Defendants' liability for pure mental harm to third parties in Australia : still a work in progress

In Australia, both common and statutory law allows compensation for negligently occasioned recognised psychiatric injury, but distinguishes between pure mental harm and consequential mental harm. This column briefly discusses the concept of pure "mental harm" and the major Australian cases relating to defendants' liability to third parties for causing them pure mental harm (Jaensch v Coffey (1984) 155 CLR 549 [PDF]; Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 [PDF]; Sullivan v Moody (2001) 207 CLR 562 [PDF]; and Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 [PDF]). The analysis focuses on judicial approaches to determining liability in these cases, especially causation. Lack of guiding principles and precise tests for attribution of liability are illustrated by Kemp v Lyell McEwin Health Service (2006) 96 SASR 192 [PDF]. This case is analysed first in the context of common law, and then in the light of the reform legislation contained in the Civil Liability Act 1936 (SA) and similar provisions in other jurisdictions.

Short-term food deprivation does not improve the efficacy of a fish oil finishing strategy in Murray cod

Two groups of fish (Maccullochella peelii peelii) were fed for a 90-day conditioning period on a canola oil diet (CO) or a fish oil diet (FO). Canola oil diet fed fish were then shifted to the FO diet for a 90-day finishing period. A variable period of  starvation (0, 5, 10 and 15 days) was introduced to reduce the initial lipid level of CO fed fish at the beginning of the finishing period and therefore accelerate the rate of recovery of FO-like fatty acids. During starvation, fish did not show  significant reduction in total lipid content, either in the fillet or whole body. At the end of the conditioning period, fatty acid composition of the diet was mirrored in fish tissues. These differences came close to levelling out following re-feeding, with the exception of n - 6 polyunsaturated fatty acids (PUFA). However, no  effects of the starvation periods on the final fatty acid make-up of fish were recorded. The results of this trial show that Murray cod, when subjected to a starvation period of up to 15 days, does not lose an appreciable quantity of lipid and, therefore, the tested starvation approach to reduce the initial level of lipid has to be considered unsuccessful. 

The miscibility of poly(d,l-lactide-co-glycolide) with amphiphilic molecules and the interaction of their mixtures with DNA at air/water interface

The miscibility of poly(d,l-lactide-co-glycolide) (PLG) with three amphiphilic molecules and the interaction of the PLG/surfactant mixtures with DNA at air/water interface are investigated by π-A isotherms, Brewster angle microscopy (BAM) and atomic force microscopy (AFM) techniques. The π-A isotherms of the PLG mixtures with cationic C12AzoC6PyBr, and C12AzoC6N(CH3)3Br, are quite different from the π-A isotherm of pure PLG on water subphase. In contrast to the case, the π-A isotherm of PLG mixed with nonionic C12AzoC6OPy is almost identical to the pure PLG except some increasing of molecular area. Similar phenomena are observed on DNA subphase. The in situ BAM and ex situ AFM observations demonstrate that the dispersion of PLG at air/water interface becomes good when it mixes with the two cationic surfactants, whereas quite poor due to the phase separation when it mixes with the nonionic amphiphilic molecule. Based on these results we conclude that the cationic surfactants can affect the conformation change of PLG at air/water interface and figure a well miscibility with polymer whereas the nonionic amphiphilic molecule presents poor miscibility. In addition, the even mixing of the PLG and the cationic surfactants is favorable for the adsorption to DNA more effectively.

Monolayer behavior of a pyridyl head-group-containing amphiphile and its miscibility with poly(D,L-lactide-co-glycolide) on different pH subphase

In this paper, we investigated the Langmuir film and Langmuir–Blodgett (LB) monolayer film of a nonionic amphiphilic molecule, 4-(6-p-pyridyloxyl)hexyloxyl-4′-dodecyloxylazobenzene (C12AzoC6Py) and its mixture with poly(d,l-lactide-co-glycolide) (PLG) at different subphase pH values (2.0, 2.6, 3.3, 4.4, and 6.5, respectively) by surface pressure–area (π–A) isotherms, in situ interface Brewster angle microscopy (BAM), and ex situ atomic force microscopy (AFM). For pure C12AzoC6Py, its π–A isotherms display a plateau when the subphase pH value is lower than 3.0. The pressure of the plateau increases with the decrease of pH until 2.0. Over the plateau, the π–A isotherms become almost identical to the one under neutral conditions. The appearance of such a plateau can be explained as the coexistence of protonation and unprotonation of pyridyl head groups of the employed amphiphile. In contrast to the homogeneous surface morphology of pure C12AzoC6Py near the plateau by BAM observation, the surface in the case of its mixing with PLG exhibits a dendritic crystalline state under low surface pressure at subphase pH lower than 3.0. The crystalline state becomes soft and gradually melts into homogeneous aggregates with surface pressure increasing to a higher value than that of the plateau. Meanwhile, the hydrolysis of PLG in the mixture system at the interface has been affirmed to be restrained to a very large extent. And the PLG was believed to be compelled to the up layer of the LB film due to the phase separation, which is examined by AFM. Based on the experimental results, the corresponding discussion was also performed.

Trends in food intake in French children from 1999 to 2007 : results from the INCA (étude Individuelle Nationale des Consommations Alimentaires) dietary surveys

The objectives of the present study were to assess the intake of different food groups in French children aged 3–17 years (n 1455), and to analyse trends since a dietary survey undertaken 8 years ago. Dietary intake was evaluated using data from the 2006–7 cross-sectional INCA2 national dietary survey (étude Individuelle Nationale sur les Consommations Alimentaires), based on a 7 d food record. Dietary intake (percentage of subjects consuming the food group and amount eaten) was assessed for thirty-nine food categories. We observed variations in food consumption by age, sex, North–South regional gradient, seasonal period and educational level of the responding parent. Trends in dietary intake between 1999 and 2007 were determined by comparing the INCA1 (n 1126) and the INCA2 surveys. Both surveys had been carried out using the same methodology. The findings showed a decrease in energy intake in children aged 3–14 years, due to a reduction in the consumption of foods of animal origin and sweetened products. In adolescents aged 15–17 years, energy intake remained rather stable; during this 8-year period, the consumption of meat decreased, whereas the consumption of savoury snacks such as sandwiches and hamburgers significantly increased. These trends occurred during a time of growing concern about overweight and the associated co-morbidities in France. A number of public health measures were implemented over this period to improve dietary habits and physical activity patterns in children and adults. The periodic monitoring of dietary patterns through the INCA surveys is an essential part of the surveillance network in France.

Antibacterial activity of stevioside towards food-borne pathogenic bacteria

This study determines the inhibitory effect of Stevia rebaudiana leaf extracts and its purified bioactive compound ‘stevioside’ against food-related pathogens. The S. rebaudiana solvent extracts (1000 μg/mL) displayed antibacterial activity to Serratia marcescens, Klebsiella pneumoniae, Bacillus cereus, Pseudomonas aeruginosa, B. subtilis, Alcaligenes denitrificans and Salmonella typhimurium. Of the six solvents, ethanol and acetone extracts displayed the highest zone of inhibition. The bioactive compound from S. rebaudiana was purified by solvent extraction, thin-layer chromatography followed by structural characterization by spectroscopy evidence. Purified stevioside prevented the growth of tested bacterial species, i.e. B. subtilis, K. pneumoniae and S. typhimurium. Significant zone of inhibition (12 mm) was observed against B. cereus which proposes potential application of stevioside in foods to increase their shelf life.

Mutually assured destruction or co-dependence? The G20 and the UN

The G20 forum has acted to crystallise important changes in the architecture of global governance emerging since the 1970s. This has seen the locus of power shift away from the United Nations (UN) System as smaller and poorer states become increasingly adept at exercising their power within UN structures. Yet it is too simple to set the G20 against the UN, for example as minilateralism versus multilateralism. While the UN seems increasingly constrained and less relevant, it is not about to disappear. Moreover, we argue there are two significant obstacles to the G20 claiming the mantle of dominant global governance institution. First, that minilateralism is still a form of multilateralism, and ultimately subject to the same problems with the generation of consensus if extended, as in the G20, to include sufficiently diverse state members for a claim of legitimacy. Second, its emergence from the Global Financial Crisis and historical focus on financial governance means its agenda is excessively narrow at a time when food and environmental crises command similar global political significance. We conclude by considering some of the different elements of the emerging G20/UN dynamic, and whether this emerging dialectic can enhance prospects for wide ranging reforms to global trade, finance and economic structures that are currently incapable of functioning sustainably or preventing wide scale famine.

Comparison of food industry policies and commitments on marketing to children and product (re)formulation in Australia, New Zealand and Fiji

Unhealthy food environments are known to be major drivers of diet-related non-communicable diseases globally, and there is an imperative for major food companies to be publicly accountable for their actions to improve the healthiness of food environments. This paper examines the prevalence of publicly available policies and commitments of major packaged food and soft drink manufacturers, and fast-food restaurants in Australia, New Zealand and Fiji with respect to reducing food marketing to children and product (re)formulation. In each country, the most prominent companies in each sector were selected. Company policies, commitments and relevant industry initiatives were gleaned from company and industry association websites. In Australia and New Zealand, there are a higher proportion of companies with publicly available marketing and formulation policies than in Fiji. However, even in Australia, a large proportion of the most prominent food companies do not have publicly available policies. Where they exist, policies on food marketing to children generally focus on those aged less than 12, do not apply to all types of media, marketing channels and techniques, and do not provide transparency with respect to the products to which the policies apply. Product formulation policies, where they exist, focus mostly on salt reduction and changes to the make-up of overall product portfolios, and do not generally address saturated fat, added sugar and energy reduction. In the absence of strong policies and corresponding actions by the private sector, it is likely that government action (e.g. through co-regulation or legislation) will be needed to drive improved company performance.

Seasonal stress physiology and body condition differ among co-occurring tropical finch species.

Seasonal changes in avian hormonal stress responses and condition are well known for common species found at temperate and arctic latitudes, but declining and tropical species are poorly studied. This study compares stress and condition measures of co-occurring declining and non-declining tropical grass finch species in Australia. We monitored declining Gouldian finches (Erythrura gouldiae) and non-declining long-tailed and masked finches (Poepila acuticauda and P. personata) during two seasons that are potentially stressful: peak breeding (early dry season when food is plentiful) and moult (late dry to early wet season when food may be scarce). We measured body condition (muscle and fat), haematocrit, and stress response to capture using plasma corticosterone and binding globulin concentrations. All species had higher muscle and lower fat indices during breeding than moult. Haematocrit did not consistently differ between seasons. Long-tailed finches had higher stress responses during breeding than moult, similar to other passerines studied. Masked finches showed no seasonal changes in stress response. Gouldian finches had stress response patterns opposite to those of long-tailed finches, with higher stress responses during moult. However, seasonal trends in Gouldian and long-tailed finch stress responses sometimes differed between years or sites. The differences in stress response patterns between species suggest that the declining Gouldian finch is more sensitive to recent environmental changes which are thought to further reduce grass seed food resources during the late dry to early wet season. Retention of stress responsiveness during a protracted moult could increase the survival potential of Gouldian finches. This study highlights the utility of stress and condition indices to determine the sensitivity of co-occurring species to environmental conditions.

Individual (co)variation in standard metabolic rate, feeding rate, and exploratory behavior in wild-caught semiaquatic salamanders

Repeatability is an important concept in evolutionary analyses because it provides information regarding the benefit of repeated measurements and, in most cases, a putative upper limit to heritability estimates. Repeatability (R) of different aspects of energy metabolism and behavior has been demonstrated in a variety of organisms over short and long time intervals. Recent research suggests that consistent individual differences in behavior and energy metabolism might covary. Here we present new data on the repeatability of body mass, standard metabolic rate (SMR), voluntary exploratory behavior, and feeding rate in a semiaquatic salamander and ask whether individual variation in behavioral traits is correlated with individual variation in metabolism on a whole-animal basis and after conditioning on body mass. All measured traits were repeatable, but the repeatability estimates ranged from very high for body mass (R = 0.98), to intermediate for SMR (R = 0.39) and food intake (R = 0.58), to low for exploratory behavior (R = 0.25). Moreover, repeatability estimates for all traits except body mass declined over time (i.e., from 3 to 9 wk), although this pattern could be a consequence of the relatively low sample size used in this study. Despite significant repeatability in all traits, we find little evidence that behaviors are correlated with SMR at the phenotypic and among-individual levels when conditioned on body mass. Specifically, the phenotypic correlations between SMR and exploratory behavior were negative in all trials but significantly so in one trial only. Salamanders in this study showed individual variation in how their exploratory behavior changed across trials (but not body mass, SMR, and feed intake), which might have contributed to observed changing correlations across trials.

Reducing the risk of heart disease among Indian Australians: knowledge, attitudes, and beliefs regarding food practices - a focus group study

BACKGROUND: Australia has a growing number of Asian Indian immigrants. Unfortunately, this population has an increased risk for coronary heart disease (CHD). Dietary adherence is an important strategy in reducing risk for CHD. This study aimed to gain greater understanding of the knowledge, attitudes and beliefs relating to food practices in Asian Indian Australians. METHODS: Two focus groups with six participants in each were recruited using a convenience sampling technique. Verbatim transcriptions were made and thematic content analysis undertaken. RESULTS: Four main themes that emerged from the data included: migration as a pervasive factor for diet and health; importance of food in maintaining the social fabric; knowledge and understanding of health and diet; and elements of effective interventions. DISCUSSION: Diet is a complex constructed factor in how people express themselves individually, in families and communities. There are many interconnected factors influencing diet choice that goes beyond culture and religion to include migration and acculturation. CONCLUSIONS: Food and associated behaviors are an important aspect of the social fabric. Entrenched and inherent knowledge, attitudes, beliefs and traditions frame individuals' point of reference around food and recommendations for an optimal diet.

Climate change as an unexpected co-factor promoting coral eating seastar (Acanthaster planci) outbreaks

Coral reefs face a crisis due to local and global anthropogenic stressors. A large proportion of the ~50% coral loss on the Great Barrier Reef has been attributed to outbreaks of the crown-of-thorns-seastar (COTS). A widely assumed cause of primary COTS outbreaks is increased larval survivorship due to higher food availability, linked with anthropogenic runoff . Our experiment using a range of algal food concentrations at three temperatures representing present day average and predicted future increases, demonstrated a strong influence of food concentration on development is modulated by temperature. A 2°C increase in temperature led to a 4.2–4.9 times (at Day 10) or 1.2–1.8 times (Day 17) increase in late development larvae. A model indicated that food was the main driver, but that temperature was an important modulator of development. For instance, at 5000 cells ml−1 food, a 2°C increase may shorten developmental time by 30% and may increase the probability of survival by 240%. The main contribution of temperature is to ‘push’ well-fed larvae faster to settlement. We conclude that warmer sea temperature is an important co-factor promoting COTS outbreaks.