The German corporate governance model in the wake of company law harmonisation in the European Union

In this article the authors deal with several recent developments in the European Union (EU) regarding company law harmonisation. These developments took place at the same time that the German corporate governance model has been refined considerably. The authors conclude that these developments in the EU and Germany respectively will necessarily create tension within the EU as far as corporate governance and company law harmonisation are concerned.

An examination of the joint venture market entry option in China : a case study of an Australian company's international marketing experience in China

There is a widely held view in the literature that foreign companies looking to invest in the China market should opt for joint ventures rather than wholly foreign-owned enterprises for many reasons, ranging from a smaller capital commitment to utilising the market knowledge of local Chinese partners. This paper examines this issue in the light of the experience of the Foster's Brewing Group which established three joint ventures in China only to reject this form of market entry option within a few years. The paper looks at some of the reasons behind Foster's rejection of the joint venture option and proposes some key guidelines that foreign companies should follow if they are to successfully establish joint ventures in China.

Removal of company directors in a climate of corporate collapses

The string of high-profile corporate collapses recently has provided a fresh insight into many important topics and issues in Australian corporations law. Notwithstanding this, one topic that continues to receive inadequate attention both in Australia and in foreign jurisdictions is the statutory removal of  directors. In an earlier article published in this journal, one of the present authors contributed towards addressing this lack of commentary on the topic by highlighting a number of peculiarities with the provisions under the then Corporations Law regulating the removal of directors in public and proprietary companies. Since that time, the CLERP amendments to the Corporations Law (now Corporations Act 2001) in 2000 introduced some interesting changes to the provisions dealing with the removal of directors in public and proprietary companies. In this article, the authors provide an explanation and critical analysis of these changes, and consider the recent Western Australian Supreme Court decision of Allied & Mining Process Ltd v Boldbow Pty Ltd [2002] WASC 195, which deals with some of the issues raised by the authors in relation to the CLERP amendments. According to the authors, whilst some of the peculiarities raised in the earlier article no longer exist post-CLERP, the current removal provisions still raise some important questions of interpretation.

Detection and habitat use of the rufous bristlebird (Dasyornis broadbenti) in coastal heathland, in south-western Victoria, Australia

The Rufous Bristlebird (Dasyornis broadbenti) is a sedentary, ground-dwelling passerine of southern Australia, which is listed as nationally vulnerable, and as near-threatened (lower risk) in Victoria. The species inhabits a variety of vegetation, including shrub thickets in coastal gullies to heathlands on limestone cliffs. This study aimed to assess the size, distribution and habitat use of a population of the subspecies D. b.  broadbenti at Portland in south-western Victoria. Monthly surveys (2002–03) were conducted on foot for 1 h after official sunrise and 1 h before official sunset, and presence of Bristlebirds recorded using vocalisations and sightings. Observations outside of the survey times were also recorded to estimate the size of territories and core area of occupancy. To quantify habitat preferences, vegetation composition and structure were measured in areas where Bristlebirds were present, as well as surrounding areas where they were not detected. The population in the survey areas was estimated at between 70 and 86 individuals in the 170-ha survey area. The estimated size of territories of eight selected pairs of Bristlebirds ranged from 0.5 to 3 ha, with core areas of occupancy ranging from 0.2 to 0.6 ha. During the nesting season (August November) Bristlebirds were detected at greater frequencies in the core area of occupancy within each territory. Significant associations were found between the presence of Bristlebirds and floristic associations dominated by the native environmental weeds Acacia sophorae and Leptospermum laevigatum. Bristlebird presence was significantly positively correlated with increasing vegetation density in the mid-canopy level (80–120 cm) indicating that vegetation structure is a key factor in habitat use.

Arts governance - marching Western models to Asia

Corporate failures and fraud have turned attention to company governance. While much of the literature is on for-profit governance, there is a steadily increasing non-profit literature arguing for industry specific governance studies, such as this one. Researching arts organisation governance in Asia, where profitability or sustainability are not the only measures for performance, provides a better understanding of theses cultures and economies. Here, a comparative review of arts governance is undertaken in order to inform debate in a discipline and in countries less frequently included in analysis. The Hong Kong Special Administrative Region (SAR) and Singapore are included in this brief review of Asian governance. What constitutes good governance and the unique cultural variables in each region are considered.

Distribution and abundance of seabirds in Western Port, Victoria

The distribution, abundance and biomass of seabirds in Western Port, Victoria, were surveyed between April 1991 and August 1994. Individuals were counted along an 81-km series of transects from a boat at approximately monthly intervals. A total of 25 seabird taxa were recorded, of which 18 and 15 were common to those recorded by an earlier study in Port Phillip Bay and waters south of Phillip Island, respectively. The most numerous species by far was the Short-tailed Shearwater (Puffinus tenuirostris) followed by the Silver Gull (Larus novaehollandiae), Little Penguin (Eudyptula minor) and Crested Tern (Sterna bergii). Distribution within Western Port was not uniform, with pursuit divers such as cormorant and grebe species being recorded mostly in the shallow Eastern Arm. In contrast, surface-seizing (e.g. albatrosses), surface-plunging (e.g. Crested Terns), shallow-plunging (Australasian Gannet, Morus serrator) and pursuit-plunging (e.g. shearwaters) species predominated in the deeper Western Arm of Western Port. These species were also seasonally abundant, with peak numbers for most occurring in late summer–early autumn, which coincides with the reported influx of juvenile clupeoid fish into Western Port. Average biomass (686 ± 395 kg) comprised mostly Short-tailed Shearwaters, Little Penguins and Pied Cormorants (Phalacrocorax varius). Biomass density (8.5 kg km^–2) was similar to that reported for Port Phillip Bay (8.1 kg km^–2) but lower than off the southern coast of Phillip Island (9.9 kg km^–2).