Rudd’s presidential politics vs Gillard’s Westminster wisdom : who will win out in the style battle?

It is fitting that Kevin Rudd’s official campaign for a return to the Labor leadership commenced in the United States, for his political project is one forged in the image of what many Australians imagine American presidential politics to be like: populist, and based on a direct appeal to the people in a way that bypasses parliamentary politics.

Charges over book debts in the United Kingdom and Australia : the way forward

Is it possible to create a fixed charge over book debts? This question was recently decided by the House of Lords in National Westminster Bank plc v. Spectrum Plus Limited & Ors [2005] UKHL 41 where the full House was against the idea of a fixed charge on book debts and insisted that only a
floating charge had been created. The law in this area is still vague and uncertain in Australia. This article argues that the financiers and the companies should be given the freedom to decide how they wish to structure their charge documents. The article sets out to argue that it is possible to create a sustained workable fixed charge or even a multiple combination of fixed and floating charge over book debts and argues that this would be the only way for both the financiers and the companies to do business together, in respect to the use of book debts as security for a loan. The author explains how this could be possible and how the proposed model would not deny the statutory priority rights of the preferential creditors.

Fixed and floating charges : the latest conflicting law and how to address the gaps

Can book debts be subject to a fixed charge? This question was considered by the House of Lords in National Westminster Bank v. Spectrum Plus Limited [2005] UKHL 41 where the full House was against the idea of a fixed charge on book debts and insisted that only a floating charge had been created. The law in this area is still vague and uncertain in Australia. This paper argues that the financiers and the companies should be given the freedom to decide how they wish to structure their charge documents. The paper sets out to argue that, in respect to the use of book debts as security for a loan, the only way for both the financiers and the companies to do business is to create a sustained workable fixed charge or even multiple fixed and floating charge on book debts. The author explains how this could be possible and how the proposed model would not deny the statutory priority rights of the preferential creditors.

Gyration

European Renaissance and Romantic landscape appeared in vistas. The conditions of the industrial revolution and, according to Patrick Maynard and Jonathon Crary, the film camera especially, led to a Modernist re-vision vividly recorded in Xavier Herbert’s contrary Modernist vision, prompted by seeing the Australian bush, its ‘... stunted trees, the mulga and the wilga and the gimlet gum, doing a kind of dance, spinning past, seeming to swing away from the train to the horizon and race ahead, to come back...the same set of trees in endless gyration’.

Lobbying defined and observed

The critical and most obvious component of lobbying is the interaction an entity has with government. The executive, parliament and bureaucracy are the key players in the field. On the opposing side, to extend a sporting analogy, are the lobbyists – who are identified or labelled, singularly or plurally, by a variety of names: pressure groups, policy consultants, tariff consultants, public relations consultants, interest groups, special interest groups, industrial and professional associations, government relations managers, public affairs managers and Lloyd’s qualified term, the ‘political lobbyist’ .
All these nomenclatures require further explanation – some are used interchangeably, others are now an historical term only, some fall from the common language only to reappear at a later date. Of all, the oldest and most widely recognised is lobbyist and lobbying. Lloyd (1989) states that the term ‘lobby agent’ was first used in Westminster in the mid-17th century. In the United States Schriftgiesser (1951) writes that the famous American journalist H L Mencken, the Sage of Baltimore, traced the first use of the word lobby, as we currently understand it, to Washington DC in 1829. At that time the term lobby-agent was in use but it was shortened, by journalists, to lobbyist by 1832.
It has been suggested that the concept of lobbying – of seeking influence among the powerful – is as old as government e itself. Lloyd (1989) cites examples of lobbying from the Old and New testaments – the most famous pressure group being those who petitioned Pontius Pilate to crucify Jesus Christ!
In the US the activities of lobbying were recognised before the term was coined when, according to Schriftgeisser (1951), ‘a little gang of painted –up merchants (who) pushed British tea into the salt water of Boston harbor’ (p4).
So the pedigree of lobbying activities is long and colourful. As the western form of parliamentary democracy has evolved and expanded among nations it seems that lobbying has been ever present on this journey. It is by its activities, its parts, that we can define and recognise lobbying most clearly and view the changes.