Caveat today gone tomorrow : Applying to the Supreme Court to Remove a Caveat

While there are many reasons why a client may seek removal of a caveat (which retains an interest in land or water allocation), the procedures involved require careful adherence.

Personal Injuries Proceedings Act 2002, s 32 - Duty to Disclose - consequences of non-disclosure - discretion to excuse non-compliance

In Newson v Aust Scan Pty Ltd t/a Ikea Springwood [2010] QSC 223 the Supreme Court examined the discretion under s 32(2) of the Personal Injuries Proceedings Act 2002 (Qld), to permit a document which has not been disclosed as required by the pre-court procedures under the PIPA to be used in a subsequent court proceeding. This appears to be the first time that the nature and parameters of the discretion have been judicially considered.

The story of the sixties...a pile-up on the freeway of advanced art

When does 1960s art begin and end? Certainly, aside from a few affinities, the decade’s artistic output does not exactly correspond to its popular conception as the ‘Swinging Sixties’. While it was rare that psychedelic art was truly challenging, the decade saw a number of perceptions change regarding the aims, boundaries and possibilities of experiencing art. Thus, this era has come to represent a watershed or crisis in modernist art. While in the Australian context many of these nascent trends were properly realised in the 1970s – with the full force and impact of post-object art – other challenges were first articulated in the 1950s. So, like any other demarcation of a decade, its limits and boundaries are porous.

Creative suburbia : cultural research and suburban geographies

Suburbanisation today is not necessarily what it used to be: rather than suburbs being outer urban commuter zones for people who work in the central business district, people living in new suburbs are increasingly likely to work in those suburbs, or to commute to other outer suburbs as their places of work. At one level, such trends affirm the analyses of the ‘Los Angeles School’ of urban geographers about the shift from the classical modernist city, with radial zones spreading out from a city centre where core businesses were located, to a more decentralised, ‘postmodern’ city. But they increasingly move beyond this postmodern perspective, in that the many suburbs are themselves centres of work and industry, and not simply centres of lifestyle and consumption. This article critically reflects upon the contemporary dynamics of the suburbs, and the public discourses that surround their development, in the context of the rise of the creative industries.

Qualitative inquiry as transformation and agency : the black sheep and workplace mobbing

This chapter discusses an action research project into the lived experience of the workplace mobbing phenomenon. The action research methodology is based on the exemplarian model (Coenen & Khonraad, 2003) from the Netherlands Group. This model requires positive outcomes for those immersed in the problem to reduce the adversity of their circumstances. The findings challenge the psychological perspective of the existing bullying literature that tends to focus on individual behaviour. This research, undertaken over a three year period with 212 participants, identified the dysfunctional nature of public sector bureaucracies and the power gained through gossip and rumour as some of the key emergent themes to explain the workplace mobbing problem. In addition, resistance, conscientisation, and agency were identified as the key to transformation for those targeted. The discussion focuses on the crystallisation phase of the exemplarian model where the participants identified themselves as the Black Sheep and adopted the motto that “a black sheep is a biting beast” (Bastard, 1565 or 6-1618, p. 90), reflecting a sense of empowerment, individual agency, and a sense of humour in dealing with the serious yet seemingly absurd reality of their situations. The identity of the Black Sheep was consolidated when the group organised a 2 day conference with over 200 attendees to discuss how best to prevent workplace mobbing. This self-affirming action was a proactive step towards metaphorically “biting back” at the problem. A number of positive outcomes were achieved including the conference with over 200 attending leading to national media coverage across Australia and additional interviews with magazines, newspapers, and radio.

Natures muses in Bruno Tuat’s Glashaus

Constructed for the 1914 Werkbund Exhibition in Cologne, Germany, the Glashaus was both a seminal example of early modernist architecture and Bruno Taut’s signature building. Over time, metaphors have come to be applied to the Glashaus. Within the realm of nature these metaphors include cosmic, geological, botanic and sexual. However these metaphors, like the history of the Glashaus, are not a foregone conclusion. Recently it has been argued that the majority of our current knowledge regarding the Glashaus derives not from the perspective of Bruno Taut as the architect, but rather directly from perspective of the art critic Adolf Behne. This argument goes further and proposes that Behne’s official history of Glashaus is possibly fabricated propaganda. So, if indeed the official history of the Glashaus is questionable, then too are the natural metaphors commonly applied to the building. By revisiting Bruno Taut’s pre-1915 writings, this investigation reveals that botanic metaphors appear to have been Taut’s primary source of inspiration for the design of the Glashaus. Through the exposure of this fact, this research contributes significantly to the current debates surrounding Bruno Taut, the Glashaus and the re-evaluation of the official histories of the modern movement.

Just give me the facts? literalism versus symbolism in B2B advertising

For decades the prevailing idea in B2B marketing has been that buyers are motivated by product/service specifications. Sellers are put on approved supplier lists, invited to respond to RFPs, and are selected on the basis of superior products, at the right price, delivered on time. The history of B2B advertising is filled with the advice “provide product specifications” and your advertising will be noticed, lead to sales inquiries, and eventually result in higher sales. Advertising filled with abstractions might work in the B2C market, but the B2B marketplace is about being literal. What we know about advertising — and particularly the message component of advertising — is based on a combination of experience, unproven ideas and a bit of social science. Over the years, advertising guidelines produced by the predecessors of BMA (National Industrial Advertising Association, Association of Industrial Advertising, and the Business/Professional Advertising Association) stressed emphasizing product features and tangible benefits. The major publishers of B2B magazines, e.g., McGraw-Hill, Penton Publishing, et al. had similar recommendations. Also, B2B marketing books recommend advertising that focuses on specific product features (Kotler and Pfoertsch, 2006; Lamons, 2005). In more recent times, abstraction in advertising messages has penetrated the B2B marketplace. Even though such advertising legends as David Ogilvy (1963, 1985) frequently recommended advertising based on hard-core information, we’ve seen the growing use of emotional appeals, including humor, fear, parental affection, etc. Beyond the use of emotion, marketers attempt to build a stronger connection between their brands and buyers through the use of abstraction and symbolism. Below are two examples of B2B advertisements — Figure 1A is high in literalism and Figure 1B is high in symbolism. Which approach — a “left-brain” (literal) or “right brain” (symbolic) is more effective in B2B advertising? Are the advertising message creation guidelines from the history of B2B advertising accurate? Are the foundations of B2B message creation (experience and unproven ideas) sound?

Fashion meets journalism : mapping and evaluating Australian fashion media

This study demonstrates how to study fashion journalism from the point of view, that it is its own field of journalism, akin to other journalism beats such as politics, sports and health. There is scope here for comment on the co-evolution of fashion and journalism, leading to ‘fashion journalism’ developing as a distinct field of study in its own right. This research contributes more generally to the field of media and cultural studies, by developing the threepart producer/text/reader model, which is the standard ‘media studies’ analytical framework. The study of fashion media from a cultural studies perspective acknowledges that cultural studies has pioneered the formal study of both journalism and fashion, for instance in studies of women’s magazines; but it has not brought the two areas together sufficiently. What little work has been done, however, has allowed theorists to explore how magazines promote feminism and form culture, which acts as a step in concreting fashion’s importance theoretically. This thesis has contributed to cultural studies by showing the relationship between the corporate industry, of both fashion and media (producer), and the active audience (reader) can be rethought and brought up to date for the more interactive era of the 21st century.

Why are children the most important audience for pornography in Australia?

Who watches pornography in Australia? If you listen to public debates about the genre the answer is clear – it’s children. Children are accessing pornography on smartphones (Murray and Tin 2011). Children are taking ‘lewd’ photographs of themselves, creating their own pornography (Nelligan and Etheridge 2011). Indigenous Australian children must be protected by banning pornography (the Age 2011). Pornographic magazines are placed where children can see them (O'Rourke 2011). Exposure to pornography is damaging children (Sundstrom 2011). The Australian Government insists that the Internet must be filtered to protect children from pornography (Collerton 2010). And if indeed any adults are watching pornography in Australia, then it’s child pornography (MacDonald 2011; Ralston and Howden 2011).In story after story, public debate about pornography focuses on children as its audience. There is no suggestion that children are numerically the largest audience of pornography in Australia. But emphatically the suggestion is that children are the most important audience to be taken into account when thinking about the genre. This chapter explores why this is the case, and notes the political advantages and disadvantages of focusing on children as the most important audience for pornography in Australia.

Masturbation and the media

This paper explores the important role the media play in informing young people about masturbation. A pilot study of focus groups with twenty-two young Australians, aged between 14-16 explored what they know about sex and sexuality, and where they have found that knowledge. This paper reports on their knowledge about masturbation. Although researchers agree that masturbation can be a positive part of healthy sexual development, most young people reported that they received very little positive information about it from their parents or in formal sex education in school. These young people’s discussions around this topic were largely ambivalent, but also highly complex due to the varying levels and types of information that they receive. In this context the media play a vital role in providing information about masturbation through books and magazines for young women, and television comedies for young men.

Health and community services for trafficked women : an exploratory study of policy and practice

The trafficking of women has attracted considerable international and national policy attention, particularly since the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000), of which the Australian Government has been a signatory since 2005. The provision of health and community services for trafficked women is a central feature of this Protocol, but in Australia service provision is made difficult by how trafficked women are understood and treated in policy and legal terms. This study aimed to explore the provision of health and community services for trafficked women in the Greater Sydney region through a series of interviews with government and non-government organisations. The findings reveal that services have been inaccessible as a result of sparse, uncoordinated, and poorly funded provision. The major obstacle to adequate and appropriate service provision has been a national policy approach focusing on 'border protection' and criminalisation rather than on trafficked women and their human rights. We conclude that further policy development needs to focus on the practical implications of how such rights can be translated into the delivery of health and community services that trafficked women can access and be supported by more effectively.

Menopause as a long-term risk to health : implications of general practitioner accounts of prevention for women’s choice and decision-making

Over the past two decades medical researchers and modernist feminist researchers have contested the meaning of menopause. In this article we examine various meanings of menopause in major medical and feminist literature and the construction of menopause in a semi-structured interview study of general practitioners in rural South Australia. Three discursive themes are identified in these interviews; (i) the hormonal menopause – symptoms, risk, prevention; (ii) the informed menopausal woman; and (iii) decision-making and hormone replacement therapy. By using the discourse of prevention, general practitioners construct menopause in relation to women's health care choices, empowerment and autonomy. We argue that the ways in which these concepts are deployed by general practitioners in this study produces and constrains the options available to women. The implications of these general practitioner accounts are discussed in relation to the proposition that medical and feminist descriptions of menopause posit alternative but equally-fixed truths about menopause and their relationship with the range of responses available to women at menopause. Social and cultural explanations of disease causality (c.f.Germov 1998, Hardey 1998) are absent from the new menopause despite their being an integral part of the framework of the women's health movement and health promotion drawn on by these general practitioners. Further, the shift of responsibility for health to the individual woman reinforces practice claims to empower women, but oversimplifies power relations and constructs menopause as a site of self-surveillance. The use of concepts from the women's health movement and health promotion have nevertheless created change in both the positioning of women as having ‘choices’ and the positioning of some general practitioners in terms of greater information provision to women and an attention to the woman's autonomy. In conclusion, we propose that a new menopause has evolved from a discursive shift in medicine and that there exists within this new configuration, claiming the empowerment of women as an integral part of health care for menopause, the possibility for change in medical practice which will broaden, strengthen, and maintain this position.

A discourse on the non-method

In spite of the activism of professional bodies and researchers, empirical evidence shows that project management still does not deliver the expected benefits and promises. Hence, many have questioned the validity of the hegemonic rationalist paradigm anchored in the Enlightenment and Natural Sciences tradition supporting project management research and practice for the last 60 years and the lack of relevance to practice of the current conceptual base of project management. In order to address these limitations many authors, taking a post-modernist stance in social sciences, build on ‘pre-modern’ philosophies such as the Aristotelian one, specially emphasizing the role of praxis (activity), and phronesis (practical wisdom, prudence). Indeed, ‘Praxis … is the central category of the philosophy which is not merely an interpretation of the world, but is also a guide to its transformation …’ (Vazquez, 1977:. 149). Therefore, praxis offers an important focus for practitioners and researchers in social sciences, one in which theory is integrated with practice at the point of intervention. Simply stated, praxis can serve as a common ground for those interested in basic and applied research by providing knowledge of the reality in which action, informed by theory, takes place. Consequently, I suggest a ‘praxeological’ style of reasoning (praxeology being defined as study or science of human actions and conduct, including praxis, practices and phronesis) and to go beyond the ‘Theory-Practice’ divide. Moreover, I argue that we need to move away from the current dichotomy between the two classes ‘scholars experts-researchers’ and ‘managers/workers-practitioners-participants’. Considering one single class of ‘PraXitioner’, becoming a phronimos, may contribute to create new perspectives and open up new ways of thinking and acting in project situations. Thus, I call for a Perestroika in researching and acting in project management situations. My intent is to suggest a balanced praxeological view of the apparent opposition between social and natural science approaches. I explore, in this chapter, three key questions, covering the ontological, epistemological and praxeological dimensions of project management in action. 1. Are the research approaches being currently used appropriate for generating contributions that matter to both theory and practice with regards to what a ‘project’ is or to what we do when we call a specific situation ‘a project’? 2. On the basis of which intellectual virtues is the knowledge generated and what is the impact for theory and practice? 3. Are the modes of action of the practitioners ‘prudent’ and are they differentiating or reconciling formal and abstract rationality from substantive rationality and situated reasoning with regards to the mode of action they adopt in particular project situations? The investigation of the above questions leads me to debate about ‘Project Management-as-Praxis’, and to suggest ‘A’ (not ‘THE’) ‘praxeological’ style of reasoning and mode of inquiry – acknowledging a non-paradigmatic, subjective and kaleidoscopic perspective – for ‘Knowing-as-Practicing’ in project management. In short, this is about making a ‘Projects Science’ that matters.