Employer matters in 2005

By any reckoning, the year 2005 will long be remembered as a watershed year for Australian industrial relations. While there were the usual types of industrial disputes, on-going enterprise bargaining and another round of arguments over the Australian Industrial Relations Commission’s (AIRC’s) annual safety-net review, the year was dominated by the looming re-writing of Australia’s industrial relations regulatory regime, made possible by the Government’s surprise majority in the Senate, granted to them in late 2004. Viewed as a looming dark cloud by some or a shining light by others, most of 2005 was spent in anxious anticipation of the Howard government’s impending ‘WorkChoices’ legislation. Employer groups spent much of the year lobbying the Howard government for the types of reforms long cherished, but only dreamed of by employers, for arguably 100 years. A once in a lifetime opportunity had presented itself and employer groups were determined to take full advantage of the situation, by ensuring that the government did not lose its nerve. Perhaps more importantly, however, in addition to lobbying the government, major employer organizations devoted significant resources to building the case for industrial relations reform and attempting to sell that message to the electorate. By year’s end, employers had succeeded in the first objective, but had seemingly failed in the second.

The vacuousness of rights in the euthanasia debate

It has been claimed that the arguments for and against euthanasia have not changed in the last 120 years. Throughout this period, two rights claims have been thought to be central to the debate. The right to autonomy is invoked by many euthanasists as the main argument in support of euthanasia. This is often countered by the claim that euthanasia violates the right to life. This article argues that the relevance of these rights claims to the euthanasia debate has been overstated. More generally, it is argued that the bluntness of the rights claims in the context of the euthanasia debate is illustrative of the fact that the concept of rights is an unsuitable device for resolving moral disputes which involve conflicting rights.

Causation in law and medicine

Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law

Architectural expression of liturgy and doctrine in the Eastern churches of the fourth to sixth centuries: towards a theologically contextual typology

Many scholars of Byzantine architecture have theorised about the reasons for church form and structure, with most relating them to sources in pagan architecture or local traditional construction methods (Krautheimer, Crowfoot, Ward-Perkins, Mango and Hill); to aspects of provincialism, regional independence or location peripheral to empire (Megaw, Delvoye, Wharton), or to environmental constraints such as frequent earthquakes (Curcic). But just as the wording of the various creeds and ecumenical statements responded to aspects of contemporary non-orthodox beliefs or "heresies", so did the theological debate inform the liturgical practices and consequently church planning. It could be expected that these responses would also be reflected in the architectural approach to form and symbolism. Thus a contextual typological framework is proposed, based on the association of different architectural approaches to church planning and form in the 4th to the 6th centuries with the contemporary doctrinal disputes over the true nature of Christ.

New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.

Minimisation of construction delays

Delay in project completion is a major problem in construction that often leads to costly disputes and acrimonious relationships between the parties involved. The primary aim of this investigation was to determine why these delays occur and to develop control measures to minimise their impact.

Child-focused and child-inclusive divorce mediation : comparatice outcomes from a prospective study of postseparation adjustment

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child-focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child-inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well-being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high-conflict separation, through enhanced emotional availability of their parents.

Child focused and child inclusive family law dispute resolution : one year findings from a prospective study of outcomes

This prospective study compared outcomes over 1 year for two groups of separated parents, who attended mediation about their entrenched parenting disputes. The two treatments studied both aimed to improve the psychological resolution of parental conflict with associated reduction of distress for their children. The Child Focused intervention prioritised thought about the needs of children in high conflict divorce, but without any direct involvement of the children, while the Child Inclusive intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Measures were collected from parents and children prior to mediation commencing, and again three and twelve months after the conclusion of mediation. Significant and enduring reduction in levels of conflict and improved management of disputes occurred for both treatment groups in the year after mediation. Across all ages, children in both interventions perceived less frequent and intense conflict between their parents and better resolution of it, with a significant lowering of their related distress. The Child Inclusive intervention showed a number of independent effects not evident in the other treatment group, related to relationship improvements and psychological wellbeing. These effects were strongest for fathers and children. Agreements reached by the Child Inclusive group were significantly more durable and workable over the year, and these parents were half as likely to instigate new litigation over parenting matters in the year after mediation than were the Child Focused parents. The article considers possible mechanisms of change underpinning these outcomes.

Child-focused and child-inclusive mediation : a comparative study of outcomes

Children have largely been absent from or on the periphery of mediation processes in postseparation parenting disputes. An accompanying paper canvasses a number of reasons why this may be the case. The present paper goes on to describe a current prospective study of outcomes for families utilising these two different forms.of mediation: child focused and child inclusive. The study follows the pathways of individual adjustment and parental alliance for families across the two forms of intervention, addressing whether and in what cases a child-inclusive mediation process enhances postseparation family outcomes.

Empowering audiences to measure quality

This paper explores developments in the political representations of English theater audiences from the Elizabethan era to the 1809 OP riots, to demonstrate that audiences were long considered politically significant, not just ‘mere entertainment.’ Early commercial theater audiences were conceived by the Elizabethan state as crowds of subjects that threatened social order. Through the Civil War era, theaters became places of political discussion and dissent and of emerging publics of citizens. By the early nineteenth century theater owners began to reframe audiences as markets of consumers. Each representation continued to appear in later discursive fields, each was contested, and the disputes were couched in political terms.

Trade-off manipulations in the development of negotiation decision support systems

Our model of negotiation for constructing Negotiation Decision Support Systems is based upon Principled Negotiation and uses trade-off manipulations in order to provide decision support. A resulting system, Family_Winner, was constructed using several information systems techniques. Trade-off Maps (a variant of Constraint Diagrams) are used to represent trade-off opportunities, while an empirically derived formula calculates the amount of compensation given to the ratings of issues remaining in dispute. The Issue Decomposition Hierarchy embedded in the system allows for the incorporation of sub-issues. Family_Winner was originally built for use in Australian Family Law. We believe our model can be extended for use in various other domains.

Family_Winner has been evaluated in the areas of industrial relations, international disputation and company disputes. Results from our evaluation suggest the system works satisfactorily in these domains. We conclude this paper by describing future projects that will develop and extend Family_Winner's functions and applicability.

Incorporating fairness into development of an integrated multi-agent online dispute resolution environment

The paper describes the development of an integrated multi-agent online dispute resolution environment called IMODRE that was designed to assist parties involved in Australian family law disputes achieve legally fairer negotiated outcomes. The system extends our previous work in developing negotiation support systems Family_Winner and AssetDivider. In this environment one agent uses a Bayesian Belief Network expertly modeled with knowledge of the Australian Family Law domain to advise disputants of their Best Alternatives to Negotiated Agreements. Another agent incorporates the percentage split of marital property into an integrative bargaining process and applies heuristics and game theory to equitably distribute marital property assets and facilitate further trade-offs. We use this system to add greater fairness to Family property law negotiations.

经济因素与中越南沙群岛争端

Is China and Vietnam are geographically contiguous neighbors, the two countries in political, economic, historical, and cultural aspects there was more closely linked.However, in the territory of China and Vietnam but also has some differences, such as land border in Vietnam, the North Bay, Paracel Islands, Spratly Islands etc there is a dispute.As the Spratly Islands both important strategic value to national defense, there are important economic value, the recent dispute since the Nansha very compelling, and in this more complex international disputes, economic factors played a significant role.

It's the economy : the effect of macroeconomic variables of the rate of suicide

Background. There are a large number of factors mediating suicide. Many studies have searched for a direct causal relationship between economic hardship and suicide, however, findings have been varied.

Method. Suicide data was obtained from the Australian Bureau of Statistics for the period between January 1968 and August 2002. These were correlated with a suite of macroeconomic data including housing loan interest rates, unemployment rates, days lost to industrial disputes, Consumer Price Index, gross domestic product, and the Consumer Sentiment Index.

Results. A total of 51 845 males and 16 327 females committed suicide between these dates. There were significant associations between suicide rates and eleven macroeconomic indicators for both genders in at least one age range. Data was divided into male and female and five age ranges and pooled ages. Analyses were conducted on these 132 datasets resulting in 80 significant findings. The data was generally stronger for indices measuring economic performance than indices measuring consumers’ perceptions of the state of the economy. A striking difference between male and female trends was seen. Generally, male suicide rates increased with markers of economic adversity, while the opposite pattern was seen in females. There were significantly different patterns in age-stratified data, with for example higher housing loan interest rates having a positive association with suicide in younger people and a negative association in older age groups.

Conclusion. Macroeconomic trends are significantly associated with suicide. The patterns in males and females are very different, and there are further substantial age-related differences.

A menace to this realm : the new guard and the New South Wales police, 1931-32

In 1931 and 1932, New South Wales faced civic collapse. During the last months of the Lang government, the semi-fascist New Guard became a serious threat to the state. This article examines the challenge posed by the New Guard to the New South Wales police, and the strategies used by the police to suppress the group. Superintendent W.J. MacKay, the colourful and Machiavellian future commissioner, effectively and ruthlessly exercised police power against the New Guard. This article disputes the dominant historical interpretation of this period, which sees the police as collaborators with a reactionary secret army, the ‘Old Guard’.