What do you do with a High Court decision you don’t like? Legislative, judicial and academic responses to Gambotto v WCP Ltd

The decision of the High Court of Australia in Gambotto v WCP Ltd wasboth controversial and widely debated. Some saw the decision as radically altering the balance of power in corporate law by granting minority shareholders extensive new powers to prevent the compulsory acquisition of their shares and thereby impeding commercial transactions that would benefit companies. There was also concern that the principles developed by the High Court for compulsory acquisition of shares undertaken by way of amendment of the corporate constitution would apply to other forms of compulsory acquisition, and corporate law more generally, again impeding many types of corporate transactions.We analyse the responses to the High Court decision. The decision had the potential to have a significant influence on Australian corporate law and the way corporate transactions involving compulsory share acquisitions are conducted. In particular, Gambotto was considered in more than 50 subsequent judgments giving many judges the opportunity to extend the Gambotto principles into new areas.We show that the responses to Gambotto were largely negative. Initial commentary in themedia and subsequent academic commentary was mostly critical. Almost uniformly, courts decided that the principles should not be extended.Parliament responded by enacting new provisions in the corporationslegislation facilitating the compulsory acquisition of shares and limiting the application of Gambotto. We document how courts and Parliamentresponded to a decision they did not like — a decision that had the potential to have major implications for corporate law and commercial transactions.We also analyse Gambotto by placing it in the broader political context ofthe role of the High Court at the time of the decision. Gambotto was decided when the High Court was in a period of unprecedented judicial activism.Subsequently, the High Court retreated from this judicial activism and weobserve similarities in how other courts restricted the application ofGambotto.

Banjos on the snowy : implementing e-activism in education

e-Activism (the use of ICT in support of environmental action) aims to develop students' knowledge, skills and attitudes to make them proficient in using ICT to achieve environmental and political goals.  This requires teachers to be able to create appropriate ICT-based learning environments.  This paper dicusses a particular pedagogical design and demonstrates its relationship to real-world political and environmental action.

Judicial and Legislative Considerations in the Taxation of Compensation Receipts: An International Comparison

In 1995 the Federal Commissioner of Taxation released Taxation Ruling TR 95/35 - an attempt to comprehensively address the appropriate capital gains tax treatment of a receipt of compensation awarded either by the courts or via a settlement - still a lack of consensus regarding the appropriate treatment of such awards - a private binding ruling presently the only way a taxpayer can determine their liability with any certainty - the Australian position compared to that of the United Kingdom and Canada.

Judicial responses to the protected confidential communications legislation in Australia

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offences. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offences and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.

A new relationship between planning and democracy? Urban activism in Melbourne 1965-1975

This paper is a reflective overview of urban social protest in the years 1965-1975 and its influence on post-war planning, especially on models of public participation in planning, and conceptions of effective local democracy. Drawing extensively on a major study of urban activism in Melbourne, Australia, the paper discusses the political and organisational strategies used by activists in Melbourne’s inner city areas to resist the large-scale planning/urban renewal projects especially of the Victorian state government. The paper focuses on Melbourne’s inner city Residents’ Action Groups and examines their motivations, strategies and rationales, placing them within an international context of urban protest movements demanding local democracy and consultation. The paper concludes that the Melbourne urban protest movements of the late 60s and early 70s deserve recognition for their contribution to inclusive, consultative processes in planning decision-making. This is done within a context of questioning contemporary academic discussion around the interpretative concept of gentrification, widely and indiscriminately applied to this and later periods of urban change.

Prevention of suicide : police powers, parliamentary intent and judicial interpretation

While in most countries suicide is no longer a crime, it is also acknowledged that the state has an interest in the preservation of human life, prevention of suicide, and protection of vulnerable persons from harming themselves. In a civil, secular and democratic society, however, the public law principle of state protective powers has to be balanced against the private law principle of personal autonomy (personal self-determination). Under the doctrine of autonomy, competent adults of sound mind can make legally binding voluntary choices, including the so-called ‘death-choice’ (refusal of life-sustaining or life-prolonging treatment as well as suicide). To add to the complexity, whereas the powers of the state in relation to suicide and its prevention have been codified, the concepts of personal autonomy and personal liberty are grounded in common law. Stuart v Kirkland–Veenstra [2008] VSCA 32, which is at present being considered by the High Court of Australia, exemplifies tensions that arise in the suicide-prevention area of jurisprudence. This article explores powers and duties of police officers in relation to suicide prevention and the notion of mental illness by reference to the Kirkland–Veenstra case, the relevant statutory framework and the common law.

Corporate social responsibility, new activism and public relations

Purpose – This paper aims to analyse why some contemporary corporate organisations are reluctant to articulate the effect of their market positioning behaviour on the unwilling communities that oppose their activities. It describes the communicative interactions between several large corporate organisations and the grassroots activist groups opposing their activities, in Victoria, Australia.

Design/methodology/approach – Extensive secondary data were collected, including extensive newspaper and radio transcripts from the campaign periods, web site downloads, letters and other campaign documents. The research design applied to the data, a qualitative, interpretative analysis, drawing on key theoretical frameworks.

Findings – The research findings suggest that powerful protest strategies, combined with the right political and social conditions, and a shift in the locus of politics and expertise, bring to light public concerns about the ethics of corporate practices, such as public relations, used egocentrically by organisations, to harmonise their activities in late modern Western society. It finds that no serious overhaul of business ethics can occur until the unity of public relations is critically scrutinised and reformed. It helps define an alternative holistic communicative approach which could be applied more widely to business practice that helps avoid the limitations and relativism of public relations.

Originality/value – The research flags new ways of thinking expressed in the notion of public communication that could lead to creative and unusual coherences vital to deal with the apparent ecological challenges for society in late modernity.

New activism and communication in Australian risk society : a case study of the Otway Ranges Environment Network

This paper overviews a case study of environmental grassroots activism in Victoria, Australia, between 1995 and 2003. The Otway Ranges Environment Network (OREN) is significant for its successful communication campaign to change forest practices and policy decision-making in the Otway Ranges, and for its intervention in a long-standing and exclusive relationship between government and the timber industry. This paper describes and analyses pivotal parts of the OREN campaign: firstly, the group's strategy to boycott paper and pulp manufacture Kimberly-Clark Australia; and secondly, its decision to participate in the West Victoria Regional Forest Agreement (RFA) process to negotiate the future of Otway forest. Informed by the empirical research and the works of social theorists Ulrich Beck and Jurgen Habermas, this paper outlines a strategic approach to communication that is effective, fair and sustainable, and that can be applied by other non-profits - especially those that operate in politically volatile environments with a grassroots agenda.

What can Hannah Arendt's theorising add to equity policy activism in higher education institutions?

Human rights theory is based on universalistic moral perspectives that regard each individual as a bearer of rights. These rights are often legislated nationally and implementation mandated for institutions including higher education institutions. Arendt contests this kind of governance and ruling. Arendt argues for an agonal politics. Arendt theorises politics and power as something that cannot occur in isolation; it is through ‘acting in concert’ with others that a political community is constituted. Arendt advocates for a public space where people can take care of the ‘public things’ between them to work out how to live together. In this paper I reflect on my role promoting equity within Australian higher education institutions and explore what Arendt’s theorising can add to rethinking this kind of human rights work. Arendt argued that re-valuing politics would pave the way to a ‘new appreciation of human plurality’ (Villa 1996: 17). I will argue that the ‘Fair Chance for All’ (1990) equity policy promoted a form of identity politics within higher education institutions. I argue that Arendt’s theorising can effectively disrupt identity politics and offers a corrective to the way human rights legislation and related institutional policies tend to focus on specific target populations.

Temporal causality and the dynamics of judicial appellate caseload, real income and socio-economic complexity in Australia

This study applies Granger causality tests within a multivariate error correction framework to examine the relationship between judicial caseload, real income and urbanization for Australia using annual data from 1904 to 2001. Decomposition of variance and impulse response functions are also considered. The Granger causality results as well as the decomposition of variance and impulse response functions suggest that urbanization is the most exogenous of the three variables in both the long run and short run while judicial caseload and real income are relatively exogenous in the short run.