Re-placing gender? Reflections on 15 years of gender, place and culture

This article reflects on Gender, Place and Culture (GPC) from 1994 to mid-2008, to highlight some of the key subjects and debates which have been delimited and progressed within its pages. Launched simultaneously with the cultural turn in human geography, GPC proceeded to raise important questions about identity and difference, effectively reflecting but also driving a number of transformative intellectual and political agendas. This reflection will focus on three interrelated sites of such activity: empirical, theoretical and political. Empirically, numerous articles have examined the ways gender is lived, in and across spaces and these have been enlivened by approaches highlighting masculinities, sexualities and embodiment. Theoretically these subjects have been informed by post-colonial and post-structural frameworks, directing discussion towards multiple identities, reflexivity, research practice, performativity, material cultures, positionality and the nature of academic knowledge. In addition, GPC has registered progressive political concerns for justice and equality, though the nature and extent of its political import has been legitimately questioned from without and within the pages of the journal. The resolution of the many dilemmas associated with the ways gender is lived, thought about and practiced has not always been successful in the pages of GPC, and the ongoing reality of Anglo-American dominance, the persistence of women's inequality and the tension between discursive and political activism, remains. However, in re-placing gender over the last 15 years, GPC has been a journal of serious and path-breaking scholarship which has further legitimized the value of feminist geography.

‘Outsiders’ and ‘others’: ‘different’ teachers teaching in culturally diverse classrooms

This article draws on data from two separate qualitative research studies that investigated the experiences of Indigenous teachers and ethnic minority teachers in Australian schools. The data presented here were collected via in-depth individual semi-structured interviews with teachers in 2004 and 2005. Data analysis was informed by poststructuralist discourse theory and the data were examined for broad themes and recurring discourse patterns relevant to the projects’ foci. The article explores how teachers who are not from the Anglo-Celtic Australian ‘mainstream’ use their cultural knowledge and experiences as ‘other’ to develop deep understandings of ethnic minority and/or Indigenous students. I suggest that the teachers’ knowledge of ‘self’ in regards to ethnicity and/or Indigeneity and social class enables them to empathize with students of difference, to contextualize their students’ responses to schooling through understanding their out-of-school lives from perspectives not available to teachers from the dominant cultural majority. I raise in this paper a number of important implications for teacher education including the need to recruit and retain greater numbers of teachers of difference in schools, the need to acknowledge their potential to make valuable contributions to the education of minority students as well as their potential to act as cross-cultural mentors for their ‘mainstream’ colleagues.

Resisting assimilation : the mild aesthetics and wild perceptions of the migrant house

The physical adaptation, remaking and maintenance, or building of the house plays a significant role in immigrants’ sense of belonging to a community, especially in contexts of first generation elderly immigrants with minimal English language skills. Psychoanalytic theories propose that objects are integral to a subject’s identity, but that the path of effect between the subject and object is not causal or direct, rather it goes via the unconscious. This paper seeks to examine the relationship between immigrants and their houses through these theories adapting them to an analysis of the houses. It draws its data from field research of three elderly immigrant households. The iconography of the house has always been perceived as central to the analysis of dreams, here the thesis is that the house is the most significant object of the immigrant because it mediates the many worlds inherent to the migrant’s imaginary landscapes. The analysis will seek to understand this role of the house.

Secondly, while many houses in which migrants live can barely be differentiated in clear physical ways from the typology of houses built in Australia, the perception that they are different is a strong myth. At the least it has resulted in very little, if any, study of this vernacular of new Australian houses. It would be easy to argue that to build a house in Australia is the most important mode of assimilation because a way of life is intrinsically set by this suburban paradigm. But for the reason of this perception of difference I will explore an idea about ethnic aesthetics as a mode of resisting assimilation. In writing on taste in his seminal book, Distinction, the sociologist, Pierre Bourdieu, has argued that taste is a way of classifying people into classes, race, culture, but it is also a way for dominant and ruling classes to resist challenges from other parties, and maintain a particular hierarchy of society. In this case those other parties are ethnic communities in Australia whose tastes are not always the same as that of the dominant Anglo-Celtic community.

Mineral law and the doctrine of rights : a microscope of magnification?

The doctrine of rights has become part of private law jurisprudence. In this article the application of the doctrine in two decisions dealing with surface support in mineral law is examined. It is argued that the decision of Kriegler J in Elektrisiteitsvoorsieningskommissie v Fourie, namely, that the right to surface support is an entitlement, is more correct than Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd in which it was decided that the right to surface support is a competence. It is submitted that depending on the legal location of the entitlement in the relationship between owner and miner of land one may simply refer to either an owner's entitlement to surface support or a miner's entitlement to undertake opencast-cast mining.

Mineral rights are dead! Long live mineral rights!

Whilst being mindful of the eventual extinction of the legal notion of mineral rights in South Africa upon expiry of the transitional measures in terms of schedule II of the Mineral and Petroleum Resources Development Act 28 of 2002 on 30 April 2009, the classification of mineral rights by the supreme court of appeal in the Anglo decision is to be welcomed, even though it is somewhat ironic at this stage. (As to the extinction of the notion of mineral rights, see Badenhorst "Mineral rights : 'year zero cometh?'" 2001 Obiter 119; "Exodus of 'mineral rights' from South African mineral law" 2004 Journal of Energy and Natural Resources Law 218.) It will, however, be shown in this discussion that the decision of the supreme court of appeal will extend beyond the statutory transitional period and will also have an impact on rights to minerals or rights to petroleum as created in terms of the Mineral and Petroleum Resources Development Act (hereafter referred to as the act). For purposes of this discussion, one can simply continue to refer to mineral rights that developed from the common law as "mineral rights", whilst referring to the new rights created in terms of the act as "rights to minerals and petroleum". The present decision only deals with coal as "minerals".

Gregory Palamas on the relationship between philosophy and theology

The relationship between philosophy and theology has rarely been a harmonious and fruitful one. The two disciplines are often segmented into mutually exclusive compartments. On the one hand, philosophers, particularly contemporary philosophers working within the Anglo-American analytic tradition, widely agree that the claims made by theologians – such as the claim that there is a God and that God is a trinity of persons – are meaningless, or false, or irrational, or unsupported by evidence, or in some other way epistemically below par. On the other hand, it is not unusual to find theologians following in the footsteps of writers such as Tertullian, Kierkegaard and Barth in arguing that, when it comes to theology, faith suffices and reason merely perverts.

The philosophy-theology dispute was no stranger to fourteenth-century Byzantium, particularly in the writings of the most prominent spiritual and intellectual figure of this period, viz., Gregory Palamas (c.1296-1359). In his debates with Barlaam of Calabria (c.1290-1348), Gregory Akindynos (c.1300-1348) and Nikephoros Gregoras (c.1290-c.1358), the issue of the appropriateness of employing philosophical terms and modes of reasoning in theology occupied a central place.[1] But before looking at how Palamas tackled this issue, it will be helpful, firstly, to briefly outline how the Christian world (especially in the East) prior to Palamas tended to see the relationship between secular learning (including philosophy) and theology; and secondly, to ascertain what exactly was Palamas’ conception of philosophy.

Role of exercise in the development of bone strength during growth

Exercise during growth may increase peak bone mass; if the benefits are maintained it may reduce the risk of fracture later in life (1). It is hypothesised that exercise will preferentially enhance bone formation on the surface of cortical bone that is undergoing bone modeling at the time (2). Therefore, exercise may increase bone mass accrual on the outer periosteal surface during the pre- and peri-pubertal years, and on the inner endocortical surface during puberty (3). An increase in bone formation on the periosteal surface is, however, more effective for increasing bone strength than medullary contraction (4). While exercise may have a role in osteoporosis prevention, there is little evidential basis to support this notion. It is generally accepted that weight-bearing exercise is important, but it is not known how much, how often, what magnitude or how long children need to exercise before a clinically important increase in bone density is obtained. In this thesis, the effect of exercise on the growing skeleton is investigated in two projects. The first quantifies the magnitude and number of loads associated with and in a moderate and low impact exercise program and non-structured play. The second project examines how exercise affects bone size and shape during different stages of growth. Study One: The Assessment of the Magnitude of Exercise Loading and the Skeletal Response in Girls Questions: 1) Does moderate impact exercise lead to a greater increase in BMC than low impact exercise? 2) Does loading history influence the osteogenic response to moderate impact exercise? 3) What is the magnitude and number of loads that are associated with a moderate and low impact exercise program? Methods: Sixty-eight pre-and early-pubertal girls (aged 8.9±0.2 years) were randomised to either a moderate or low impact exercise regime for 8.5-months. In each exercise group the girls received either calcium fortified (-2000 mg/week) or non-fortified foods for the duration of the study. The magnitude and number of loads associated with the exercise programs and non-structured play were assessed using a Pedar in-sole mobile system and video footage, respectively. Findings: After adjusting for baseline BMC, change in length and calcium intake, the girls in the moderate exercise intervention showed greater increases in BMC at the tibia (2.7%) and total body (1.3%) (p ≤0.05). Girl's who participated in moderate impact sports outside of school, showed greater gains in BMC in response to the moderate impact exercise program compared to the low impact exercise program (2.5 to 4.5%, p ≤0.06 to 0.01). The moderate exercise program included -400 impacts per class, that were applied in a dynamic manner and the magnitude of impact was up to 4 times body weight. Conclusion: Moderate-impact exercise may be sufficient to enhance BMC accrual during the pre-pubertal years. However, loading history is likely to influence the osteogenic response to additional moderate impact exercise. These findings contribute towards the development of school-based exercise programs aimed at improving bone health of children. Study Two: Exercise Effect on Cortical Bone Morphology During Different Stages of Maturation in Tennis Players Questions: 1) How does exercise affect bone mass (BMC) bone geometry and bone strength during different stages of growth? 2) Is there an optimal stage during growth when exercise has the greatest affect on bone strength? Methods: MRI was used to measure average total bone, cortical and medullary areas at the mid- and distal-regions of the playing and non-playing humerii in 47 pre-, peri- and post-pubertal competitive female tennis players aged 8 to 17 years. To assess bone rigidity, each image was imported into Scion Image 4.0.2 and the maximum, minimum and polar second moments of area were calculated using a custom macro. DXA was used to measure BMC of the whole humerus. Longitudinal data was collected on 37 of the original cohort. Findings: Analysis of the entire cohort showed that exercise was associated with increased BMC and cortical area (8 to 14%), and bone rigidity (11 to 23%) (all p ≤0.05). The increase in cortical bone area was associated with periosteal expansion in the pre-pubertal years and endocortical contraction in the post-pubertal years (p ≤0.05). The exercise-related gains in bone mass that were accrued at the periosteum during the pre-pubertal years, did not increase with advanced maturation and/or additional training. Conclusion: Exercise increased cortical BMC by enhancing bone formation on the periosteal surface during the pre-pubertal years and on the endocortical surface in the post-pubertal years. However, bone strength only increased in response to bone acquisition on the periosteal surface. Therefore the pre-pubertal years appear to be the most opportune time for exercise to enhance BMC accrual and bone strength

Strategic significance of the island state of Sri Lanka

The study is focused on an analysis of the major diplomatic documents from the mid eighteenth century to the present as regards Sri Lanka, or Ceylon as it was known till 1972. The objectives of the study are to identify the issues underlying these diplomatic documents. These include the political and strategic factors and other subsidiary issues like trade and commerce relevant at the time these treaties, agreements, and proposed treaties were formulated. It is also a geopolitical study as it relates to Sri Lanka's geographical position in the Indian Ocean, and her possession of the Trincomalee Harbour on its east coast, which is one of the great natural harbours of the world. Over the centuries this harbour has had significant strategic value for naval deployments. The case study of the eighteenth and nineteenth centuries studies the diplomatic documents against the political and strategic background for the French Revolution and actions of Napoleon, and the Anglo/French rivalry, spreading from Europe to North America and Asia. In the twentieth century the environment for studying the place of Sri Lanka in the Indian Ocean was created by the Russian Revolution, the failure to keep the peace of Versailles after World War I, the conflict and horrors of World War II which led to the disintegration of European colonial empires in Asia and Africa, and the tensions generated by the Cold War. A study of the documents would reveal that in international relations what matters is the ability of a party to promote its interests, and this depends on its power. This realist approach contrasts to the idealist approach where policies are based on moral and ethical principles. For the realist the states should follow to protect their interests and to survive. To achieve this is to strive for a ‘balance of power’. To do so is to form a favourable alliance system. As the documents examined cover a period from the mid-eighteenth century to the later part of the twentieth century, they reflect the changing technologies that have had an influence on naval and military matters. For example, this period witnessed great changes in technology of energy utilized to propel warships, from wind, to steam, to fuel and finally to nuclear power. These changes had an influence in determining strategic policies involving weapon systems and communications within a global and regional setting. The period covered was the beginning of the process described a ‘globalisation’. Its idea is not unique to this century; there were many attempts, in various times of history, to integrate societies within a global context. Viewed in this light, the Anglo-French rivalry of the eighteenth and nineteenth centuries was the indication of a global naval strategy, in which Sri Lanka was a major factor in the Indian Ocean region. This process was associated with the phenomena called the ‘expansion of Europe’. It covered all the oceans of the world and in the nineteenth and twentieth centuries led to the founding of the largest maritime empire the world has ever seen: The British Empire. After World War I, the British naval strength (the basis of the British Empire) and her consequent position as a great power, was challenged by other powers like the United States of America and Japan. After World War II, the US Navy was supreme: and there was a close alliance between Britain and the USA. The strength of the US/British alliance was based on the navy and its bases, which were spread throughout the globe; to project power, and act as deterrence and balancing force. Sri Lanka, due to her strategic position, was a part of this evolving process, and was tied to a global strategy (with its regional connotations) from the eighteenth century to the present.

Concepts and principles in unjust enrichment : a comparative study

The Thesis was inspired by a perceived need better to understand the unique description of unjust enrichment by the Australian courts, as a unifying legal concept. It demonstrates that concepts and principles are essential features of the common law because they identify the character and taxonomy of rules. The comparative study, encompassing Australian and English law primarily, and law of other jurisdictions, modern and ancient, elucidates the special characteristics of the concepts and principles of Anglo/Australian unjust enrichment and of concepts and principles generally. A like concept has had a place in the common law since its inception under several characterisations. It bears the mark of ancient Roman jurisprudence, but relates to independent principles. The jurisprudence was formed by special characteristics of its history. It is distinct from modern Roman/Dutch law but the doctrinal overtones of its foundational case law reflect the basis of reasoning which in Continental law, is found in the adopted ancient codes. It is this foundation of reasoning and the firm rejection of a normative general principle that makes Anglo/Australian law different in character and jurisprudence from unjust enrichment in USA and Canada. Stifled for centuries by quasi contract misconceptions, the law of unjust enrichment entered the modern law in the 20th C through the seminal judgements of Lord Wright in Fibrosa Spolka Akcyjna v Fairbairn Lawson Coombe Barbour Ltd, and related cases and through the strong judicial and juristic following they inspired. That “…any civilised system of law is bound to provide remedies for … unjust enrichment…” became an imperative across the common law world: it has long held a place in the Roman Dutch jurisdictions of South Africa and Continental Europe. The special character of unjust enrichment in Anglo/Australian law is focussed upon a unique action where-by the law imposes an obligation upon the establishment of a recognised ground. The notion of breach of a primary rule does not arise: the obligation is therefore a primary obligation imposed by law, as distinct from a remedy for a breach. Important consequences flow from the characteristic. The juristic development of unjust enrichment in the common law has long been the sole prerogative of the superior courts. The place of historical features of the jurisprudence has however been subsumed by modern judicial methodology that is slowly assuming a unifying pattern of reasoning from case to case; from one ground to another. This is the special characteristic of the unifying legal concept and English principle of unjust enrichment. The thesis draws widely based conclusions about concepts and principles of unjust enrichment and the actions and obligations they sponsor. It portrays them as the substance of legal reasoning and analyses underlying theory. to this end, it addresses counter juristic and historical arguments. Its central conclusion are that there are sound jurisprudential arguments for actions based upon a unifying legal concept and English principle of unjust enrichment, and that the explanation of the unjust enrichment concept as the foundation of an independent branch of the common law and taxonomy is theoretically sustainable. In this manner concepts and principles of the common law are demonstrated as critical characteristics of the common law at large.

Celebrating difference

This thesis examines short fiction and some poetry by writers from four different Australian cultural communities, the Indigenous community, and the Jewish, Chinese and Middle-Eastern communities. I have chosen to study the most recent short fiction available from a selection of writing which originates from each culture. In the chapters on Chinese-Australian and Middle-Eastern Australian fiction I have examined some poetry if it contributes to the subject matter under discussion. In this study I show how the short story form is used as a platform for these writers to express views on their own cultures and on their identity within Australian society. Through a close examination of texts this study reveals the strategies by which many of these narratives provide an imaginative literary challenge to Anglo-Celtic cultural dominance, a challenge which contributes to the political nature of this writing and the shifting nature of the short story genre. This study shows that by celebrating difference these narratives can act as a site of resistance and show a capacity to reflect and instigate cultural change. This thesis examines the process by which these narratives create a dialogue between cultures and address the problems inherent in diverse cultural communities living together.

Career in writing : Judah Waten and the cultural politics of a literary career

This thesis examines the literary career of Judah Waten (1911-1985) in order to focus on a series of issues in Australian cultural history and theory. The concept of the career is theorised as a means of bringing together the textual and institutional dimensions of writing and being a writer in a specific cultural economy. The guiding question of the argument which re-emerges in different ways in each chapter is: in what ways was it possible to write and to be a writer in a given time and place? Waten's career as a Russian-born, Jewish, Australian nationalist, communist and realist writer across the middle years of this century is, for the purposes of the argument, at once usefully exemplary and usefully marginal in relation to the literary establishment. His texts provide the central focus for individual chapters; at the same time each chapter considers a specific historical moment and a specific set of issues for Australian cultural history, and is to this extent self-contained. Recent work in narrative theory, literary sociology and Australian literary and cultural studies is brought together to revise accepted readings of Waten's texts and career, and to address significant absences or problems in Australian cultural history. The sequence of issues shaping Waten's career in writing is argued in terms of the following conjunctions of theoretical and historical categories: proletarianism, modernity and theories of the avant-garde; the "e;migrant"e; writer and minority literatures; realism, political purpose and narrative self-situation; communism, nationalism and literary practice in the cold war; utopianism and the "e;literary witness"e; narrative of the Soviet Union; assimilationism, multicultural theory and the "e;non-Anglo-Celtic"e; writer; theories of autobiographical writing, and autobiography in Waten's career. The purpose of the thesis is not to discover a single key to Waten's writing across the oeuvre but rather to plot the specific occasions of this writing in the context of the structure of a career and the cultural institutions within which it was formed.

Beyond mimesis : place, interpretation and response

My study examines the subjective nature of artistic interpretation through the notion of mimesis as process or transformation of material. Influential factors that mediate in the artistic process, such as memory, reflection and an awareness of cultural analogy and metaphor, are examined and related to a specific project in the studio, where the mediation process is further influenced by the materials used to produce the images. My studies of the concept of mimesis have revealed an intermediary realm that exists in the space between empirical reality and its interpretation. Throughout history the process of mimesis has been integral to all forms of the arts. In Plato's time the production of an image that simulated things as they appeared to the eye was considered a desired ideal. Aristotle later introduced developments which extended this concept to include a refiguring or reforming of material derived from the original source, making new connections between existing factors and in this transformation bringing new meanings to a symbolically constituted world. This discussion of the representation of reality, the influence of a dialogue between notions of imitation and the recreation of material continues throughout the exegesis. My study emphasises the interpretive stage of the mimetic process where a consideration of these themes is most relevant and some of the factors that can influence its outcome. It is my opinion that the production of images in response to the particularities of place can be defined in three stages. Firstly, the experience of the place; secondly, the beginning and maturation of the idea or concept; where mimesis takes place, and thirdly, the production of the art work in response. This process is illustrated in Part 2 of the exegesis, where the development of the studio work is documented and linked with the themes discussed in Part 1. The geographic site or place I selected to study is adjacent to Mt. Noorat, a volcanic site in the Western district of Victoria; the surrounding plains are littered with scoria that has been thrown out of the volcano thousands of years ago. Early British, Scottish and Irish settlers to this region used the stone to construct fences reminiscent of their homeland, through this activity they cleared the land and confined and protected their stock. My interests are in factors that include - the material of the stone, notions of enclosure and safety, of boundaries and circumscribed space, and of the cultural reflection that has taken place in this reconstruction of Eurocentric vision. These walls also represent the means by which land was enclosed and property defined, moving from a situation of public access to notions of ownership and the annexation of land for individual gain. Around each point of eruption, the craggy volcanic scoria has been used to create a constructed landscape which both symbolises and mirrors the Anglo - Celtic origins of the people. I have used the legend of Narcissus to illustrate the self-reflective and introspective processes that the settlers invoked in their attempts to come to terms with a strange land. I consider that the story of Narcissus, who fell in love with his own reflection, finds a parellel in the creation of the walls. The re-creation of artifacts from their own cultural environment provided the settlers with a familiar 'face' in an alien world; a reassurance of the familiar in an unfamiliar terrain. Part of this study is an investigation of this notion of landscape as cultural reflection. Geographers have long known that landscape is a cultural construct, an historically evolving ideal manifested in painting, prints and drawings as well as poetry, gardens and parks. One can view these constructions as illustrations or images of meaning which constitute representations of cultural ideals. The neo-classical influence reflected in the paintings of artists who accompanied the early expeditions to Australia demonstrates these themes. The medium of the mirror provides the opportunity to suggest aspects of a cultural reflection and an awareness of identity that has relevance to contemporary Australian culture, therefore, I have allowed it to play a major role throughout this study. Its role in mimesis, firstly, as a reflection in an imitative sense is established, then in its refigurative role, in which the similarities between the original and the reformed rely more on correlative factors than representation. I have used examples from the history of art to illustrate this potential. The formation and development of a narrative involving reflection threads throughout the thesis, both in the visual presentation and in the exegesis. The production of a body of paintings, drawings and sculpture reflect my interpretation and response to the particular site. The correspondences between these works and my theoretical concerns is articulated in the exegesis. The metaphor implied by the use of the walls as agents of enclosure also refers to the capacity of the individual to be confined by notional boundaries and restrictive practices where totalising systems of thought dominate theoretical debate and restrict its freedom. I have used images where gaps in the walls represent the potential implicit to the concept of liminal space, where the spectator moves from one physical space to another and from one stage of development to another. The threshold of this opening in the walls becomes the site where transformation can take place, a metaphor for the mimetic process where the initial experience is translated and transformed into the final product. The paintings, drawings and other works in this series fulfil the role of marks on the surface of the mirror, separating the initial experience from the processes of memory, reflection and speculation. The works draw attention to the materiality that they represent and yet provide the opportunity for new insights and experiences, allowing the subjective nature of artistic activity to combine symbolic elements relating to the site, resulting in the production of meaning.

Does Australia's treatment of non-citizens accord with its international human rights obligations? with specific reference to the treatment of on-shore refugees

The son of immigrants, I was motivated to write a paper addressing the issues of alienation and discrimination which confronts non-citizens upon arriving in Australia. Apart from descendants of Australia's indigenous population, the common bond shared by all citizens and permanent residents of Australia is that they are either themselves immigrants or are descended from immigrants. In this paper I will look at whether Australia's law and practice meets its international human rights treaty and convention obligations vis-a-vis non-citizens. To investigate this issue I trace the history of immigration to Australia and look at the political policies which influenced the treatment of non-citizens from 1788 to present times. In 1958 when my parents stepped upon Australian soil as displaced persons, Australia was a very different place from Australia in the 1990s. At that time Australia was still firmly under the influence of the 'White Australia Policy' which openly encouraged discrimination against non-anglo saxons. Since those times Australia has advanced to become one of the most culturally diverse nations in the world where multiculturalism is encouraged and a non-discriminatory immigration program is supported by both Australia's major political parties. However, notwithstanding the great social advances made in Australia in recent decades the traditional legal sources of law, namely, judicial pronouncements, statutes and the Commonwealth Constitution have not kept pace and it is my submission that Australia's body of law inadequately protects the rights of non-citizens when compared to Australia's international human rights convention and treaty obligations. This paper will consider these major sources of law and will investigate how they have been used in the context of the protection of the rights of non-citizens. It will be asserted that the weaknesses exposed in the Australian legal system can be improved by the adoption of a Bill of Rights1 which encompasses Australia's international human rights treaty and convention obligations. It is envisaged that a Bill of Rights would provide a framework applicable at the State, Territory and Federal levels within which issues pertaining to non-citizens could be resolved. The direction of this thesis owes much to the writings, advice and supervision of Dr. Imtiaz Omar who was always available to discuss the progress of this work. Dr. Omar is a passionate advocate of human rights and has been a tremendous inspiration to me throughout my writing. I owe a debt of thanks to the partners of Coulter Burke who with good nature ignored the sprawl of books and papers on the boardroom table, often for days at a time, thus enabling me to return to my writing from time to time as my inspirational juices ebbed and waned. Thanks also go to my typists Julie Pante, Vesna Dudas and Irene Padula who worked after hours and on weekends always without complaint, on the various versions of this thesis. My final acknowledgement goes to my wife Paula who during the years that I was working on this thesis encouraged me during my darker moments and listened to all my frustrations yet never doubted that I would one day complete the task successfully. I wish to thank her wholeheartedly for her motivation and belief in my abilities. The law relied upon in the thesis is as at the 30th June, 1998. Bill or Charter of Rights 'are taken to be enactments which systematically declare certain fundamental rights and freedoms and require that they be respected'. See Evans, G. 'Prospect and Problems for an Australian Bill of Rights' (1970) 3 Australian Year Book of International Law 1 at 16. Some such notable exception is the New Zealand Bill of Rights Act 1990, contained in an ordinary statute.

Accounting for goodwill on consolidation

The issue of accounting for goodwill has caused considerable concern to accountants and academics. For over 100 years there has been diversity of views as to the nature, recognition and measurement of goodwill. Such diversity of views has contributed to the adoption of a variety of accounting practices for goodwill, which has lead to attempts to regulate practice by accounting professions in the Anglo-American world. The research conducted involves a literature review to identify the concepts and definition of goodwill and the criteria for its recognition and measurement. the investigation will then concentrate upon goodwill arising on consolidation of the financial statements of a group of companies. Major accounting practices will be examined, along with the requirements of the australian and mojor overseas professions on the issue. The findings of a study of listed Australian companies which investigated the accounting policies adopted for goodwill on consolidation before and after regulation of the issue and which sought views upon some of the conceptual issues involved are reported and discussed. Implications of the research for the Australian accounting profession will be addressed, and recommendations will be propsed together with a description of future research opportunities.

Japanese investment on the Gold Coast : the interface of globalization and locality

This study explored the interface between the forces of globalization and a given place, at a given time, the Gold Coast during the 1980s. The global economic boom of the 1980s was one in which the role of Japan was particularly important. In less than half a decade capital flows from Japan surged to make it the world's largest investor. Locations in the Pacific Basin were favoured destinations for Japanese investment, one of the most significant was the Gold Coast. Japanese capital and tourism helped transform its urban area from a national resort to an international tourist destination and resort centre, The surge of capital arriving to the Gold Coast was a function of economic conditions in Japan, as was its steep reduction after November 1989, Thus the Gold Coast became integrated into global capital flows and so dependent on decisions made in Tokyo, one of the main financial centres of the world. However this study has also sought to explore a more complex reality; namely, that this place also became the interface of complex cultural forces and perceptions. The wealth of the Japanese investors on the Gold Coast enabled them to realize their dream of developing projects in the most fashionable global styles. These styles were essentially Western, and it was onto these that their Japanese owners ascribed their own meanings; meanings that reflected the cultural baggage that they had brought from Japan, and through which were filtered the economic and environmental realities of the Gold Coast. The Gold Coast as locality also included residents. Hence it became an interface between two different groups of people, the Japanese and the strongly Anglo-Celtic local community. Some in the local community perceived the Japanese presence as a threat to their perception of the Gold Coast, in fact, a threat to their perception of Australia's national identity. A campaign based on the politics of memory of the Japanese developed on the Gold Coast. Within weeks it became a national debate in which isolationalist, if not xenophobic traditionalists, concentrated on the Gold Coast challenged the economic rationalism and multicultural tolerance of the self-interested and ideologically convinced advocates of globalization. Governments at all levels sought to arbitrate, to legitimize standpoints, but more often than not were seen to move into positions of ineffectual flexibility. The forces of globalization on the Gold Coast were catalysts for change that in turn provoked local opposition which rapidly became a debate about national identity and direction. It is in the exploration of the complex and contradictory economic, cultural and political forces engendered by globalization that this study has sought to make a distinctive contribution.