Lifting the joint venture veil : liability of related entities for misleading conduct of agents engaged by joint venture partners

At common law, a corporation may be liable vicariously for the conduct of its appointed agents, employees or directors. This generally requires the agent or employee to be acting in the course of his or her agency or employment and, in the case of representations, to have actual or implied authority to make the representations. The circumstances in which a corporation may be liable for the conduct of its agents, employees or directors is broadened under the Australian Consumer Law (ACL) to where one of these parties engages in conduct “on behalf of” the corporation. As the decision in Bennett v Elysium Noosa Pty Ltd (in liq) demonstrates, this may extend to liability for the misleading conduct of a salesperson for the joint venture to parties who are not formal members of the joint venture, but where the joint venture activities are within the course of the entity’s “business, affairs or activities”.

Nearness and revealing : The edible veil of the sensible being.

Taking cues from the fragility and grace enfolded within Asian cuisine, this paper explores recent experimentation of an edible rice paper veil. The veil fashions a 'secondary skin', what Jeffery Schnapp the author of 'The Fabric of Modern Times', calls an "object for prosthetic shelf extension...bearing a uniquely intimate and direct relation to the human body" (Schnapp, 1997:197). The process reveals a layered material mutable to moisture and humidity, changing its elastic state in relation to body and surroundings. The moving, breathing, sweating surface of the body further modifies both veil and bodily experience drawing forth deeper emotional responses. The implications here offer a reciprocal affect, a revealing, where new materiality evokes the threshold to a new sensible being, one aware of the depth of material consciousness and inter-corporeal engagement, and which extends the relations between thinking and being of Heidegger and Shklovsky's seminal works.

Structuring and restructuring nonprofit associations

In the mid seventies there was a spate of legal claims involving unincorporated not-for-profit associations. These claims highlighted the liability exposure of management committee members and prompted a dramatic increase in the number of associations seeking shelter behind the corporate veil. Corporate structure decisions during this period were primarily motivated by the incentive of limited liability. Twenty years later, the not-for-profit sector is subject to new challenges. The Industry Commission Report into Charitable Organisations in Australia heralds an increasing intrusion of legislative responsibilities and reform in the sector. The traditional sources of funds for not-for-profit organisations are about to radically change with the advent of “competitive tendering” for government funding and the declining benevolence of society. The legal scuffle between Australian Rugby Football League Limited (the “ARL”) and News Limited has also exposed the vulnerability of not-for-profit groups and the many legal and commercial minefields in structural decision-making. The sector is beginning to respond to these pressures by rationalisation and restructure. Corporate structure decisions are now motivated by the need to promote efficiency and resilience. Survival of the fittest. Restructuring is by no means a task for the faint-hearted. A delicate balance between legality and practicality needs to be maintained. The focus of this paper is on the restructuring choices for not-for-profit organisations and groups in Queensland. It answers “how-to” questions and identifies some important restructuring issues.

Hidden Innovation : Policy, Industry and the Creative Sector

The latest book in the internationally acclaimed Creative Economy series. The term ‘two cultures’ was coined more than 50 years ago by scientist and novelist C.P. Snow to describe the divergence in the world views and methods of scientists and the creative sector. This divergence has meant that innovation systems and policies have focussed for decades on science, engineering, technology and medicine and the industries that depend on them. The humanities, arts and social sciences have been bitt players at best; their contributions hidden from research agendas, policy and program initiatives, and the public mind. But structural changes to advanced economies and societies have brought services industries and the creative sector to greater prominence as key contributors to innovation. Hidden Innovation peels back the veil, tracing the way innovation occurs through new forms of screen production enabled by social media platforms as well as in public broadcasting. It shows that creative workers are contributing fresh ideas across the economy, and how creative cities debates need reframing. It traces how policies globally are beginning to catch up with the changing social and economic realities. In his new book, Cunningham argues that the innovation framework offers the best opportunity in decades to reassess and refresh the case for the public role of the humanities, particularly the media, cultural and communication studies disciplines.

Hidden innovation : Policy, industry and the creative sector

The term ‘two cultures’ was coined more than 50 years ago by scientist and novelist C.P. Snow to describe the divergence in the world views and methods of scientists and the creative sector. This divergence has meant that innovation systems and policies have focused for decades on science, engineering, technology and medicine and the industries that depend on them. The humanities, arts and social sciences have been bit players at best; their contributions hidden from research agendas, policy and program initiatives, and the public mind. But structural changes to advanced economies and societies have brought services industries and the creative sector to greater prominence as key contributors to innovation. Hidden Innovation peels back the veil, tracing the way innovation occurs through new forms of screen production enabled by social media platforms as well as in public broadcasting. It shows that creative workers are contributing fresh ideas across the economy and how creative cities debates need reframing. It traces how policies globally are beginning to catch up with the changing social and economic realities. In his new book, Cunningham argues that the innovation framework offers the best opportunity in decades to reassess and refresh the case for the public role of the humanities, particularly the media, cultural and communication studies disciplines.

Lazy days of simply going with the flow

A travel article about a river cruise from Amsterdam to Basel. When Captain Plamen Veselinov invites me to join him on the bridge, I can at last put a question that’s been running through my mind for days. It’s about the locks. How does he manage to line up the vessel as it approaches? Is the ship guided in electronically? He returns my questions with a boyish smile that does a good deal to veil his many years on the river. Crunching his way through a heavy Bulgarian accent, he says, “No, it’s all in the eyes and the hands. It’s magic. Don’t tell David Copperfield. He would get very jealous...

Making strange

Marking Strange is a series of collaborative experimental creative works undertaken by Marissa Lindquist and Andrzej Pytel which explores the relationship between the body, new materiality and its application within different facets of design production. The ongoing experimental practice looks toward both organic and inorganic materials as a means of informing scholarly research, material development for commercial, installation and speculative design production and for academic studio programs. The work draws from theoretical positions such as Heidegger’s "nearness and revealing" (1927-1954), Simondon’s "transduction theory" (1989) and Burke's "sublime" (1757). Making Strange work has been exhibited within the Australian Pavilion Catalogue, FORMATIONS: New Practices in Australian Architecture, directed by Gerard Reinmuth and Anthony Burke with TOKO Concept Design, for the Venice International Architecture Biennale, 2012.

Domestic violence (DV) service provision and the architecture of rural life: An Australian case study

This article uses the concept of the architecture of rural life to analyse domestic violence service provision in rural Australia. What is distinctive about this architecture is that it polices the privacy of the rural family. A tight cloak of silence is carved around instances of domestic violence. Imagined threats to rural safety are seen as coming from outsiders (i.e. urban influences or Indigenous), not insiders within rural families. This article draws on key findings from a study conducted in rural New South Wales, Australia. The study interviewed 49 rural service providers working in human services and the criminal justice system. The application of architecture of rural life as a conceptual tool demonstrates challenges with service provision in a rural setting. The main results of this study found that this architecture operates as a silencing form of social control in three distinctive ways. Firstly, shame about being a victim of domestic violence encourages rural women's complicity in remaining silent. Secondly, family privacy maintains a veil of silence that accentuates rural women's social and economic dependency on men. Thirdly, community sanctions act as a deterrent to women seeking help.

Reggae borderzones, reggae graveyards: Bob Marley fandom in Bali

The road from Bali’s international airport to the island’s most renowned tourist area, Kuta Beach, leads past a number of establishments claiming affiliation to reggae music and Rastafarianism in large, appropriately coloured billboards. A sign outside a tee shirt shop bears the words RASTA MANIA within a green, yellow and red border, and a stick figure caricaturing negritude, the logo of this clothing label. In the window display hangs a tee shirt, and upon it Bob Marley’s wizened face. His lips pinch a cone-shaped spliff, and he squints behind a veil of airbrushed smoke. A leanto sign on the sidewalk outside Apache Bar announce REGGAE BANDS NIGHTLY. This barn of coconut wood and thatch nestles behind Wendy’s Ice Cream Parlour and Chi Chi’s Mexican Bar. Its timber walls emulate a rustic, spaghetti Western aesthetic and are adorned with portraits of native Americans. In addition to the reggae bands, nightly, Apache bar unites young Japanese women with local ‘guides’.2