Bryan the builder-residential work only

The High Court, in the 1995 landmark case of Bryan v Maloney, held a builder of a residential house liable to a subsequent owner for economic loss suffered by way of the reduction in value of the house caused by its defective foundations. Since that decision, several cases in state courts have indicated that any extension of the principle in Bryan to commercial properties is a matter for the High Court. This year, Woolcock Street Investments Pty Ltd v CDG Pty Ltd provided the vehicle for the High Court to revisit the Bryan principle in a commercial context. Faced with the question 'can a subsequent owner of a commercial property who discovers faulty foundations sue the builder for the costs of fixing the problem before it causes any physical damage to person or property?', the resounding response from the High Court has been 'no'. Gleeson CJ, Gummow, Hayne and Heydon JJ in a joint judgment and McHugh J and Callinan J in separate judgements rejected any 'extension' of the Bryan principle to commercial premises. Much to the relief of the construction industry, the Court made it clear that it will be difficult for a subsequent owner to make out a case in negligence against the original builder unless it can show special vulnerability to the risk of injury. Kirby J, in a dissenting judgment, suggested that the extension of liability to commercial builders fits quite comfortably with general principles and lamented the 'incremental' approach to liability presently favoured by the Court. Consequent upon the retirement of Gaudron J, Kirby J appears to be a lonely light on the hill, shining a solitary beacon on matters of principle.

The revisitation of Bryan has long been anticipated. However, Woolcock does not provide the solid bricks and mortar craved by the construction industry. Close examination of the reasoning of the Court suggests that it may itself rest on faulty foundations. In his dissenting judgment, Kirby J questions some of the assumptions made by the majority and highlights the deficiencies of the 'stated case' procedure for a re-examination of this particular area of law, thus suggesting that Woolcock may not be completely sound.

Is the treatment of economic loss by the Australian courts in torts cases anomalous?

The well developed economic theory of tort liability has never been able to comfortably accommodate negligence cases causing pure economic loss as opposed to physical damage or injury. In fact, contrary to received opinion, Australian Courts at least, are increasingly allocating pure economic losses to achieve predominantly an efficiency objective, with corrective justice notions relegated into the background. Consequently, it is difficult to classify these cases as anomalous in the sense of falling outside the efficiency paradigm.

Understanding the tensions in place – conflict and conservation in Kashmir

The ongoing evolution of the global heritage movement has been marked by a move away from fabric-centred understandings of heritage, towards a language of ‘place’, ‘values’ and ‘stakeholders’. Recent initiatives like the ‘Vienna Memorandum on Historic Urban Landscapes’ and the ‘Seoul Declaration on Heritage and the Metropolis in Asia and the Pacific’ represent important steps in such directions for managing the heritage of urban environments. This paper examines these developments in the context of Srinagar, the capital city of Indian administered Kashmir. With the conflict in the region enduring for more than fifteen years, the city - regarded as one of the most important pre-modern urban landscapes in South Asia - has suffered extensive physical damage. Nonetheless, the city remains the cultural and political heart of a wider collective identity rooted in the Kashmir Valley. As such, Srinagar presents a rich example of a city that would strongly benefit from the insights gained from Seoul and Vienna; an approach that recognises how a sense of ‘place’ arises through an intimate dialogue between the built environment and the socio-cultural context within which it sits. However, as we shall see, a framework oriented around ‘values’ and ‘context’ opens up unfamiliar and difficult questions and challenges. If a city like Srinagar is to be discussed in more holistic, less fabric-based terms, the interfaces between heritage and its wider social values, such as cultural sovereignty, multi-culturalism or democracy require far greater attention than they have received to date.

Rigs-to-reefs: Will the deep sea benefit from artificial habitat?

As a peak in the global number of offshore oil rigs requiring decommissioning approaches, there is growing pressure for the implementation of a "rigs-to-reefs" program in the deep sea, whereby obsolete rigs are converted into artificial reefs. Such decommissioned rigs could enhance biological productivity, improve ecological connectivity, and facilitate conservation/restoration of deep-sea benthos (eg cold-water corals) by restricting access to fishing trawlers. Preliminary evidence indicates that decommissioned rigs in shallower waters can also help rebuild declining fish stocks. Conversely, potential negative impacts include physical damage to existing benthic habitats within the "drop zone", undesired changes in marine food webs, facilitation of the spread of invasive species, and release of contaminants as rigs corrode. We discuss key areas for future research and suggest alternatives to offset or minimize negative impacts. Overall, a rigs-to-reefs program may be a valid option for deep-sea benthic conservation. © The Ecological Society of America.

A citizen science approach: a detailed ecological assessment of subtropical Reefs at Point Lookout, Australia.

Subtropical reefs provide an important habitat for flora and fauna, and proper monitoring is required for conservation. Monitoring these exposed and submerged reefs is challenging and available resources are limited. Citizen science is increasing in momentum, as an applied research tool and in the variety of monitoring approaches adopted. This paper aims to demonstrate an ecological assessment and mapping approach that incorporates both top-down (volunteer marine scientists) and bottom-up (divers/community) engagement aspects of citizen science, applied at a subtropical reef at Point Lookout, Southeast Queensland, Australia. Marine scientists trained fifty citizen scientists in survey techniques that included mapping of habitat features, recording of substrate, fish and invertebrate composition, and quantifying impacts (e.g., occurrence of substrate damage, presence of litter). In 2014 these volunteers conducted four seasonal surveys along semi-permanent transects, at five sites, across three reefs. The project presented is a model on how citizen science can be conducted in a marine environment through collaboration of volunteer researchers, non-researchers and local marine authorities. Significant differences in coral and algal cover were observed among the three sites, while fluctuations in algal cover were also observed seasonally. Differences in fish assemblages were apparent among sites and seasons, with subtropical fish groups observed more commonly in colder seasons. The least physical damage occurred in the most exposed sites (Flat Rock) within the highly protected marine park zones. The broad range of data collected through this top-down/bottom-up approach to citizen science exemplifies the projects' value and application for identifying ecosystem trends or patterns. The results of the project support natural resource and marine park management, providing a valuable contribution to existing scientific knowledge and the conservation of local reefs.

Crack damage in polymers and composites: a review

Polymer-based materials are extensively used in various applications such as aircrafts, civilian structures, oil and gas platforms and electronics. They are, however, inherently damage prone and over time, the formation of cracks and microscopic damages influences the thermo-mechanical and electrical properties, which eventually results in the total failure of the materials. This paper provides an overview of the principal causes of cracking in polymer and composites and summarizes the recent progress in the development of non-destructive techniques in crack detection. Furthermore, recent progress in the development of bio-inspired self-healing methods in autonomic repair is discussed.