Permian brachiopods from the Selong Xishan section, Xizang (Tibet), China. Part 2: palaeobiogeographical and palaeoecological implications, spiriferida, athyridida and terebratulida

Brachiopods from the Selong Group at the Selong Xishan section indicate a typical Peri-Gondwanan affinity, but possibly a rapid invasion of tropical/subtropical Tethyan elements into the Himalayan region at the very end of Permian. A brief analysis of taphonomy and composition of the Selong fauna indicate that Selong Xishan lay on the shallow continental shelf near shore and brachiopods suffered substantial abrasion from contemporaneous wave action. Species of Spiriferida, Athyridida and Terebratulida are herein described and revised. New taxa are Nakmusiella selongensis nov. gen. et sp. and ? Bullarina striata nov. sp.

Section 46:where we have been and where we are going: a review of the recent debate

Two recent reviews of Part IV of the Trade Practices Act (Commonwealth) (1974) have looked specifically at the operation of Section 46 of this Act and have come to very different conclusions concerning its efficacy. The Dawson review (2003) argued that no change to S 46 was required as the courts were providing sufficient guidance in the application of the legislation in this respect. The Senate Committee review (2004) came to different conclusions arguing that the Act needed clarification in regard to certain sections. These reports highlight the controversy that has surrounded this section of the Trade Practices Act for the past thirty years. The aim of this paper is to consider these reviews and evaluate the extent to which the High Court has been able to provide guidance in the application of legislation that prohibits the misuse of market power.

Directors' personal liability-is the proposed amendment to Section 197 acceptable when compared with Hanel v O'Neill?

On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations Act. This is to overturn the decision in Hanel v. O'Neill ("Hanel") where the South Australian Supreme Court has expanded the circumstances in which directors of trustee companies can be held personally liable for the debts under the current section 197(1) of the Corporations Act 2001 (Cth). The multiple interpretations presented in Hanel highlighted the uncertainty of s. 197 and this uncertainty is heightened in at least two subsequent cases. The article provides a detailed analysis of how the decision in Hanel is affecting the directors' freedom of management and suggests some precautionary measures that the directors could take as protection against creditor's actions under s. 197. The author welcomes the proposed amendment because the new section will create certainty for directors as to. the scope of their potential personal liability, but contends that the substance of the proposed s. 197 is not acceptable as there is potential for abuse by directors of certain trustee companies.

Section 46 of the Trade Practices Act-has the High Court made a "u-turn" on "taking advantage"?

Examination of High Court decisions on misuse of market power in regard to the element of "taking advantage" reveals inconsistency of application. Whilst being consistent regarding the need for a connection between the market power and the impugned conduct, the High Court has not been consistent regarding the degree of connection required. Two streams have developed, one supporting a high degree of connection, the other a lower degree before a firm is found to have "taken advantage" of its market power. Added to this has been the development of the "rational business explanation" which, it is argued, is either used as a defence to a s 46 action or is premised on the higher threshold of connection. Initially the high Court supported the lower threshold. In later decisions, whilst expressing support for the earlier decisions, in application the High Court favoured the higher threshold and at one point the rational business explanation. This trend appears to have been reversed with the most recent High Court decision which indicates substantive support for the earlier s 46 decisions.

Recent amendment to section 197- is it acceptable?

The majority decided in Hanel v O’Neill that directors of trustee companies
could be held personally liable to discharge the debts incurred by a
company pursuant to s 197(1) of the Corporations Act 2001 (Cth). On
18 November 2005, legislation was passed to amend s 197(1); this was to
overturn the decision. This article evaluates other relevant cases and
argues that the recent amendment to s 197 is unsatisfactory as it leaves
potential for abuse by directors of certain trustee companies. The article
suggests further reform to the section and to this end, suggests ways for
s 197 to reconcile with other parts of corporate law, such as insolvent
trading and directors’ duties.

The Age (Education section) 2003 -

Dr Marcia Devlin is an educational psychologist and Professor of Higher Education Research at Deakin University. Marcia has a broad and extensive publication record in the scholarship of teaching and learning that incorporates academic development, student learning support and the use of information and communication technologies in teaching and learning. She writes regularly for The Age and Campus Review newspapers.

Unique marine Permian-Triassic boundary section from Western Australia

A unique marine Permian-Triassic boundary section containing rich oil source rocks has been continuously cored in a petroleum borehole from the Perth Basin of Western Australia. Such sequences, which provide a biostratigraphic and environmental record at the time of the largest extinction event of the past 500 million years, are globally rare, and this is the first to be documented in Australia. Throughout geological history there have been periods of global marine anoxia that commonly resulted in the widespread deposition of petroleum source rocks, most notably in the mid-Cretaceous and Late Jurassic. An apparent paradox is that, previously, source rocks have not been recognised in association with the Permian-Triassic boundary, despite widespread marine anoxia at this time. The Perth Basin source rocks contain abundant and unusual biomarkers, apparently related to the highly specialised and limited biota that flourished in the aftermath of the end-Permian extinction event. Local conditions may have favoured source-rock development, either due to higher productivity resulting from coastal upwelling or through enhanced preservation under strongly anoxic conditions.

Fusulinoideans from the early Midian (late Middle Permian) Metadoliolina dutkevitchi-Monodiexodina sutchanica Zone of the Senkina Shapka section, South Primorye, Far East Russia.

Fusulinoideans from the Metadoliolina dutkevitchi-Monodiexodina sutchanica Zone of the lower part of the Chandalaz Formation in the Senkina Shapka section in South Primorye, Far East Russia, are described. The fusulinoidean zone is assigned to the early Midian (=Capitanian: late Middle Permian) based mainly on the morphologie and biostratigraphic characteristics of Metadoliolina dutkevitchi. Previously, a Midian age has been established for the Metadoliolina dutkevitchi-Monodiexodina sutchanica Zone by the coexistence of Lepidolina species. However, the occurrence of Lepidolina with the two zonal species in this area has not been verified by the illustration of Lepidolina specimens. We examined a fusulinoidean-bearing sample from the Metadoliolina dutkevitchi-Monodiexodina sutchanica Zone, and three fusulinoidean species, Monodiexodina sutchanica, Pseudofusulina sp. and Metadoliolina dutkevitchi, are de-scribed and illustrated.