Equitable remedies for elder financial abuse in inter vivos transactions

Elder law is a growing area of legal practice due to the increasing numbers and proportions of older people in Australian society. The older generation has greater access to financial resources by way of retirement capital than ever before. Coupled with the current generation’s high level of debt and an increasing dependence on inheritances to meet these debts, this has created an environment in which the potential for elder financial abuse is increasing. This article examines how equitable remedies can be used as an avenue of redress for elder financial abuse. The effectiveness of these remedies, and in particular the prospect of a costs order being awarded against the perpetrator of the abuse in successful claims, may act as a deterrent and assist in preventing elder financial abuse from occurring.

Supporting mature-aged students from a low socioeconomic background

The aim of the current study was to examine mature-aged student perceptions of university support services and barriers to study. Using a mixed methods approach, interviews and focus groups were conducted with mature-aged students to identify barriers to study, knowledge and use of current student support services, and suggestions to improve upon these services. From these data and an audit of university support services, an online survey was created to examine study barriers and patterns of support service use, as well as, perceptions of proposed support services not currently offered by the university within a larger sample of mature-aged students. Analysis of survey data indicated distinct patterns of barriers and support service use according to socioeconomic status as well as other demographic factors such as, age and enrolment status. Study findings are discussed in terms of generating support services for the retention of mature-aged students of low socioeconomic status and for the retention of mature-aged students in general.

Somatoform and dissociative disorders

• The somatoform disorders are psychiatric illnesses that present as physical disorders. • The somatoform disorders are not to be confused with malingering, which is the intentional production of symptoms to avoid some responsibility or duty. • Somatisation is a method of expressing anxiety and distress and is found in all cultural groups. • The distress and suffering experienced by clients with a somatoform disorder are real, although the medical basis for their symptoms is not. • Clients with a somatoform disorder are most frequently encountered in primary health care settings. • The dissociative disorders are marked by an abrupt, temporary change in consciousness, cognition, memory, identity or behaviour.

Settings for mental health care

The quality of the environment is important to client recovery and rehabilitation. • The preferred environment for the care of the mentally ill over time has been the home. • Environmental strategies in the care of the mentally ill became more important in the eighteenth century, when it was noticed that patients were more manageable in a pleasant environment. • Confinement of the mentally ill in large public asylums was largely an innovation of the nineteenth century. • The therapeutic milieu is a consciously organised environment. • Maxwell Jones in the United States and Thomas Main in the United Kingdom pioneered the concept of the hospital and environment as treatment tools. • The goals of the therapeutic milieu are containment, structure, support, involvement, validation, symptom management, and maintaining links with family and the community. • The principles on which the therapeutic milieu is based include: open communication, democratisation, reality confrontation, permissiveness, group cohesion and the multidisciplinary team. • The principle guiding the care of clients in the community is that of the least-restrictive alternative. • The therapeutic community residence is an environment that encourages the development of the client as a person in interaction with others, rather than as someone suffering from a health problem or disability. • The preferred contemporary setting for the provision of mental health care is the community. • The predominant form of service delivery in the community is case management, which has been found to be most effective for people with severe mental illnesses. • The principles of caring in the community are self-determination, normalisation, a focus on client strengths, and the community as a resource

Adverse health effects to air pollution and guidelines to prevent them

This is the first in a series of four articles which will explore different aspects of air pollution, its impact on health and challenges in defining the boundaries between impact and nonimpact on health. Hardly a new topic one might say. Indeed, it’s been an issue for centuries, millennia even! For example, Pliny the Elder (AD 23-79), a Roman officer and author of the ‘Natural History’ recommended that: “…quarry slaves from asbestos mines not be purchased because they die young”, and suggested: “…the use of a respirator, made of transparent bladder skin, to protect workers from asbestos dust.” Closer to modern times, a Danish Proverb states: "Fresh air impoverishes the doctor". While none of these statements are an air quality guideline in a modern sense, they do illustrate that, for a very long time, we have known that there is a link between air quality and health, and that some measures were taken to reduce the impact of the exposure to the pollutants. Obviously, we are much more sophisticated now!

Changing to learner-centred education : challenges experienced by nurse educators in Taiwan

This paper reports the challenges experienced by nurse educators in changing a teacher-centred, content-driven approach to teaching and learning to a learner-centred, process-driven approach within a School of Nursing in Taiwan. While a general movement towards a learner-centred approach was achieved, the curriculum transformation process was complex and inevitably slow with many challenges. First the study is outlined, with the key challenges experienced by the participating nurse educators explicated and illuminated with excerpts drawn from the research data. This is followed by a discussion of possible reasons for the challenges and how they were overcome and the transition process from teacher-centred to learner-centred education facilitated.

Overcoming challenges to collaboration: Nurse educators’ experiences in curriculum change

This article describes challenges to effective collaboration encountered by nurse educators as they transformed a unit within a school of nursing in Taiwan. This study introduced collaborative action research as a vehicle for curriculum change. Although the team achieved positive outcomes in transforming a unit, the collaborative process was complex with four major challenges: meaning, time, work culture, and conflicting views. This article provides an overview of the study, and the major challenges posed by working together are expounded and illustrated with excerpts drawn from the study data. Possible reasons for the challenges, how these challenges were overcome, and facilitation of the collaborative process are discussed.

Real estate agents, brochure and misleading or deceptive conduct

The decision of the High Court in Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60 involves issues that affect every person who is induced to buy real estate in Australia by statements in sales brochures distributed by real estate agents. One of these issues is the extent to which estate agents unwittingly engage in misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) (‘the Act’) when they distribute sales brochures that contain untrue or misleading statements prepared by others. A further issue is the extent to which agents can escape liability by relying on disclaimers about the authenticity of false statements contained in brochures prepared by them.

Disobedient Citizens : Press Depictions of Striking School Teachers in NSW and Anti-Vietnam War Demonstrators in NSW and Victoria in 1968

Across Australia in 1968, students demonstrating against the Vietnam War engaged in confrontational behaviour. The metropolitan daily newspapers,the most important source of news for most people, enthusiastically reported the scenes. The demonstrations were exciting. Sensational headlines and photographs captured the interest of readers and influenced their opinions. But radical opposition to government policies at the time was not limited to university students opposing the Vietnam War. Teachers had become increasingly critical of conditions in schools, with Victorian secondary school teachers having stopped work on a number of occasions since 1965. In October 1968, both primary and secondary school teachers in New South Wales participated in eastern Australia’s first state-wide teachers’ strike. As Sydney’s Sun commented on 1 October 1968, “The teachers’ strike threw the ... education system into chaos ... A huge proportion of the State’s 2764 schools were silent and empty.” Similarities with the anti-war demonstrations were obvious. Although not as confrontational, the New South Wales teachers’ strike was a publicity-seeking action. This examination of the teachers’ more restrained, but more effective, approach to challenging government policies provides a new voice and vision to our understandings of the diverse nature of radicalism in Australia in the 1960s.