Directors' duties to creditors in Australia after spies v the Queen

In August 2000, the High Court handed down its decision in Spies v The Queen . According to most commentators, the decision ended a "quiet revolution" which had been underway since Walker v Wimborne by rejecting the suggestion that directors owe an independent duty to creditors. In this article, the writer responds to this commentary in two ways. First, by contending that the High Court's comments in Spies concerning directors' duties to creditors were merely obiter, thereby leaving open the possibility that an independent duty to creditors will be confirmed in a subsequent case. Secondly, by suggesting that if the commentary to date is correct, then the Spies decision has minimal impact in terms of creditor protection as directors' duties under the Corporations Act 2001 already provide sufficient protection for creditors.

The legacy of Australia's treatment of onshore asylum seekers

The Australian government's response to the 'unlawful' arrival of asylum seekers has been characterised by a host of draconian measures - most notably mandatory detention and a punitive 'temporary protection visa' with severely limited access to settlement services. This hard stance was seen as important in stemming the tide of 'illegal' asylum seekers - most of whom seek protection in Australia from their war-torn countries in the Middle East. However, the government's own statistics suggest that this strategy is not working, as the number of asylum seekers has not decreased since these tough measures were adopted in October 1999. Moreover, as this study [2] argues, the restricted access to social services and income support imposed on TPV holders is causing significant economic hardships and unnecessarily traumatic settlement experiences. Many non-government agencies (most notably community organizations and ethnic associations) are left with the daunting challenge of meeting both practical and special needs of traumatized refugees.

The care crunch: changing work, families and welfare in Australia

Structural shifts in labour markets and in households are impacting on the capacity of households and families to deal with risk. In Australia the post-Federation and post-war social settlement, based on the gendered assumptions underpinning the male breadwinner/female carer model, is no longer viable in an era of increasingly precarious employment, diverse family forms and deepening inequalities. Labour market and industrial relations changes, when combined with major demographic shifts such as divorce and population ageing, and increasing expectations for community care are contributing to a 'care crunch'. The article canvasses the challenge of developing a social risk protection framework that balances caring, work and quality of life.

Spatial model for predicting the presence of cinnamon fungus (Phytophthora cinnamomi) in sclerophyll vegetation communities in south-eastern Australia

The pathogen Phytophthora cinnamomi causes extensive 'dieback' of Australian native vegetation. This study investigated the distribution of infection in an area of significant sclerophyll vegetation in Australia. It aimed to determine the relationship of infection to site variables and to develop a predictive model of infection. Site variables recorded at 50 study sites included aspect, slope, altitude, proximity to road and road characteristics, soil profile characteristics and vegetation attributes. Soil and plant tissues were assayed for the presence of the pathogen. A geographical information systyem (GIS) was employed to provide accurate estimations of spatial variables and develop a predictive model for the distribution of P. cinnamomi. The pathogen was isolated from 76% of the study sites. Of the 17 site variables initially investigated during the study a logistic regression model identified only two, elevation and sun-index, as significant in determining the probability of infection. The presence of P. cinnamomi infection was negatively associated with elevation and positively associated with sun-index. The model predicted that up to 74% of the study area (11 875 ha) had a high probability of being affected by P. cinnamomi. However, the present areas of infection were small, providing an opportunity for management to minimize spread into highly susceptible uninvaded areas.

"Disturbing practices":dehumanizing asylum seekers in the refugee "Crisis" in Australia, 2001-2002

Throughout late 2001 and 2002, the Australian Government, seeking re-election, campaigned on a tough line against so-called "illegal" immigrants. Represented as "queue jumpers," "boat people," and "illegals," most of these asylum seekers came from Middle Eastern countries, and, in the main, from Afghanistan and Iraq. This paper explores the way particular representations of cultural difference were entwined in media and government attacks upon asylum seekers. In particular, it analyzes the way key government figures articulated a negative understanding of asylum seekers' family units--representing these as "foreign" or "other" to contemporary Australian standards of decency and parental responsibility. This representational regime also drew upon post-September 11 representations of Middle Eastern people, and was employed to call into question the validity of asylum-seekers' claims for refugee status. Manufactured primarily through the now notorious "children overboard" incident, these images became a central motif of the 2001 election campaign. This paper concludes by examining the way these representations of refugees as "undeserving" were paralleled by new Temporary Protection Visa regulations in Australia.

Birds of remnant vegetation on the Mornington Peninsula, Victoria, Australia: the role of interiors, edges and roadsides

Habitat loss and fragmentation on the Mornington Peninsula, Victoria, Australia, has resulted in a mosaic of forest patches, forest edges abutted by agricultural land and linear habitat strips amidst a human-modified land matrix. To examine the use of forest elements by the avifauna in this landscape, bird populations were sampled along fixed transects established within forest interiors, on forest edges and along forested roadsides. A total of 60 species was recorded during this study, five of which were introduced. Species richness and diversity did not differ significantly between the three habitat elements, but avifaunal composition varied considerably. The species assemblages of all habitat elements differed significantly, with forest interiors and roadsides showing the greatest difference and forest interiors and forest edges showing the least degree of difference. Forest-dependent bird species used both interiors and edges. Interiors differed from edges and roadsides in having lower abundances of open country species, predatory species and introduced species. A clear gradient of change in bird communities from forest interiors to roadside vegetation was observed. This study suggests that the interiors of medium-sized (<1 000 ha) patches may play an important role in conserving bird biodiversity on a local level as they provide refuge for forest-dependent native species in extensively cleared landscapes.

Modelling habitat suitability of the swamp antechinus (Antechinus minimus maritimus) in the coastal heathlands of southern Victoria, Australia

In recent years, predictive habitat distribution models, derived by combining multivariate statistical analyses with Geographic Information System (GIS) technology, have been recognised for their utility in conservation planning. The size and spatial arrangement of suitable habitat can influence the long-term persistence of some faunal species. In southwestern Victoria, Australia, populations of the rare swamp antechinus (Antechinus minimus maritimus) are threatened by further fragmentation of suitable habitat. In the current study, a spatially explicit habitat suitability model was developed for A. minimus that incorporated a measure of vegetation structure. Models were generated using logistic regression with species presence or absence as the dependent variable and landscape variables, extracted from both GIS data layers and multi-spectral digital imagery, as the predictors. The most parsimonious model, based on the Akaike Information Criterion, was spatially extrapolated in the GIS. Probability of species presence was used as an index of habitat suitability. A negative association between A. minimus presence and both elevation and habitat complexity was evidenced, suggesting a preference for relatively low altitudes and a vegetation structure of low vertical complexity. The predictive performance of the selected model was shown to be high (91%), indicating a good fit of the model to the data. The proportion of the study area predicted as suitable habitat for A. minimus (Probability of occurrence greater-or-equal, slanted0.5) was 11.7%. Habitat suitability maps not only provide baseline information about the spatial arrangement of potentially suitable habitat for a species, but they also help to refine the search for other populations, making them an important conservation tool.

The classification of lands managed for conservation : existing and proposed frameworks, with particular reference to Australia

Comprehensive classification systems to accurately account for lands managed for biodiversity conservation, are an essential component of conservation planning and policy. The current international classification systems for lands managed for nature conservation are reviewed, with a particular emphasis on Australia. The need for a broader, all-encompassing, categorisation of lands managed for conservation is presented and a proposed broader categorisation system is developed—the Conservation Lands Classification. This classification system has the advantage of incorporating data on both tenure and protection mechanisms and has been applied in this paper using conservation lands in three Australian jurisdictions as examples. It is envisaged that this method of classification has the potential to significantly improve the ability to measure current and future trends in nature conservation across all land types at a variety of scales and hence is put forward in order to stimulate discussion on this important topic.

Freshwater reserves in Australia : directions and challenges for the development of a comprehensive, adequate and representative system of protected areas

The establishment of a system of protected areas that samples all ecosystems, including freshwater environments, in a comprehensive, adequate and representative (CAR) manner is regarded as a cornerstone for the conservation of biodiversity. There have been few quantitative assessments of the comprehensiveness, adequacy and representativeness of freshwater reserves in Australia. This paper reviews and quantifies the effect of classification of freshwater ecosystems for conservation planning, the importance of reservation status and protection measures for developing a CAR reserve system, and aspects of reserve design for freshwater ecosystems. We propose a strategic and iterative process that incorporates these measures to assist in the efficient and effective development of freshwater reserve systems worldwide. However, the provision of suitable water regimes for freshwater reserves presents further ecological and political challenges, and even adequate reservation of freshwater ecosystems may not conserve constituent biodiversity without effective management.

History and attributes of selected Australian multi-tenure reserve networks

The need for conservation planning across the landscape, regardless of tenure, is widely recognised. In Australia, attempts to coordinate the management of conservation lands are characterised by models such as Biosphere Reserves and Conservation Management Networks. This paper outlines the history behind the formation and development of three networks in Australia—the Bookmark Biosphere Reserve, the Gippsland Plains Conservation Management Network, and the Grassy Box Woodlands Conservation Management Network—with particular emphasis on the tenure and protection attributes of the various components within these networks. Despite having a similar number of components, the total area represented in the networks varied markedly. There were few similarities in the proportion of components of various tenures and protection mechanisms among networks. Composition of networks is likely to be strongly influenced by both historical factors (degree of subdivision, land ownership and remaining vegetation) and contemporary factors (aims of the network and willingness of landowners to participate). Continued research into both the evolution and the physical and social dynamics of multi-tenure reserve networks enables a better understanding of their operation, and will ultimately assist in improved conservation planning across the landscape.

Terrestrial avifauna of the Gippsland Plain and Strzlecki Ranges, Victoria, Australia: insights from Atlas data.

The rate and spatial scale at which natural environments are being modified by human land-uses mean that a regional or national perspective is necessary to understand the status of the native biota. Here, we outline a landscape-based approach for using data from the ‘New Atlas of Australian Birds’ to examine the distribution and status of avifauna at a regional scale. We use data from two bioregions in south-east Australia – the Gippsland Plain and the Strzelecki Ranges (collectively termed the greater Gippsland Plains) – to demonstrate this approach. Records were compiled for 57 landscape units, each 10′ latitude by 10′ longitude (~270 km2) across the study region. A total of 165 terrestrial bird species was recorded from 1870 ‘area searches’, with a further 24 species added from incidental observations and other surveys. Of these, 108 species were considered ‘typical’ of the greater Gippsland Plain in that they currently or historically occur regularly in the study region. An index of species ‘occurrence’, combining reporting rate and breadth of distribution, was used to identify rare, common, widespread and restricted species. Ordination of the dataset highlighted assemblages of birds that had similar spatial distributions. A complementarity analysis identified a subset of 14 landscape units that together contained records from at least three different landscape units for each of the 108 ‘typical’ species. When compared with the 40 most common ‘typical’ species, the 40 least common species were more likely to be forest specialists, nest on the ground and, owing to the prevalence of raptors in the least common group, take prey on the wing. The future status of the terrestrial avifauna of the greater Gippsland Plains will depend on the extent to which effective restoration actions can be undertaken to ensure adequate representation of habitats for all species, especially for the large number of species of conservation concern.

Risk assessment in child protection: problem rather than solution?

Risk assessment in child protection services has been promoted as the most reliable way to ensure that maltreatment to children is prevented and has become central to practice with children and families. However, recent research in Australia has suggested that children are being left in unsafe situations, leading to further maltreatment, by the very agencies responsible for their protection. The present article explores the reasons why child protection has become central to child protection practice and presents a wide ranging critical appraisal of risk assessment and its application. It is argued that risk assessment is a flawed process and, as a central tenet of practice, is implicated in any problems that children's protective services face. Consequently, any future reconfiguration of services for children in need of protection needs to include a re-evaluation of the efficacy of risk  assessment.

Labour hire employment and independent contracting in Australia: two inquiries, how much change?

In the past 18 months, two inquiries into labour hire employment have been held in Australia. The first was conducted by the Victorian Parliament's Economic Development Committee, and reported in June 2005. The second, the Federal Government's House of Representatives Standing Committee Inquiry into Independent Contracting and Labour Hire Arrangements, reported in August 2005. This review outlines the findings of those inquiries, and questions the extent to which they have contributed to improving protection for vulnerable workers. It commences with the Victorian inquiry, then turns to the Federal inquiry. Common themes are drawn together in the concluding discussion.

Acculturation experiences of Iraqi refugees in Australia: the impact of visa category

This paper examines the acculturation challenges facing Iraqi refugees in Australia, and the impact of humanitarian visa category. Semi-structured interviews were conducted with Temporary Protection Visa (TPV) holders and Permanent Protection Visa (PPV) holders living in Melbourne. The findings indicate that TPV holders identify the temporary visa regime as the primary obstacle to successful integration into Australian society. The findings also suggest that TPV refugees have developed a greater level of social ties outside their ethnic groups and are less focused on issues of cultural maintenance than refugees with PPVs. The insecurity associated with the temporary protection regime appears to have led to a decreased focus on cultural maintenance, in favour of the more immediate “survival” focus on material settlement needs and visa status. While the increased social contacts of TPV refugees with some mainstream groups may be considered a partial indicator of successful acculturation, these developments cannot be equated with “settlement” as the social ties are of a temporary or unstable nature. The overriding impact of the temporary visa regime is one of creating obstacles to the effective integration of TPV refugees.