Setting aside default judgment - whether judgment regularly or irregularly entered - service under Corporations Act 2001 (Cth) s109X(1) - requirements for affadavit of service

In Hill v Robertson Suspension Systems Pty Ltd [2009] QDC 165 McGill DCJ considered the procedural requirements for the service of originating process on a company, and for proving that service for the purpose of obtaining default judgment.The judge’s views adopt a strict and technical construction of the requirements for an affidavit of service under r 120(1)(b). Though clearly obiter, they may well affect the approach taken on applications to enter or set aside default judgments in the lower courts. Pending further judicial consideration of the issue, it is suggested the prudent course is to ensure that the deponent of an affidavit for service effected under s 109X(1)(a) of the Act deposes not only to the location of the registered office of the company but also, at a minimum, provides the source of that information.

The OO files : providing online formative feedback on Contract Law learning in a narrative setting

Feedback, both formative and summative, enables students to reflect on their understandings and to restructure their thinking to develop their capabilities. It can also encourage positive motivation and help boost self-esteem. Online multiple choice questions can be an efficient and effective means of providing timely formative feedback. At the same time, locating learning in a narrative environment can facilitate engaging and effective learning experiences. Narratives can help learners to navigate through information and support cognitive and imaginative engagement. This article will discuss The 00 Files, an online suite of modules containing multiple choice questions situated in the narrative of a fictional law firm. It notes student responses to the program and discusses lessons that may be learnt from its development which may be of assistance to academics considering the development of similar programs for their courses.

Sustainable infrastructure procurement in Australia : standard vs. project practices

The Australian Government and most Australian road authorities have set ambitious greenhouse gas emission (GHGe) reduction targets for the near future, many of which have translated into action plans. However, previous research has shown that the various Australian state road authorities are at different stages of implementing ‘green’ initiatives in construction planning and development, with considerable gaps in their monitoring, tendering, and contracting. This study illustrates the differences between procurement standards and project specific practices that aim to reduce GHGe from road construction projects in three of the largest Australian road construction clients, with a focus on the tools used, contract type and incentives for better performance.

A leap into foodservice satisfaction in the private acute care setting

Monitoring foodservice satisfaction is a risk management strategy for malnutrition in the acute care sector, as low satisfaction may be associated with poor intake. This study aimed to investigate the relationship between age and foodservice satisfaction in the private acute care setting. Patient satisfaction was assessed using a validated tool, the Acute Care Hospital Foodservice Patient Satisfaction Questionnaire for data collected 2008–2010 (n = 779) at a private hospital, Brisbane. Age was grouped into three categories; <50 years, 51–70 years and >70 years. Fisher’s exact test assessed independence of categorical responses and age group; ANOVA or Kruskal–Wallis test was used for continuous variables. Dichotomised responses were analysed using logistic regression and odds ratios (95% confidence interval, p < 0.05). Overall foodservice satisfaction (5 point scale) was high (≥4 out of 5) and was independent of age group (p = 0.377). There was an increasing trend with age in mean satisfaction scores for individual dimensions of foodservice; food quality (p < 0.001), meal service quality (p < 0.001), staff service issues (p < 0.001) and physical environment (p < 0.001). A preference for being able to choose different sized meals (59.8% > 70 years vs 40.6% ≤50 years; p < 0.001) and response to ‘the foods are just the right temperature’ (55.3% >70 years vs 35.9% ≤50 years; p < 0.001) was dependent on age. For the food quality dimension, based on dichotomised responses (satisfied or not), the odds of satisfaction was higher for >70 years (OR = 5.0, 95% CI: 1.8–13.8; <50 years referent). These results suggest that dimensions of foodservice satisfaction are associated with age and can assist foodservices to meet varying generational expectations of clients.

Aromatherapy for postoperative nausea and vomiting

Background: Postoperative nausea and vomiting is one of the most common adverse reactions to surgery and all types of anaesthesia and despite the wide variety of available antiemetic and anti-nausea treatments, 20-30% of all patients still suffer moderate to severe nausea and vomiting following general anaesthesia. While aromatherapy is well-known and is used personally by nurses, it is less well utilised in the healthcare setting. If aromatherapy is to become an accepted adjunct treatment for postoperative nausea and vomiting, it is imperative that there is both an evidence base to support the use of aromatherapy, and a nursing workforce prepared to utilise it. Methods: This involved a Cochrane Systematic Review, a Delphi process to modify an existing tool to assess beliefs about aromatherapy to make it more relevant to nursing and midwifery practice, and a survey to test the modified tool in a population of nurses and midwives. Findings: The systematic review found that aromatherapy with isopropyl alcohol was more effective than placebo for reducing the number of doses of rescue antiemetics required but not more effective than standard antiemetic drugs. The Delphi panel process showed that the original Beliefs About Aromatherapy Scale was not completely relevant to nursing and midwifery practice. The modified Nurses' Beliefs About Aromatherapy Scale was found to be valid and reliable to measure nurses' and midwives' beliefs about aromatherapy. Factor analysis supported the construct validity of the scale by finding two sub-scales measuring beliefs about the 'usefulness of aromatherapy' and the 'scientific basis of aromatherapy'. Survey respondents were found to have generally positive beliefs about aromatherapy, with more strongly positive beliefs on the 'usefulness of aromatherapy' sub-scale. Conclusions: From the evidence of the systematic review, the use of isopropyl alcohol vapour inhalation as an adjunct therapy for postoperative nausea and vomiting is unlikely to be harmful and may reduce nausea for some adult patients. It may provide a useful therapeutic option, particularly when the alternative is no treatment at all. Given the moderately positive beliefs expressed by nurses and midwives particularly about the usefulness of aromatherapy there is potential for this therapy to be implemented and used to improve patient care.

Predicate encryption with various properties

Predicate encryption (PE) is a new primitive which supports exible control over access to encrypted data. In PE schemes, users' decryption keys are associated with predicates f and ciphertexts encode attributes a that are specified during the encryption procedure. A user can successfully decrypt if and only if f(a) = 1. In this thesis, we will investigate several properties that are crucial to PE. We focus on expressiveness of PE, Revocable PE and Hierarchical PE (HPE) with forward security. For all proposed systems, we provide a security model and analysis using the widely accepted computational complexity approach. Our first contribution is to explore the expressiveness of PE. Existing PE supports a wide class of predicates such as conjunctions of equality, comparison and subset queries, disjunctions of equality queries, and more generally, arbitrary combinations of conjunctive and disjunctive equality queries. We advance PE to evaluate more expressive predicates, e.g., disjunctive comparison or disjunctive subset queries. Such expressiveness is achieved at the cost of computational and space overhead. To improve the performance, we appropriately revise the PE to reduce the computational and space cost. Furthermore, we propose a heuristic method to reduce disjunctions in the predicates. Our schemes are proved in the standard model. We then introduce the concept of Revocable Predicate Encryption (RPE), which extends the previous PE setting with revocation support: private keys can be used to decrypt an RPE ciphertext only if they match the decryption policy (defined via attributes encoded into the ciphertext and predicates associated with private keys) and were not revoked by the time the ciphertext was created. We propose two RPE schemes. Our first scheme, termed Attribute- Hiding RPE (AH-RPE), offers attribute-hiding, which is the standard PE property. Our second scheme, termed Full-Hiding RPE (FH-RPE), offers even stronger privacy guarantees, i.e., apart from possessing the Attribute-Hiding property, the scheme also ensures that no information about revoked users is leaked from a given ciphertext. The proposed schemes are also proved to be secure under well established assumptions in the standard model. Secrecy of decryption keys is an important pre-requisite for security of (H)PE and compromised private keys must be immediately replaced. The notion of Forward Security (FS) reduces damage from compromised keys by guaranteeing confidentiality of messages that were encrypted prior to the compromise event. We present the first Forward-Secure Hierarchical Predicate Encryption (FS-HPE) that is proved secure in the standard model. Our FS-HPE scheme offers some desirable properties: time-independent delegation of predicates (to support dynamic behavior for delegation of decrypting rights to new users), local update for users' private keys (i.e., no master authority needs to be contacted), forward security, and the scheme's encryption process does not require knowledge of predicates at any level including when those predicates join the hierarchy.

Lost in translation, found in translation : A case study of working psychodynamically in an interpreter-assisted setting

Effective use of psychotherapeutic treatment in interpreter-assisted settings is well established; however, there has been little discussion of the use of psychodynamically-informed treatments in such settings. The literature suggests that therapy facilitated by interpreters is not conducive to psychodynamic approaches due to the presence of a third person, the perceived lack of intimacy, and the difficulties of working with translated material. However, transference, countertransference and other unconscious communications and responses necessarily occur in every therapeutic setting, including triadic therapy using interpreters. This paper describes a short-term (12 session) psychodynamically-oriented intervention with a 52-year old Cantonese-speaking man suffering from depression. A female, Chinese-born interpreter assisted in every session. The integral role of supervision in supporting a containing relationship between the therapist and the patient and the difficult emotional responses experienced by the interpreter is highlighted. The paper attempts to trace some of the unconscious communications that occurred during the therapy and demonstrates the feasibility of working psychodynamically in an interpreter-assisted setting.

Engineering the fitness of older patients for chemotherapy : an exploration of Comprehensive Geriatric Assessment in practice

Clinicians often report that currently available methods to assess older patients, including standard clinical consultations, do not elicit the information necessary to make an appropriate cancer treatment recommendation for older cancer patients. An increasingly popular way of assessing the potential of older patients to cope with chemotherapy is a Comprehensive Geriatric Assessment. What constitutes Comprehensive Geriatric Assessment, however, is open to interpretation and varies from one setting to another. Furthermore, Comprehensive Geriatric Assessment’s usefulness as a predictor of fitness for chemotherapy and as a determinant of actual treatment is not well understood. In this article, we analyse how Comprehensive Geriatric Assessment was developed for use in a large cancer service in an Australian capital city. Drawing upon Actor–Network Theory, our findings reveal how, during its development, Comprehensive Geriatric Assessment was made both a tool and a science. Furthermore, we briefly explore the tensions that we experienced as scholars who analyse medico-scientific practices and as practitioner–designers charged with improving the very tools we critique. Our study contributes towards geriatric oncology by scrutinising the medicalisation of ageing, unravelling the practices of standardisation and illuminating the multiplicity of ‘fitness for chemotherapy’.

Iris based identity verification robust to sample presentation security attacks

Iris based identity verification is highly reliable but it can also be subject to attacks. Pupil dilation or constriction stimulated by the application of drugs are examples of sample presentation security attacks which can lead to higher false rejection rates. Suspects on a watch list can potentially circumvent the iris based system using such methods. This paper investigates a new approach using multiple parts of the iris (instances) and multiple iris samples in a sequential decision fusion framework that can yield robust performance. Results are presented and compared with the standard full iris based approach for a number of iris degradations. An advantage of the proposed fusion scheme is that the trade-off between detection errors can be controlled by setting parameters such as the number of instances and the number of samples used in the system. The system can then be operated to match security threat levels. It is shown that for optimal values of these parameters, the fused system also has a lower total error rate.

Toward an in-depth understanding of cardiovascular interventional nursing : a qualitative study into nursing within the cardiac catheterisation laboratory setting

Introduction: Nursing in the cardiac catheterisation laboratory (CCL) varies globally in terms of scope and deployment. In the US, all allied staff are cross-trained into all CCL roles. The Australian and New Zealand experience has legislative frameworks that reserves specific functions to nurses. Yet, the nursing role within the CCL is poorly researched and defined. Aim: This study sought to gain deeper understanding of the perceived role of CCL nurses in Australia and New Zealand. Method: A descriptive qualitative study using semi-structured in-depth interviews was used. A cross-sectional sample of 23 senior clinical nurses or nursing managers representing 16 CCLs across Australia and New Zealand was obtained. Data were digitally recorded and transcribed verbatim prior to analysis by three researchers. Results: Five major themes emerged from the data. These themes were: 1. The CCL is a unique environment; 2. CCL nursing is a unique and advanced cardiac nursing discipline; 3. The recruitment attributes for CCL nurses are advanced; 4. Education needs to be standardised; and 5. The evidence to support practice is poor. Discussion: The CCL environment is a dynamic, deeply interdisciplinary setting with CCL nursing seen to be a unique advanced practice role. Yet the time has come for a scope of practice, educational standards, guidelines and competencies was expressed by the participants. Conclusion: Nursing in the CCL is an advanced practice role working within a complex interdisciplinary environment. Further work is required to define the role of CCL nurses together with the evidence-base for their practice.

Preparing culturally and linguistically diverse nursing students for clinical practice in the health care setting

The number of culturally and linguistically diverse (CALD) students seeking enrollment in higher education courses in Western countries where English is the predominant language has grown considerably in the past decade, especially in undergraduate health care courses. When enrolled in nursing courses, students are required to complete clinical placements. Such experiences can create significant challenges for CALD students where language, cultural differences, and interpretation of cultural norms complicate the learning process. To assist CALD nursing students to transition successfully, an extracurricular integrated curriculum program was developed and implemented at a university in Queensland, Australia. The program is a series of interactive workshops based on the principles of caring pedagogy and student-centered learning. The program applies strategies that combine small-group discussions with peers, role-plays, and interactions with final-year nursing student volunteers. Evaluation of the program suggests it has assisted most of the students surveyed to be successful in their clinical studies.

ASICS : authenticated key exchange security incorporating certification systems

Most security models for authenticated key exchange (AKE) do not explicitly model the associated certification system, which includes the certification authority (CA) and its behaviour. However, there are several well-known and realistic attacks on AKE protocols which exploit various forms of malicious key registration and which therefore lie outside the scope of these models. We provide the first systematic analysis of AKE security incorporating certification systems (ASICS). We define a family of security models that, in addition to allowing different sets of standard AKE adversary queries, also permit the adversary to register arbitrary bitstrings as keys. For this model family we prove generic results that enable the design and verification of protocols that achieve security even if some keys have been produced maliciously. Our approach is applicable to a wide range of models and protocols; as a concrete illustration of its power, we apply it to the CMQV protocol in the natural strengthening of the eCK model to the ASICS setting.

Equity in estate litigation : setting aside inter vivos transactions post mortem on the grounds of undue influence and unconscionable bargains

Where the value of an estate of a deceased person has been diminished by intervivos transfers of property, equitable doctrines provide powerful tools for practitioners advising those who are seeking to claim benefits under wills (or an intestacy) and those seeking further and better provision from the deceased estate.