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.

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.”

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.

Technology and teachers in rural schools : diversity and similarity

This paper reports on a project situated in regional areas of Victoria in which 16 primary and secondary teachers participated in an intensive professional development program designed to assist them in embedding Information Communications Technology (ICT) into their classroom practice. The project provides some insight into the availability and use of current technological resources in the rural schools and examines the impact of an intensive professional development program on the implementation of ICT into the curriculum.

The results identified a large diversity of circumstances experienced by the schools in the project, not only in terms of ICT availability and use, and teacher experience, but also in more general issues of cultures of curriculum planning and integration, size, communication, and pedagogical presumptions. The successful integration of ICT into their pedagogical practice was influenced by a complex of factors including the availability of ICT resources, the teachers’ ICT skill level, the teachers’ ability and opportunity to integrate ICT in classroom, the level of support provided, both technical and pedagogical, and the curriculum requirements.

The results of the project have been positive with evidence of increased networking among the teachers, changes in teaching practice and increased teacher proficiency and awareness of ICT resources. The project has highlighted common difficulties that teachers experienced including frustrations with the unreliability of technology and a lack of time for necessary training and preparation. In response to the constraints, teachers have been resourceful and inventive in developing pedagogical strategies to aid the integration of ICT into their classroom practice.

Developing a science challenge to support partnerships and pedagogy in rural and regional science

In 2007 the researchers decided to investigate the development of a “science challenge” as a means of engaging students in science. They wanted to ensure that whatever was developed was sustainable, addressed the needs of students and provided some answers for the dilemma of equitable education in regional and rural areas. A literature search indicated that whilst science competitions were not new, one which was based on schoolcommunity partnerships and involved students in the solving of real problems, was quite different. This paper will report on the development of the science challenge with reference to the viewpoints of teachers, community and industry participants.

A comparison of the ICI Pillbox and the Random Tumble Methods is assessing pilling and appearance change of worsted spun cashmere and cashmere-wool blend knitwear

This study evaluated the differences between two international test methods on the assessment of pilling and appearance change of worsted spun cashmere and superfine wool knitwear and their blends. Differences between the standard ICI Pill Box Method and the Random Tumble Method were found in both the significance and magnitude of resistance to pilling and appearance change and the amount of fabric mass loss of worsted spun cashmere and cashmere superfine wool blend knit fabrics. The ICI Pill Box Method differentiated to a greater extent the effects of wool type and blend ratio of cashmere and wool compared with the Random Tumble Method. Generally the addition of cashmere or low crimp superfine wool resulted in fabrics being more resistance to pilling and appearance change compared with fabrics made from high crimp superfine wool. This was associated with increased fabric mass loss when assessed by the ICI Pill Box Method but not with the Random Tumble Method. KEYWORDS: Cashmere, crimp, wool, pilling, appearance change, knitwear

You don't have other teachers to bounce ideas off : report from SiMERR Victoria

Companion volume to the SiMMER National Survey.

Starting out in STEM : a study of young men and women in first year science, technology, engineering and mathematics courses

In late 2011, first year university students in science, technology, engineering and mathematics (STEM) courses across Australia were invited to participate in the international Interests and Recruitment in Science (IRIS) study. IRIS investigates the influences on young people's decisions to choose university STEM courses and their subsequent experiences of these courses. The study also has a particular focus on the motivations and experiences of young women in courses such as physics, IT and engineering given the low rates of female participation in these fields. Around 3500 students from 30 Australian universities contributed their views on the relative importance of various school and non-school influences on their decisions, as well as insights into their experiences of university STEM courses so far. It is hoped that their contributions will help improve recruitment, retention and gender equity in STEM higher education and careers.