Discourse of conscience in the assessment of voluntary assignments in equity

This article examines the continuing suitability of the existing Australian test for determining when a voluntary assignment of legal property has passed in equity. It suggests that the current test, which focuses upon the ‘completion’ by the donor of the all the necessary transfer formalities, and the underlying equitable maxims that support it, should be revised to better reflect the dual concerns of assignment and constructive trust. The article reviews the English authorities, in particular the English Court of Appeal in Pennington v Waine, which held that the equitable jurisdiction can validate a voluntary assignment of legal property where, in the circumstances, it would be unconscionable to allow the donor to resile. It is argued that this approach represents an appropriate progression because it provides greater scope for a particularised examination of the intention, circumstances and behaviour surrounding the purported assignment. A test which encourages greater contextual examination of the overall circumstances underlying the assignment process is consistent with the core expectations of equitable methodology. It supports the multi-layered process of determining whether a donor intended the assignment and further, whether that donor should be held liable as constructive trustee.

A duration analysis of the time from prospectus to listing for A-REIT IPOs

Dimovski (2010) finds that the time from prospectus registration to listing is significantly positively related to the amount of underpricing amongst 45 Australian Real Estate Investment Trust (A-REIT) initial public offerings (IPOs) from 2002 to 2008. This makes the understanding of the time from prospectus registration to listing for A-REITs an important matter. This study analyses 82 A-REIT IPOs from 1994 to 2008 using a Cox proportional hazard model to analyse the duration from prospectus date to listing date. The study finds that A-REIT IPOs issued after 2000 listed more quickly, as did those A-REITs that were underwritten and also those that sought to raise larger amounts of equity capital. Those that proposed higher debt to assets ratios in their prospectuses listed more slowly. When the data is partitioned into 1994 to 1999 and 2002 to 2008 groupings, earlier A-REIT IPOs listed more quickly if they were larger while in the more recent group, those that had higher debt to asset ratios took longer to fill their subscriptions.

Expansion and equity in Australian higher education : three propositions for new relations

This article outlines three broad propositions for student equity in Australian higher education (HE), arising from the Australian Government's recent policy announcement to expand and widen student participation. The first is that a new relationship between student demand for places and their supply is on the horizon, unlike any other in Australia's history. Specifically, demand will struggle to match the intended supply. Given these new arrangements between government, institution and applicant, the article's second proposition is that governments and universities will need to develop a new regard for the people they seek to attract. And, following on from this, they will need to pay more attention to the nature of HE and its appeal to people who traditionally have not been all that interested. Informing this account are an examination of statistical data, analysis of university outreach programs, and a comparison of current principles of effective teaching in HE. The article concludes that advancing student equity in the current context will require new relations between institutions and students, which include a more sophisticated appreciation for the diversity of students and their communities, and for what they potentially contribute to HE.

Mobility, aspiration, voice : a new structure of feeling for student equity in higher education

There is a changed ‘structure of feeling’ emerging in higher education systems, particularly in OECD nations, in response to changed social, cultural and economic arrangements. Taking a student equity perspective, the paper names this change in terms of ‘mobility’, ‘aspiration’ and ‘voice’. It argues that (1) new kinds and degrees of mobility are now a significant factor in sustaining unequal access to and experience of higher education for different student groups, (2) despite government and institutional aspirations to expand higher education, students' desires for university are not a given among new target populations and (3) while universities are seeking to enroll different students in greater numbers, the challenge now is how to give greater voice to this difference. Drawing on these themes of mobility, aspiration and voice and taking recent changes to higher education policy in Australia as the case, the paper presents a new conceptual framework for thinking about student equity in HE. The framework extends from established approaches that focus on barriers to accessing higher education in order to focus on people's capacities in relation to higher education participation.

Student equity's starring role in Australian higher education : not yet centre field

The field of Australian higher education has changed, is changing and is about to change, repositioned in relation to other ‘‘fields of power’’. It is a sector now well defined by its institutional groupings and by their relative claims to selectivity and exclusivity, with every suggestion of their differentiation growing. The potential of a ‘‘joined-up’’ tertiary education system, of vocational education and training (VET) and universities, has the potential to further rework these relations within Australian higher education, as will lifting the volume caps on university student enrolments. Moreover, Australian universities now compete within an international higher education marketplace, ranked by THES and Shanghai Jiao Tiong league tables. ‘‘Catchment areas’’ and knowledge production have become global. In sum, Australian universities (and agents within them) are positioned differently in the field. And being so variously and variably placed, institutions and agents have different stances available to them, including the positions they can take on student equity. In this paper I begin from the premise that our current stance on equity has been out-positioned, as much by a changing higher education field as by entrenched representations of social groups across regions, institutions, disciplines and degrees. In taking a new stance on equity, the paper is also concerned with the positioning in the field of a new national research centre with a focus on student equity in higher education. In particular, the paper asks what stance this new centre can take on student equity that will resonate on a national and even international scale. And, given a global field of higher education, what definitions of equity and propositions for policy and practice can it offer? What will work in the pursuit of equity?

Influencing health equity : role of the effective consumer scale in measuring skills and abilities in a middle income country

The 2008 World Health Report emphasizes the need for patient-centered primary care service delivery models in which patients are equal partners in the planning and management of their health. It is argued that this involvement will lead to improved management of disease, improved health outcomes and patient satisfaction, better informed decision-making, increased compliance with healthcare decisions, and better resource utilization. This article investigates the domains captured by the Effective Consumer Scale (EC-17) in relation to vulnerable population groups that experience health inequity. Particular focus is paid to the domain of health literacy as an area fundamental to patients’ involvement in managing their condition and negotiating the healthcare system. In examining the possible influence of Outcome Measures in Rheumatology Clinical Trials (OMERACT) on health equity, we used the recent translation and validation of the EC-17 scale into Spanish and tested Argentina as an example. Future plans to use the EC-17 with vulnerable groups include formal collaboration and needs assessment with the community to tailor an intervention to meet its needs in a culturally relevant manner. Some systematic reviews have questioned whether interventions to improve effective consumer skills are appropriate in vulnerable populations. We propose that these populations may have the most to gain from such interventions since they might be expected to have relatively lower skills and health literacy than other groups.

Building equity in chronic disease management in Thailand : a whole-system provincial trial of systematic, pro-active chronic illness care

Thailand has a history of implementing innovative and proactive policies to address the health needs of its population. Since 1962 Thailand has implemented initiatives that led to it having a health system characterized by a primary care focus, decentralization and mechanisms to maximize equity and universal access to basic care at the local level. Thai health structures initially evolved to meet challenges including infectious and developmental diseases and later HIV. Early in the 21st century chronic illness rapidly became the greatest cause of morbidity and mortality and the question has arisen how Thailand can adapt its strong health system to deal with the new epidemics. This article describes an effort to reorient provincial health services to meet the needs of the increasing number of people with diabetes and heart disease. It describes measures taken to build on the equity-promoting elements of the Thai health system. The project included; a situational analysis, development and implementation of a chronic disease self-management intervention implemented by nurses and alignment of provincial health services. The self-management intervention is currently being evaluated within a clustered randomized control trial. The evaluation has been developed to fit with the focus on equity in relation to both selection criteria and the outcomes that are being assessed.

Sector lobbies independents : don't wreck equity program

The Coalition’s plans could destroy new-found unity over equitable access to higher education, the rural independents have been warned.

Income support best way of fixing equity : Go8

The Go8 has broken ranks with other university groups in suggesting that base funding shouldn’t have an equity component.

Equity improvements queried

More disadvantaged students applied for university last year. But not enough, according to the experts.