A comparative analysis of directors' duty of care, skill and diligence in South Africa and in Australia

The South African and Australian law regarding directors' duty of care, ski ll and diligence were influenced considerably by English precedent of the late 1800s and early 19005. Originally both jurisdictions adopted a conservative approach towards directors' duty of care, skill and diligence. This resulted in very low standards of care, skill and diligence expected of directors. In Australia, the standards of care and diligence expected of directors changed drastically with the case of Daniels v Anderson, where objective standards were used to determine a breach of directors' duty of care and diligence, and when objective standards of care and diligence were introduced in Australian corporations legislation. In this article it is submitted that if the opportunity arose for a South African court to consider whether a director is in breach of his or her common law duty of care, skill and diligence, the form of fault that will be required will be negligence as judged against the standards of a reasonable person. This means that in actual fact objective standards of care and diligence are expected of directors in South Africa. Although section 76(3) of the South African Companies Act 71 of 2008 does not introduce purely objective standards of care, skill and diligence, the section is defended in this article. It is pointed out that encouraging emerging entrepreneurs to become directors of South African companies provides justification for keeping subjective elements as part of the test to determine whether a director was in breach of his or her statutory duty of care, skill and diligence.

Inspired by the past, driven by the passion: music in state-supported education in New South Wales and Victoria 1848-1920

This investigation considers the development of class music teaching in New South Wales and Victoria during the first seventy-two years of state-supported primary education. The first chapter describes the English background including music teaching methods (resulting from the mid-nineteenth century English choral singing movement) and the subsequent development of music teaching in English elementary schools. The promotion of school music is then considered on a broadly chronological basis in the two states and several themes are identified in relation to school music policy and practice. These include the status of music (core curriculum or extra-curricular subject), who should teach music (generalist or specialist teachers), what teaching methods and music notation should be used (staff or Tonic Sol-fa), musical training for generalist teachers, and curriculum content in relation to the aims and objectives of school music. Comparisons are made between developments in both states and between both states and English school music. The final chapter demonstrates the relevance of many of the historical themes identified for music education today. The thesis concludes by identifying a recurring problem from the past. namely the lack of co-ordination between various aspects of school music policy, as the most serious problem to be overcome in the future.

A new genus of Rhynchonellid Brachiopod from the Lower Triassic of South China and Implications for timing the recovery of Brachiopoda after the end-Permian mass extinction

A new genus, Meishanorhynchia, is proposed based on new material from the Lower Triassic of the Meishan section, South China. It is of a late Griesbachian age based on both associated biozones (ammonoids and
bivalves) and radiometric dates of the intercalated volcanic ash beds. Comparison with both Palaeozoic and Mesozoic-Cenozoic-related genera suggests that it may represent the first radiation of progenitor brachiopods in the aftermath of the end-Permian extinction. The lowest brachiopod horizon that contains the genus is estimated to be about 250.1±0.3 Ma. This implies that the initial stage of recovery of Brachiopoda in the Early Triassic was probably about 1.3±0.3 myr after the major pulse of the end-Permian mass extinction (dated as 251.4±0.3 Ma). This is in agreement with Hallam's expectancy that biotic recovery typically begins within one million years or so of major mass extinctions, in contrast to current views on the end-Permian extinction event which propose that the recovery of most if not all biotic groups in the Early Triassic was severely delayed and only began about five million years after the end-Permian extinction.

Educational enrolment of students with a disability in New South Wales and Victoria

The extent to which legislation and special education policy have impacted on the nature of the educational enrolment of students with a disability in Australia has not been clearly addressed. Although there are no detailed and systematic national data on the enrolment of students with a disability in inclusive settings, special classes and special schools in Australia, some broad trends are apparent. The legislative background to these trends is discussed. As might be expected, there are variations in the nature of the educational enrolment of students with a disability across the states and territories of Australia. Enrolment trends in the two most populous states, New South Wales and Victoria, are examined and discussed within the context of their respective special education policies, disability discrimination legislation, and educational precedent.

Markers of inflammation in South Asian and European infants from birth to 2 years in Manchester, UK

Inflammatory markers, including serum C-reactive protein (CRP), are predictors of coronary heart disease (CHD) in adults. South Asians in the UK have higher rates of CHD in adulthood than national rates.We tested the hypotheses that South Asian infants would have higher serum concentrations of CRP and homocysteine than European infants up to 2 years of age and that higher infant weight is associated with elevation of inflammatory markers. Infants of South Asian and European origin were investigated in a mixed cross sectional-longitudinal cohort study. Mothers were recruited ante-natally from St Mary’s Hospital,Manchester by postal invitation and telephone call to non-responders. Infants with metabolic or congenital abnormalities, known syndromes or pre-maturity were excluded. Measurements were collected at birth and either 3, 6, 12 or 24 months. High sensitivity CRP and homocysteine were measured by an immulite immunoassay. We used mixed linear modelling to assess whether infant weight, ethnicity, length of follow-up or their interaction were associated with inflammatory makers in infants during follow-up. Data are presented on 306 infants (109 South Asian and 197 European). We found that European infants had higher serum CRP than South Asian infants during follow-up which was of borderline significance.There was no difference in serum homocysteine between ethnic groups during followup and no significant interaction between ethnicity and follow-up. Infant weight was significantly associated with CRP but not homocysteine. In this ongoing longitudinal study,we found little difference in inflammatory markers in infants from birth to 2 years despite markedly higher rates of CHD in South Asian than European adults. Life course exposure to risk factors may play a more dominant role in the development of CHD.

Latest Guadalupian brachiopods from the Guadalupian/Lopingian boundary GSSP section at Penglaitan in Laibin, Guangxi, South China and implications for the timing of the pre-Lopingian crisis

A brachiopod fauna comprising nine species in eight genera from three closely spaced stratigraphic horizons of the same stratigraphic section is described for the first time from the Laibin Limestone in the uppermost part of the Maokou Formation in the Guadalupian/Lopingian (G/L) GSSP section at Penglaitan, Guangxi Autonomous Region, South China. The brachiopod assemblages are bracketed between two conodont zones: Jinogondolella xuanhanensis Zone below and Jinogondolella granti Zone above and, therefore, they can be safely assigned to the latest Capitanian in age. However, all but one of the nine brachiopod species from the Laibin Limestone carry strong early Lopingian (Wuchiapingian) aspect. Thus, the discovery of this brachiopod fauna not only suggests that some Lopingian brachiopod species had already appeared in the late Guadalupian (Capitanian); more importantly, it has also highlighted the fact that both the previously noted pre-Lopingian life crisis (or end-Guadalupian or Middle Permian mass extinction) and Lopingian recovery/radiation actually occurred in late Capitanian times, sometime before the G/L chronostratigraphic boundary. So far, the Penglaitan GSSP section provides the highest-resolution disappearance patterns of different fossil groups around the G/L boundary.

Zoophycos composite ichnofabrics and tiers from the Permian neritic facies in South China and south-eastern Australia

Zoophycos composite ichnofabrics (ZCI) comprising two or more suites of the same form of Zoophycos are widespread and densely distributed in Early and Middle Permian (Cisuralian–Guadalupian) neritic limestones (Qixia and Maokou Formations) of palaeotropical origin in the Laibin area, Guangxi, South China. Similar ZCI also occur in neritic greywackes of glaciomarine origin from the Middle Permian (Guadalupian) Westley Park Sandstone Member (Broughton Formation) in the southern Sydney Basin, southeastern Australia. Zoophycos from both regions consists of planar spreite with major and minor lamellae and a cylindrical tunnel interpreted as a marginal tube and ⁄ or axial shaft. The cylindrical tunnel is herein considered to be an essential component of Zoophycos, and thus can be used to define and characterize the morphological variability of Zoophycos. It is suggested that the variation of spreite and major and minor lamellae originated from the different morphologies and migration manners of the cylindrical tunnel. The shallowest, shallow, middle and deepest Zoophycos tiers have been distinguished in ZCI on the basis of cross-cutting relationships, the soft-sediment deformation and the contrast in colour between Zoophycos and its host rock. The multiple tiers may represent the substrate consistency spectrum from a softground through a stiffground to a firmground.The different Zoophycos tiers may have been constructed by tracemakers of either different or the same taxonomic affinities in response to the gradual accretion and lithification of sediment layers on the seafloor. The tracemakers appeared to be very sensitive to neither climate nor lithology. The width of the planar spreiten of Zoophycos decreases slightly with the depth of tiering in ZCI

Business ethics and accounting students : Australia, South Asia and East Asia

Recent corporate collapses around the world show that there are no national boundaries for these occurrences. Australian corporate collapses including HIH Insurance, One.Tel, Ansett Australia and Harris Scarfe have raised public expectations of investigation of the causes of collapses (Mirshekary, Yaftian & Cross, 2005). The main reason for the collapse of HIH was mismanagement, with an emphasis more on the directors’ personal qualities such as integrity, honesty and morality rather than tougher legislation and rules. Accounting students are our future business leaders. The teaching of ethics in the classroom to multicultural groups of students provides an opportunity to facilitate the sharing of knowledge, and to increase interaction and debate around different approaches to ethics among students from different countries.
This study uses previous literature to explain the attitudes of accounting students towards academic and business/accounting ethics at an Australian university which is a multi-campus institution undertaking programs and activities at regional, national, international levels and by distance education.
This study reports the results of cross-cultural investigations of students’ ethical perceptions on moral values, academic and accounting/business vignettes, given that all students share the same learning opportunities, knowledge of ethics and interaction with their peers and lecturers. The results indicate no significant differences in responses between the students from Australia, South Asia and East Asia.

The aftermath of provocation : homicide law reform in Victoria, New South Wales and England.

Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among criminological scholars and legal stakeholders in Australia and the United Kingdom. In response to these debates, criminal jurisdictions have conducted reviews of the partial defences to murder and implemented reforms targeted at reducing gender bias in the law which has played out through the operation of the partial defence of provocation. This research examines the different approaches taken to addressing the problem posed by provocation in Victoria, New South Wales and England. In doing so, it explores questions around the need for reform to the law of homicide, the effects of these reforms in practice, and the influential role of sentencing in questions surrounding homicide law reform. Throughout the analysis key frameworks of criminological thought in relation to feminist engagements with the law, the conceptualisation of denial and the influence of law and order politics upon the development of criminal justice policy are applied. By drawing on 81 in-depth interviews conducted with legal stakeholders across the three jurisdictions under study, and an analysis of relevant case law, this research concludes that reforms implemented to counter gender bias in the operation of homicide law have produced mixed results in practice, particularly in connection to the law’s response to three key categories of person in the courtroom: the jealous man, the female victim of homicide, and the battered woman.

Cancrinella and Costatumulus (Brachiopoda) from the Permian of South Mongolia and South China : their morphology, biostratigraphy and distribution

Two brachiopod genera, Cancrinella Fredericks and Costatumulus Waterhouse, are studied from the Permian of South Mongolia and South China. Many of the specimens previously described as Cancrinella are revised and assigned to Costatumulus. The new data presented in this paper indicate that these two genera are similar to each other, but are distinguishable by different features in relation to their morphology. Several species of both genera are described here, providing critical new information on the morphology and taxonomy of Cancrinella and Costatumulus. The reported biostratigraphical information reveals that species of Cancrinella are present from the Lower Carboniferous (Tournaisian) to Middle Permian (Capitanian), whereas species of Costatumulus are mostly restricted to the Lower Permian (Sakmarian) to Upper Permian (Changhsingian). An analysis of the palaeogeographical distribution of Cancrinella and Costatumulus reveals that Cancrinella was more commonly distributed in the Northern Transitional Zone and the Boreal Realm, in contrast to Costatumulus, which tended to be more common in the Southern Transitional Zone and Gondwanan Realm.