Ambiguities and inconsistencies in relation to the obligations of proxies under corporations law: a model for reform

This article reconsiders the important question which came to light as a result of the controversial 2002 Coles Myer annual general meeting: do directors that are appointed as proxy have an obligation to vote as directed (and indeed should they)? A recent decision of the New South Wales Supreme Court, which was subsequently approved on appeal, stands for the proposition that proxy holders are agents of the shareholders that appointed them. However, currently the Corporations Act only requires a Chairman appointed as proxy to vote as directed — not an ordinary director. This article briefly explains the present state of the law in Australia on this issue, and then explores some interesting recent judicial remarks which may suggest that ordinary directors appointed as proxy must vote as directed in order to satisfy their director’s duties (both common law and statutory) to the company. We finally outline a proposed statutory reform initiative which seeks to remove the present uncertainty in the law by introducing a blanket requirement that all proxy holders must vote as directed.

Is it only 'what works' that 'counts' in new knowledge economies? Evidence-based practice, educational research and teacher education in Australia

Recent texts on globalisation and education policy refer to the rapid ¯ow of education policy texts producing or responding to common trends across nation states with the emergence of new knowledge economies. These educational policies are shaping what counts as research and the dynamics between research, policy, and practice in schools, creating new types of relationships between universities, the public, the professions, government, and industry. The trend to evidence-based policy and practice in Australian schools is used to identify key issues within wider debates about the `usefulness' of educational research and the role of universities and university-based research in education in new knowledge economies.

A principal components analysis of New Zealand Board compostion : factors that influence an export strategy

Principal Topic Internationalisation strategies are important for company expansion because New Zealand, with its four million people, has such a small market. There may or may not exist ”agency costs” in the use of Outside Directors. Ownership patterns may also influence Internationalisation.

Methodology/Key Propositions This study uses Principal Component Analysis both in a grounded theory approach and in a confirmatory approach.

Results and Implications We find evidence that in New Zealand, contrary to some previous research elsewhere, outside Directors actually have less influence on Internationalisation than Inside Directors. Private ownership also seems to have a greater association with Internationalisation than other ownership types. A highly reliable sample of 1989 New Zealand company directors showed that such factors as gender, age and location and even industry sector were irrelevant. Two factors were important in explaining whether a company goes off-shore. These are the size and magnitude of the company as well as the ownership type and role of the CEO. In essence, this study validates New Zealand’s present strategy of ”picking winners”, that is, selecting firms based upon factor components. This study adds strength to that strategy because it identifies the concrete components that should be taken into account when picking companies for special treatment, e.g. export promotion.

John Martyn Harlow: 'obscure country physician?'

If John Martyn Harlow is known at all in the neurosciences, it is because he was the physician who attended Phineas Gage and followed up his case. Although Harlow's brief but insightful accounts of the changes in Gage's personality are fairly well recognized, and his skill in treating Gage often acknowledged, Harlow himself is, for the most part, the shadowy figure caught by the self-depreciatory characterization of the subtitle of this paper. Although his contribution to the neurosciences was singular, literally and figuratively, he deserves a place in the history of the subject. Harlow's training in antiphlogistic therapy can be seen in his treatment of Gage and in his evaluation of its results. As a medical student, he was also exposed to phrenological doctrine, the influence of which can also be seen in his  appreciation and explanation of some aspects of Gage's behaviour.  Manuscript materials, newspaper reports, and other little known material are used here to evaluate Harlow's contributions to medicine and to the medical, political, and civic life of Cavendish, Woburn, and the Commonwealth of Massachusetts.

Rosencrantz and Guildenstern are nevertheless dead: the hypothetical adolescence of Prince Hamlet and the contested remorselessness of young offenders

A young man stabs a defenceless elderly man to death, and remarks “I’ll lug the guts into the neighbour room.” Martha Grace Duncan has argued that such apparent remorselessness and other forensic features must be interpreted differently in children and young people as compared to adult defendants, because of developmental effects. Professor Duncan discusses a range of fictional as well as real examples in pressing her claim, and also appeals to psychiatric, psychological and psychoanalytic expertise. In order to examine the general validity of her argument, it is hypothesised here that a Duncanian adolescence defense has been presented for Prince Hamlet who, miraculously revived, now stands his trial for murder. It is argued that the “adolescence defense” is unsound in principle and that children and youth (whether or not as superannuated as the Prince of Denmark) should be treated in the same forensic manner as adults. If we respect children and youth, we must respect their autonomy however uncomfortable for us this may be: “So young, my lord, and true.”

Ranah minang: the changing conception of a traditional minangkabau homeland

The Minangkabau people of West Sumatra, Indonesia, view the physical world as having two distinct components, Ranah Minang (which is itself further divided) and the rantau. Ranah Minang is the traditional, ancient homeland of the group, while the rantau is everything beyond the boundaries of their ancestral lands. This distinction is institutionalised in the folklore of the group and serves as a characterizing dichotomy in their worldview. Even today, when the outlines of the ancestral home are indistinct and the region has been overlaid with the modern administrative structure of modern Indonesia, the distinction between Ranah Minang and the rantau remains strong in societal perceptions and occurs repeatedly, not just in traditional folklore, but in modern expressions of traditional culture. This paper will describe the spatial division of territory in Minangkabau culture as it exists in the folklore of the group and will discuss the ways in which this traditional perception is manifested in modern society. Further, it will discuss the changing nature of the conception of Ranah Minang with respect to the physical landscape as well as to the institutions and structures of society.

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.

Soft-sediment deformation structures in the middle permian Wandrawandian siltstone, southern Sydney basin: implications for depositional environment and basin tectonics

The Middle Permian Wandrawandian Siltstone at Warden Head near Ulladulla in the southern Sydney Basin is dominated by fossiliferous siltstone and mudstone, with a large amount of dropstones (lonestones) and some pebbly sandstone beds. Two general types of deposits are recognised from the cliff succession in view of the timing and mechanism of their formation. One is represented by the background (or primary) deposits of offshore to slope environments with abundant dropstones of glacial marine origin. This facies occurs throughout the cliff sections at Warden Head. The second type is distinguished by secondary, soft-sediment deformational deposits and structures of the primary (background) deposits, and comprises three successive layers of sandy mudstone dikes. In the second type of deposit, metre scale, laterally extensive syn-depositional slump deformation structures occur extensively in the middle part of the Wandrawandian Siltstone. The deformation structures vary in morphology and pattern, including large-scale complex-type folds, flexural stratification, concave-up structures, small-magnitude -faults accompanied by folding and brecciation. The slumps and associated syn-depositional structures are herein attributed to penecontemporaneous deformations of soft sediments (mostly mud and silty mud), formed as a result of mass movement of unconsolidated and/or semi-consolidated substrate following earthquake events. The occurrence of the earthquake event deposits (or seismites) at Warden Head supports the current view that the Sydney Basin was located in a back-arc setting near the New England magmatic arc on an active continental margin during the Middle Permian, and the timing of the earthquake events is here interpreted to indicate the onset of the Hunter Bowen Orogeny in the southern Sydney Basin.

Mathematical knowledge of some entrants to a pre-service education course

Standards for teaching emphasise the need for teachers to have deep content knowledge. To assess the mathematical knowledge of students enrolling in its B.Ed. program, the University of New England has introduced a mathematics diagnostic test. This work is the first stage of an ongoing research project into the numeracy needs of students entering the B.Ed. program. The test is a pen-andpaper test that replaces previous on-line, multiple-choice tests. This paper reports on the test results, discusses some common errors made by students and outlines the future direction of the research.

Time to make a difference: using action research to foster student engagement

This paper reports on a project, funded by the Victorian Department of Education and Training (Australia), undertaken to explore the capacity for teachers to develop innovative teaching and learning strategies aimed at improving the educational experiences of students in the middle years. Central to this charter was the need for local schools to form Clusters, share ideas and develop strategies designed to improve student engagement and connection. In forming the Buxton (pseudonym) Cluster, four schools came together to declare their shared interest in improving student connection through the teaching and learning of mathematics. The 22 teachers involved in the project shared a broad concern that the traditional pedagogies built up around the maths discipline were contributing to the wider level of student disconnection observed in the middle years. In thinking about change, the group were attracted to constructivist approaches to pedagogy in which learning opportunities and tasks are varied sufficiently to appeal to the various learning styles and aptitudes of learners. Favouring an action research framework teachers involved in the project embarked on the implementation of pedagogic reforms aimed at improving levels of student engagement.

Permian soft-sediment deformation structures related to earthquake in the Southern Sydney Basin, Eastern Australia

Sydney Basin is located in the eastern part of Australia, Lachlan Fold Belt, and between the New England Fold Belt. From the Sydney basin at the end of the Late Carboniferous to Middle Triassic experienced back-arc spreading to the foreland basin at different stages: back-arc spreading stage (Carboniferous ), A passive thermal subsidence stage (early in the Permian Berry) and load deflection extruding stage (in Broughton Permian - Triassic). This time at the Sydney basin on the eastern side of the New England Fold Belt for the island Background of the arc. As a result, back-arc in the Permian Basin of the South Sydney basin by the back-arc spreading the eastern side of the arc and trench subduction before the impact of strong seismic activity, the development of a series of earthquake-related seismites to form various types and Seismic activity related to the deformation of soft sediment structure. Permian Basin, South Sydney's soft sediment deformation including cracks in shock-fold, liquefied vein, volcanic sand, load structure, flame Construction, pillow-like structure, spherical structure, pillow Layer structure slump, and so breccia. To which the cracks in shock-fold fibrillation is a direct result of earthquake faults and folds; pillow is a layer of sand caused by the earthquake fibrillation dehydration, the formation of the sinking; liquefied vein, Volcanic sand for the liquefaction of sand penetration of the formation of earthquake fissures formed; load structure, flame Construction, pillow-like structure, spherical structure is affected by the earthquake fibrillation in the sand, mudstone interface because of the sinking sand, mud layer formed through ; Slump structures and breccia of the earthquake was caused by the gravitational collapse or the formation of the debris flow. Fissures, earthquake-fold, liquefied vein, volcanic sand, load structure, flame Construction, pillow-like structure, spherical structure, pillow-like layer Equivalent to the original earthquake rocks the plot, and the slump structures and breccia of the plot belong to different earthquake rocks.