Spotless decided per incuriam? - A contrary view

The article considers the implications of the decision of the High Court in Spotless Services Pty Ltd (1996) 141 ALR 92; 34 ATR 183. It argues in particular that the decision was made per incuriam.

Kawamoto’s "Dojoji Temple": Puppetry, Gesture and Myth

Dojoji Temple ( Dōjōji, 1976) is a short puppet animation directed by Kihachirō Kawamoto. Influenced by Bunraku (Japanese puppet plays), emaki (painted scroll), Noh theatre and Japanese myth, Dojoji Temple tells of a woman’s unrequited love for a young priest. Heartbroken, she then transforms into a sea serpent and goes after the priest for revenge. While Kawamoto’s animation is rich with Japanese aesthetics and tragedy, his animation is peopled by puppets who do not speak. Limited and restrained though the puppets may be, their animated gestures speak volumes of powerful emotions. For our article, we will select several scenes from the animation, and interpret their actions so that we can further understand the mythical world of Dojoji Temple and the essential being of puppetry. Our gesture analysis will take into account cinematographic compositions, sound and bodily attires, among other elements.

Nova Talenta: 2014-2015

Contenido Introducción 1. Inteligencia emocional, liderazgo transformacional y género: factores que influencian el desempeño organizacional / Ana María Galindo Londoño, Sara Urrego Mayorga; Director: Juan Carlos Espinosa Méndez. 2. El rol de la mujer en el liderazgo / Andrea Patricia Cuestas Díaz; Directora: Francoise Venezia Contreras Torres. 3. Liderazgo transformacional, clima organizacional, satisfacción laboral y desempeño. Una revisión de la literatura / Juliana Restrepo Orozco, Ángela Marcela Ochoa Rodríguez; Directora: Françoise Venezia Contreras Torres. 4. “E-Leadership” una perspectiva al mundo de las compañías globalizadas / Ángela Beatriz Morales Morales, Mónica Natalia Aguilera Velandia; Director: Juan Carlos Espinosa. 5. Liderazgo y cultura. Una revisión / Daniel Alejandro Romero Galindo; Directora: Francoise Venezia Contreras Torres. 6. La investigación sobre la naturaleza del trabajo directivo: una revisión de la literatura / Julián Felipe Rodríguez Rivera, María Isabel Álvarez Rodríguez; Director: Juan Javier Saavedra Mayorga. 7. La mujer en la alta dirección en el contexto colombiano / Ana María Moreno, Juliana Moreno Jaramillo ; Directora: Françoise Venezia Contreras Torres. 8. Influencia de la personalidad en el discurso y liderazgo de George W. Bush después del 11 de septiembre de 2011 / Karen Eliana Mesa Torres; Director: Juan Carlos Espinosa. 9. La investigación sobre el campo del followership: una revisión de la literatura / Christian D. Báez Millán, Leidy J. Pinzón Porras; Director: Juan Javier Saavedra Mayorga. 10. El liderazgo desde la perspectiva del poder y la influencia. Una revisión de la literatura / Lina María García, Juan Sebastián Naranjo; Director: Juan Javier Saavedra Mayorga. 11. El trabajo directivo para líderes y gerentes: una visión integradora de los roles organizacionales / Lina Marcela Escobar Campos, Daniel Mora Barrero; Director: Rafael Piñeros. 12. Participación emocional en la toma de decisiones / Lina Rocío Poveda C., Gloria Johanna Rueda L.; Directora: Francoise Contreras T. 13. Estrés y su relación con el liderazgo / María Camila García Sierra, Diana Paola Rocha Cárdenas; Director: Juan Carlos Espinosa. 14. “Burnout y engagement” / María Paola Jaramillo Barrios, Natalia Rojas Mancipe; Director: Rafael Piñeros.

Jones -v- Bartlett: landlords` liability to tenants and members of their household in negligence

According to the latest available statistics, in 1997-98, of the total of seven million Australian households, two million were renting their dwelling from a State housing authority or private landlords.Therefore, the decision on the scope of landlords' liability to tenants, members of their households, and guests in the right of the tenant handed down by the High Court of Australia in November 2000 was not only of legal, but also of social and economic significance. This note will discuss the Jones v Bartlett case in the context of the traditional common law approach to landlords' liability and the ground-breaking, if flawed, case of Northern Sandblasting Pty Ltd v Harris.

Unsafe leased residential premises: a landlord's liability in negligence to injured occupants

This article examines the law relating to the liability of landlords in negligence for unsafe residential premises, focusing in particular on the recent High Court decisions in Northern Sandblasting Pty Ltd v Harris and Jones v Bartlett. The author concludes that the High Court in Jones v Bartlett has placed sensible limitations on landlords' liability, by limiting liability to defects in the premises that were known or ought to have been revealed on a reasonable inspection by the landlord. The author points out that there are compelling policy considerations supporting the court's conclusion in that case that the landlord should not be required to arrange for the premises to be inspected by expert tradespeople.

Corporate liability for workplace deaths and injuries-reflecting on Victoria's laws in the light of the Esso Longford explosion

The purpose of this article is to consider some different legal models for the liability of corporations for the deaths and serious injuries of their employees, with particular emphasis on the law in Victoria.

Two recent developments in Victoria prompt this consideration. First, on 30 July 2001, the Victorian Supreme Court handed down its sentencing decision in the case arising from the explosion on 25 September 1998 at the Longford gas plant operated by Esso Australia Pty Ltd. The decision marked the end of the formal public consideration of a devastating event in Victorian industrial history, which began with the Royal Commission set up on 20 October 1998 to investigate the causes of an explosion in which two workers died and eight others were injured. Second, in early 2002, the Victorian Government failed in its attempt to introduce new criminal offences for corporate employers whose employees are killed or seriously injured at work. In spite of their failure to be passed by the Legislative Council in Victoria, these proposals warrant consideration. They represent a growing trend by policy makers in attempting to address more effectively the question of the liability for deaths and serious injuries of workers to employers who operate through the corporate form.

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.

The high court on vicarious liability

Vicarious liability (respondeat superior) is a venerable common law doctrine which holds an employer liable for the torts of employees, regardless of the fault of the employer. An employer's liability for the torts of its employees can represent a significant financial obligation and can affect both hiring and operational decisions of businesses. Vicarious liability is a prominent theme in the background of much litigation and is often the reason for litigating the issue of whether or not a worker is an employee. Vicarious liability may also arise through other relationships, such as partnership and agency. Two recent decisions by the High Court of Australia have drawn attention to the issue of vicarious liability. These decisions illuminate the High Court's view of vicarious liability's two main streams: negligence (Hollis v Vabu Pty Ltd) n2 and intentional tort (NSW v Lepore). [*2] n3

Bryan the builder-residential work only

The High Court, in the 1995 landmark case of Bryan v Maloney, held a builder of a residential house liable to a subsequent owner for economic loss suffered by way of the reduction in value of the house caused by its defective foundations. Since that decision, several cases in state courts have indicated that any extension of the principle in Bryan to commercial properties is a matter for the High Court. This year, Woolcock Street Investments Pty Ltd v CDG Pty Ltd provided the vehicle for the High Court to revisit the Bryan principle in a commercial context. Faced with the question 'can a subsequent owner of a commercial property who discovers faulty foundations sue the builder for the costs of fixing the problem before it causes any physical damage to person or property?', the resounding response from the High Court has been 'no'. Gleeson CJ, Gummow, Hayne and Heydon JJ in a joint judgment and McHugh J and Callinan J in separate judgements rejected any 'extension' of the Bryan principle to commercial premises. Much to the relief of the construction industry, the Court made it clear that it will be difficult for a subsequent owner to make out a case in negligence against the original builder unless it can show special vulnerability to the risk of injury. Kirby J, in a dissenting judgment, suggested that the extension of liability to commercial builders fits quite comfortably with general principles and lamented the 'incremental' approach to liability presently favoured by the Court. Consequent upon the retirement of Gaudron J, Kirby J appears to be a lonely light on the hill, shining a solitary beacon on matters of principle.

The revisitation of Bryan has long been anticipated. However, Woolcock does not provide the solid bricks and mortar craved by the construction industry. Close examination of the reasoning of the Court suggests that it may itself rest on faulty foundations. In his dissenting judgment, Kirby J questions some of the assumptions made by the majority and highlights the deficiencies of the 'stated case' procedure for a re-examination of this particular area of law, thus suggesting that Woolcock may not be completely sound.

Gardner; re BWW: Victorian Supreme Court makes landmark Australian ruling on tube feeding

• The Victorian Supreme Court has decided that artificial nutrition and hydration provided through a percutaneous gastrostomy tube to a woman in a persistent vegetative state may be withdrawn.
• The judge ruled, in line with a substantial body of international medical, ethical and legal opinion, that any form of artificial nutrition and hydration is a medical procedure, not part of palliative care, and that it is a procedure to sustain life, not to manage the dying process.
• Thus, the law does not impose a rigid obligation to administer artificial nutrition or hydration to people who are dying, without due regard to their clinical condition. The definition of key terms such as “medical treatment”, “palliative care”, and “reasonable provision of food and water” in this case will serve as guidance for end-of-life decisions in other states and territories.
• The case also reiterates the right of patients, and, when incompetent, their validly appointed agents or guardians, to refuse medical treatment.
• Where an incompetent patient has not executed a binding advance directive and no agent or guardian has been appointed, physicians, in consultation with the family, may decide to withdraw medical treatment, including artificial nutrition or hydration, on the basis that continuation of treatment is inappropriate and not in the patient’s best interests. However, Victoria and other jurisdictions would benefit from clarification of this area of the law

Extended supervision of sexual offenders in Australia and New Zealand : differences in implementation across jurisdictions

Australia and New Zealand have joined the movement of many Western societies in recent years to address a perceived gap in public safety by passing legislation allowing for extended supervision of sex offenders in the community after their release from prison. The Australian State of Victoria passed a law similar to that of New Zealand, and both laws have now been in effect for a similar period of time. Yet despite having comparable laws and approximately comparable base populations, there have been 145 extended supervision orders imposed in New Zealand and 20 such orders in Victoria. This article examines the differences in implementation and the underlying procedures used in the two jurisdictions to understand these very different outcomes. Implications for professional practice, ethics, public safety, and policy development are discussed.

Professional issues related to allegations and assessment of child sexual abuse in the context of family court litigation

This article focuses on the challenge of dealing with allegations of child sexual abuse in the context of the Family Court of Australia. Of all cases that come before the Court, those involving such allegations are relatively uncommon. they tend to be the most difficult cases, however, and are more likely to require a trial and the involvement of qualified practitioners. The review establishes that parental separation is a special circumstance in which sexual abuse may be more likely to occur, and many allegations of sexual abuse are found to be true. There is evidence, however, that a proportion of allegations made by people other than the child concerned may be false. Whether these false allegations are well intentioned and genuinely believed, or maliciously motivated has been a contentious issue. Issues considered include the mishandling of cases, the failure by professionals to consider equally plausible alternative hypotheses than the sexual abuse of a child, confirmation bias, and the profound repercussions of allegations for all members of the family. It is concluded that all allegations of child sexual abuse must be evaluated in a thorough and sensitive manner to separate the few false allegations from the many that are true.

Defendants' liability for pure mental harm to third parties in Australia : still a work in progress

In Australia, both common and statutory law allows compensation for negligently occasioned recognised psychiatric injury, but distinguishes between pure mental harm and consequential mental harm. This column briefly discusses the concept of pure "mental harm" and the major Australian cases relating to defendants' liability to third parties for causing them pure mental harm (Jaensch v Coffey (1984) 155 CLR 549 [PDF]; Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 [PDF]; Sullivan v Moody (2001) 207 CLR 562 [PDF]; and Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 [PDF]). The analysis focuses on judicial approaches to determining liability in these cases, especially causation. Lack of guiding principles and precise tests for attribution of liability are illustrated by Kemp v Lyell McEwin Health Service (2006) 96 SASR 192 [PDF]. This case is analysed first in the context of common law, and then in the light of the reform legislation contained in the Civil Liability Act 1936 (SA) and similar provisions in other jurisdictions.