Restitution law

Contains comprehensive extracts of the most significant cases from Australia and England. Explains the various academic views in areas where these are likely to be influential and incorporates a number of important new cases. Includes new sections dealing with practical questions such as pleading a claim in restitution.

The yoking of unconscionability and unjust enrichment in Australia

Given problems with, and judicial criticism of, unjust enrichment as a principle, it is necessary and appropriate that unjust enrichment be subsumed by the expanding doctrine of unconscionability - could create a unifying concept which can be applied to achieve justice in a variety of different contexts - triggers for equitable intervention to reverse or adjust transfers of resources on the basis of unconscionability - where there is neither real consent or real consideration - where either variable is absent and it is unclear whether the other is satisfied - approach would inject principle into unconscionability and explain and justify the need for reversing or adjusting the transfer of property or other resources in some circumstances.

A Rational Approach To Sentencing White- Collar Offenders in Australia

There are no overarching (and few settled) principles governing the sentencing of white-collar offenders. This is especially the situation in relation to the relevance of public opprobrium to the sentencing calculus and the manner in which employment deprivations stemming from the penalty impact on the sentence. To the extent that there is general convergence in the approach to sentencing white-collar offenders, the approach is often not sound. This is the case in relation to the minor sentencing discount accorded for previous good character, and the prevailing orthodoxy which assumes that offences targeted at major institutions, such as banks, meaningfully impair community confidence in such institutions. Fundamental reform of the manner in which white-collar offenders are sentenced is necessary in order to make this area of law more coherent and doctrinally sound. These reforms include providing a significant and pre-determined discount for restitution, reducing the weight given to general deterrence in the sentencing calculus, and providing a greater discount for previous good character and employment deprivations suffered as a direct result of the sentence. Further, crimes against individuals should be regarded as being more serious than those committed against large corporations or the public revenue. The article focuses on the existing law in Australia, however, the reform proposals and doctrinal analysis could be applied to all jurisdictions.

Incorporating human perception with the motion washout filter using fuzzy logic control

Abstract—Nowadays, classical washout filters are extensively used in commercial motion simulators. Even though there are several advantages for classical washout filters, such as short processing time, simplicity and ease of adjustment, they have several shortcomings. The main disadvantage is the fixed scheme and parameters of the classical washout filter cause inflexibility of the structure and thus the resulting simulator fails to suit all circumstances. Moreover, it is a conservative approach and the platform cannot be fully exploited. The aim of this research is to present a fuzzy logic approach and take the human perception error into account in the classical motion cueing algorithm, in order to improve both the physical limits of restitution and realistic human sensations. The fuzzy compensator signal is applied to adjust the filtered signals on the longitudinal and rotational channels online, as well as the tilt coordination to minimize the vestibular sensation error below the human perception threshold. The results indicate that the proposed fuzzy logic controllers significantly minimize the drawbacks of having fixed parameters and conservativeness in the classical washout filter. In addition, the performance of motion cueing algorithm and human perception for most occasions is improved.

Book review. Historical justice in international perspective

The notion that something can — and must — be done to address injustices of the past has gained signifieant political currency around the world in recent decades. As demands for apologies, reparation, restitution, and restorative justice have grown louder, the attempt to make amends has emerged as an important national marker in what Elazar Barkan has called a new era of intemational morality. For historians, this seemingly new way of engaging with the past is particularly intriguing, perhaps signalling a significant change in historical consciousness in the contemporary world. Historical Justice in International Perspective offers a window onto these events, surveying the political, judicial, and historical landscapes of what has become known as historical justice. In doing so, this collection demonstrates the widespread and increasing significance of historieal redress in contemporary political life.