - Architecture and Philosophy Conference. The work was vetted for inclusion by an international panel of examiners.

Experience has no shadow

This research is situated in the field of practice-led research investigating embodied perspectives on the performance of dance making. In the stock of choreographic literature, the celebrated ‘creativity’ label is associated predominantly with the choreographer and is discussed in terms of product rather than process (Lussier-Ley and Durand-Bush 2009; Hennessey 2003). A reliance on the mystery of inspiration or choreographic genius (Penty 1998) for the production of ‘great’ dance works does not acknowledge the complex and timely process common in the creation of dance (Mace and Ward 2002) nor provide a true representation of the creative contributors (Farrer 2014). The failure to attribute creative impulses and skills to dancers is reminiscent of a time when they were thought of only as instruments in the creative process not active participants and collaborators (Jowitt 2001a; H’Doubler 1957). This project asked the question, to what end do dancers contribute to choreography and how is this contribution valued and recognised? Dancers are integral to the creative process. The research found that the scope of a dancers’ creative involvement in the development of a new work is dependent on: the individual choreographers approach to creating movement; the relationship between dancer and choreographer, and dancer and fellow company members; and the dancers collaborative skills and interpretive skills, versatility, and initiative. Recognition and attribution of dancers’ creative input is dependent on a choreographer’s viewpoint, generosity, and prior creative experiences. The work was created as a part of the Ausdance Queensland 2010 Bell Tower III Choreographic Residency program. Applicants were peer reviewed and vetted by a panel of local and national dance producers. The creative work was presented at the Judith Wright Centre for Live Arts. The project was funded by Ausdance Queensland and Arts Queensland. https://es-es.facebook.com/events/106661226023025/?hc_location=stream

Reciprocal habituation : a study of older people and the Kinect

We explore relationships between habits and technology interaction by reporting on older people's experience of the Kinect for Xbox. We contribute to theoretical and empirical understandings of habits in the use of technology to inform understanding of the habitual qualities of our interactions with computing technologies, particularly systems exploiting natural user interfaces. We situate ideas of habit in relation to user experience and usefulness in interaction design, and draw on critical approaches to the concept of habit from cultural theory to understand the embedded, embodied, and situated contexts in our interactions with technologies. We argue that understanding technology habits as a process of reciprocal habituation in which people and technologies adapt to each other over time through design, adoption, and appropriation offers opportunities for research on user experience and interaction design within human-computer interaction, especially as newer gestural and motion control interfaces promise to reshape the ways in which we interact with computers.

Exploring Bodies in Time and Space

While the body, time and space are fundamental to human experience, comparatively little attention has been given to the connections between them. Here scholars from a wide range of disciplines explore important themes of embodied life in time and space across cultures, activities and bodymind states. Motivated by a common desire to deepen and extend our comprehension of these phenomena and the connections and conversations between them, this book emerged from intense inter-disciplinary dialogue during the 1st Global Conferences on Time, Space and the Body and Body Horror. A plenitude of theoretical approaches and media are deployed to investigate assumptions and pose problems, to creatively deconstruct and reconstruct the terms through which experience is rendered meaningful, pleasurable, and functional. These investigations, pursued through various research methods in fields of the arts, social and psychological sciences and humanities, invite readers into a genuinely pluralistic conversation around the most basic and profound aspects of being.

A business perspective of legacy systems

Abstract Legacy information systems evolved incrementally in response to changes in business strategy and information technology. Organizations are now being forced to change much more radically and quickly than previously and this change places new demands on information systems. Legacy information systems are usually considered from a technical perspective, addressing issues such as age, complexity, maintainability, design and technology. We wish to demonstrate that the business dimension to legacy information systems, represented by the organisation structure, business processes and procedures that are bound up in the design and operation of the existing IT systems, is also significant. This paper identifies the important role of legacy information systems in the formation of new strategies. We show that the move away from a stable to an unstable business environment accelerates the rate of change. Furthermore, the gap between what the legacy information systems can deliver and the strategic vision of the organization widens when the legacy information systems are unable to adapt to meet the new requirements. An analysis of fifteen case studies provides evidence that legacy information systems include business and technical dimensions and that the systems can present problems when there is a misalignment between the strategic vision of the business, the IT legacy and the old business model embodied in the legacy.

Secondary sources

Secondary Sources, a Dublin Dance Festival 2010 commission, by choreographer Liz Roche that brings together renowned collaborators and performers from the US, Australia, New Zealand, UK, Spain and Ireland. Liz Roche creates a tapestry of movements that reflect on the performers' embodied connections between primary and secondary sources of inspiration, exploring the influences that we carry in our bodies that come from other people, places and events. The work began nearly two years ago in New York as a quartet made during a residency at Movement Research NY and has been developing ever since through an on-going process between Liz Roche and an exceptional group of dancers/collaborators who are joined in performance by musician/composers Justin Carroll and Edward RosenBerg with lighting by Nick McCall and costumes by Jeni Roddy."

The value of storytelling

Considering the embodied carbon in existing buildings where expenditure has already occurred, the retrofitting of existing buildings presents a significant opportunity to reduce the carbon footprint of our built environment. In Australia there is also a renewed awareness of the importance of our cultural heritage and the adaptive reuse of our historic buildings is increasingly discussed as a preservation strategy. The ‘design’ phase in building projects is credited with providing “an unparalleled window of opportunity to address environmental objectives” and fostering sustainable development, with up to 80% of overall environmental impacts determined by the decisions made at this stage. Both design and built environment professionals appreciate that a holistic and ‘whole systems’ approach is key in enabling transformation. The design process often comprises of many divergent and convergent activities, many of which seek to understand the people and context. The design process for heritage building adaptive reuse projects revolves around producing or referring to a conservation management plan that articulates what is and isn't heritage fabric. In an Australian context, and according to literature and the emerging results of a series of semi-structured interviews undertaken with designers of such projects, the key themes integral to success are: business case, vision, communication & collaboration, values, and storytelling.

“My hands are plunged in oranges”…: an experiential account of a working process

This presentation incorporated the live performance throughout, by the author, of movement from “The All Weather Project” by Liz Roche. Movement sections are indicated by italics. “I am going to start by dancing for you… Movement: Live performance of solo approximately 10 minutes in duration This is the introduction... Through my PhD research, I am examining the choreographic process from the perspective of the independent contemporary dancer, through embodying this role as a researcher/participant. My methodological frameworks, which utilise video documentation and journal writing, could be characterised as ethnographic, multi-modal embodied theorising, leading to “multi-dimensional theorising” (I adopt this term from Susan Melrose). In this way, I am unwinding the embodied practice of dancing, through the co-existent layers of experience, towards forming a theoretical understanding of the issues that arise for the dancer. The issues that I have identified as relevant to my research are those relating to the dancer’s ‘moving identity’ or way of moving, as a mutable and adaptable form that must alter and re-adjust to each different choreographic engram or movement vocabulary, that she/he encounters. I am examining this interplay between stability and change. I also reflect on the impact of destabilisation and flux on the dancer’s identity in a wider sense, as she/he relates outwardly to signifying factors within the social strata. Today I am going to bring you through a reflection on the working process of a dance piece as experienced from the inside. By doing so, I hope to capture and elucidate the multi-dimensional layers which existed for me within this process. Through displaying these fragments together, I endeavour to invoke the ‘totality’ of the experience...

The Dancer as Reflective Practitioner

The inextricably intimate relationships connecting the dancer, the dance and the self indicate that the practice of dance is inherently a reflective practice of feedback looping. Professional dancers are aware of this in continuing self-critical analyses and reflections for self-improvement, striving for the ever-elusive perfection in performance. The reflective nature of learning dance is, however, less apparent to the student of dance due to the traditional master/apprentice approach to dance training. By making explicit the essentially reflective sequence of processes through which the self becomes the dancer of the dance, the locus of control is shifted towards the dance student, thereby increasing the sense of autonomy and intrinsic motivation for exploration, discovery and improvement of her or his own practice. This study documents the implementation of the 4Rs approach to reflective practice in a university dance training context. Data include reflective observations of dance lessons, and teacher and student reflections on the reflective approach taken in these lessons. Insider and outsider perspectives from students, the dance teacher and external researchers are taken to provide a nuanced understanding of the value of corporeal, visual and verbal reflection in dance for improved performance.

A glossary of bodily responses

A collaborative video with Avril Huddy where two viewpoints, performer and documenter, were presented simultaneously to investigate Arakawa and Gin’s notion of “boundary-swaying”. In this performance-work, the performer influences what the camera is able to capture by engaging the documenter in a form of improvised dance. The performer’s movements appear impulsive and unpredictable, testing ways for the documenter to frame the performer’s movement. The images revealed by the documenter’s camera reflect a complexity of moments and co-incidences, evoking a sense of the performer’s embodied thinking within improvised movement. While a second camera uses a conventional wide angle shot to document the unfolding of the performance-work and track the connection between the documenter and the performer. While the performance-work itself is still highly-experimental, the ideas underpinning this exploration suggest how future investigations integrating more sensitive technology such as motion capture and tracking devises may be investigated. This performance-work formed part of the Creative Response Exhibition curated by Alan Prohm, Bill Lavender and Jason Nelson and a peer-review committee as part of the proceedings of the AG3 Online: Third International Arakawa and Gins Architecture and Philosophy Conference, hosted by the Centre for Public Culture and Ideas at Griffith University.

On resilience and acceptance in the transition to palliative care at the end of life

Specialist palliative care is a prominent and expanding site of health service delivery, providing highly specialised care to people at the end of life. Its focus on the delivery of specialised life-enhancing care stands in contrast to biomedicine's general tendency towards life-prolonging intervention. This philosophical departure from curative or life-prolonging care means that transitioning patients can be problematic, with recent work suggesting a wide range of potential emotional, communication and relational difficulties for patients, families and health professionals. Yet, we know little about terminally ill patients' lived experiences of this complex transition. Here, through interviews with 40 inpatients in the last few weeks of life, we explore their embodied and relational experiences of the transition to inpatient care, including their accounts of an ethic of resilience in pre-palliative care and an ethic of acceptance as they move towards specialist palliative care. Exploring the relationship between resilience and acceptance reveals the opportunities, as well as the limitations, embedded in the normative constructs that inflect individual experience of this transition. This highlights a contradictory dynamic whereby participants' experiences were characterised by talk of initiating change, while also acquiescing to the terminal progression of their illness.

Work health and safety and the criminal law in Australia

This paper analyses recent Australian debates about the use of the criminal law in work health and safety regulation. It argues that these debates have to be seen in the context of the historical development of work health and safety regulation in the United Kingdom and Australia. The first part of the paper shows that, since the late 19th century, contraventions against the Australian work health and safety statutes have not been regarded as 'really criminal', and have largely been addressed by informal measures and, since the 1980s, by administrative sanctions. When prosecutions have taken place, work health and safety issues have been individualised and decontextualised, so that defendants have been able to reduce their culpability in the eyes of the court. Significant legal barriers have undermined the use of the crime of gross negligence manslaughter against corporations and individuals. The second part of the paper analyses recent debates about restructuring gross negligence manslaughter and bolstering the 'criminality' of offences under the work health and safety statutes. It argues that the latter debate has been constrained by the historical forces examined in the first part of the paper, and that the current position, embodied in the recently harmonised Work Health and Safety Acts, favours attempting to recriminalise the work health and safety legislation. The debate about reforming gross negligence manslaughter has stalled.