'All Good Things Must Come to an End': Terminating Co-Ownership Under the 'Old' Partition and Sale Rules

Despite its benefits, co-ownership of land creates problems where relations between the parties
have soured, or one person simply wants to extricate themselves from this arrangement. The
remedies of compulsory partition and sale allow one joint tenant or tenant in common to terminate
co-ownership against the wishes of the others, by seeking a court order to this effect. Throughout
parts of the common law world, this has be en based on nineteenth century English legislation namely
the Partition Act 1868, the key elements of which remain in force in Western Australia,
South Australia, Tasmania and the Australian Capital Territory. This article provides an up-to-date
analysis of the law on compulsory partition and sale as derived from the 1868 Act and analogous
provisions, drawing not only on Australian cases, but on frequently overlooked decisions from
courts in both parts of Ireland and in parts of Canada, as well as ‘old’ English judgments on the
1868 Act.

Do leaves of plants on phosphorus-impoverished soils contain high concentrations of phenolic defence compounds?

Prominent theories of plant defence have predicted that plants growing on nutrient-poor soils produce more phenolic defence compounds than those on richer soils. Only recently has the Protein Competition Model (PCM) of phenolic allocation suggested that N and P limitation could have different effects because the nutrients are involved in different cellular metabolic processes. 2. We extend the prediction of the PCM and hypothesize that N will have a greater influence on the production of phenolic defensive compounds than P availability, because N limitation reduces protein production and thus competition for phenylalanine, a precursor of many phenolic compounds. In contrast, P acts as a recyclable cofactor in these reactions, allowing protein and hence phenolic production to continue under low P conditions. 3. We test this hypothesis by comparing the foliar concentrations of phenolic compounds in (i) phenotypes of 21 species growing on P-rich alluvial terraces and P-depleted marine terraces in southern New Zealand, and (ii) 87 species growing under similar climates on comparatively P-rich soils in New Zealand vs. P-depleted soils in Tasmania. 4. Foliar P concentrations of plants from the marine terraces were about half those of plants from alluvial soils, and much lower in Tasmania than in New Zealand. However, foliar concentrations of N and phenolic compounds were similar across sites in both comparisons, supporting the hypothesis that N availability is a more important determinant of plant investment in phenolic defensive compounds than P availability. We found no indication that reduced soil P levels influenced plant concentrations of phenolic compounds. There was wide variation in the foliar N and P concentrations among species, and those with low foliar nutrient concentrations produced more phenolics (including condensed tannins). 5. Our study is the first trait comparison extending beyond standard leaf economics to include secondary metabolites related to defence in forest plants, and emphasizes that N and P have different influences on the production of phenolic defence compounds. © 2009 British Ecological Society.

Office of the University President Sous fonds: Dr. James A. Gibson

Dr. James A. Gibson was born in Ottawa on January 29, 1912 to John W. and Belle Gibson. At an early age the family moved to Victoria, B.C. where John W. Gibson was a director of the Elementary Agricultural Education Branch, Department of Education. Gibson received his early education in Victoria, receiving a B.A. (honours) at UBC in 1931. In 1931 he was awarded the Rhodes scholarship and received his B.A., M.A., B.Litt and D. Phil at New College, Oxford. This was to be the beginning of a long and dedicated relationship with the Rhodes Scholar Association. Upon his return to Canada, Dr. Gibson lectured in Economics and Government at the University of British Columbia. In 1938 he was married to Caroline Stein in Philadelphia, and the same year joined the staff of the Department of External Affairs as a Foreign Service officer. Within twenty minutes of his arrival he was seconded to the Office of the Prime Minister and Secretary of State for External Affairs, W. L. Mackenzie King in charge of War Records and Liaison Officer. This was a critical time in the history of Canada, and Dr. Gibson experienced firsthand several milestones, including the Royal Visit of King George VI and Queen Elizabeth in 1939. Dr. Gibson was present at the formation of the United Nations in San Francisco in 1945, being part of the Prime Minister’s professional staff as well as attending conferences in Washington, Quebec and London as an advisor to the Canadian delegation. Gibson contributed many articles to the publication bout de papier about his experiences during these years. After his resignation in 1947, Gibson joined the staff of the fledgling Carleton College, as a lecturer. In 1949 he was appointed a professor and in 1951 became Dean of Arts and Sciences. Dr. Gibson acted as President from 1955 to 1956 upon the sudden death of Dr. MacOdrum. In 1963 Dr. Gibson accepted the invitation of the Brock University Founders’ Committee, chaired by Arthur Schmon, to become the founding president. Dr. Gibson guided the new University from a converted refrigeration plant, to an ever expanding University campus on the brow of the Niagara Escarpment. Dr. Gibson remained firmly “attached” to Brock University. Even after official retirement, in 1974, he retained the title President Emeritus. Gibson’s final official contribution was an unpublished ten year history of the University. In retirement Gibson remained active in scholarly pursuits. He was a visiting scholar at the Center of Canadian Studies, University of Edinburgh; continued his ongoing research activities focusing on W. L. Mackenzie King, the Office of the Governor General of Canada, and political prisoners transported to Van Dieman’s Land. He remained active in the Canadian Association of Rhodes Scholars, becoming editor from 1975 to 1994 and was appointed Editor Emeritus and Director for Life in 1995 in honour of his dedicated and outstanding service. In 1993 he was awarded one of Canada’s highest achievements, the Order of Canada. Gibson retained close ties with Brock University and many of its faculty. He maintained an office in the Politics Department where he became a vital part of the department. In 1996 Brock University honoured Gibson by naming the University Library in his honour. James A. Gibson Library staff was instrumental in celebrating the 90th birthday of Gibson in 2002, with a widely attended party in the Pond Inlet where many former students, including Silver Badgers. The attendees also included former and current colleagues from Brock University, Canadian Rhodes Scholars Association, family and friends. Gibson was later to remark that the highlight of this event was the gift of his original academic robe which he had personally designed in 1964. In 2003 Dr. Gibson moved to Ottawa to be near some of his children and the city of his birth and early career. In that year “two visits to Brock ensued: the first, to attend a special celebration of the James A. Gibson Library; his late to attend the 74th Convocation on Saturday, October 18, 2003. A week later, in Ottawa, he went for a long walk, returned to his residence, Rideau Gardens, went into the lounge area, took off his coat and folded it up, put it on the back of his chair, sat down, folded his hands in his lap, closed his eyes, and died”. With sources from: Carleton University The Charlatan, Gibson CV, and Memorial Service Programme

Dr. Stuart D. Scott Papers, 1837-2010 (non-inclusive)

Dr. Stuart D. Scott has written extensively in the fields of prehistory and history. As an archaeologist, he has traveled to some of the most significant sites in the world, including Pompeii, Stonehenge, the Valley of the Kings, Egypt’s pyramids and the Taj Mahal. He spent nine months excavating with the Tikal Project in Guatemala before returning to the University of Arizona where he received a Ph.D. in 1963. He excavated in New Zealand as a Fulbright scholar in 1963-1964. In the fall of 1964, Dr. Scott started a long career in the Anthropology Department of the State University of New York. He taught graduate and undergraduate archaeology courses and continued his archaeological and historical research. In 1979, Scott established the Old Fort Niagara Archaeology in Progress Project at Old Fort Niagara in Youngstown, New York. For many years, he became involved with historical archaeology in western New York. It was during this work that he became interested in the Upper Canada Rebellion of 1837-1838 and its aftermath. Dr. Scott and his wife, Patricia Kay Scott, would use Christmas breaks, summer vacations, and sabbatical years to travel. They were repeatedly lured back to the South Pacific, conducting research in New Zealand, Australia and many of the Micronesian and Polynesian islands. To tell the whole story of the Rebellion and the prison exiles, they traveled extensively in Canada, the United States, England and Tasmania to collect archival research and to experience the scenes of this remarkable narrative. In 2004, Dr. Scott published To the Outskirts of Habitable Creation: Americans and Canadians Transported to Tasmania in the 1840s, which told the story of the men captured, tried, convicted, and exiled as a result of the Rebellion, also called the Patriot War. Other contributions include: • A collaboration with Dr. Charles Cazeau on the book Exploring the Unknown, Great Mysteries Reexamined published by Plenum Press in 1979 • The Patriot Game: New Yorkers and the Canadian Rebellion of 1837-1838, which appeared in New York History, Vol. 68, No.3. 1987 • A Frontier Spirit: The Life of James Gemmell published in Australiasian Canadian Studies, Vol. 25, No. 2 2007 • To the Outskirts of Habitable Creation which appeared in the Friends of the National Archives, Vol. 20, No. 1 2009 • Numerous academic journal publications • Service on conference panels • Various research papers and proposals Before retiring in 1997 and while still a resident of Buffalo, N.Y., Dr. Scott spent considerable time with Brock University President Emeritus James A. Gibson and History Professor Colin Duquemin. The three shared a love of Rebellion history. It was largely because of this connection that Brock University was chosen as the recipient of Dr. Scott’s research materials.

Input usage, output mix and industry deregulation: an analysis of the Australian dairy manufacturing industry

In this paper we estimate a Translog output distance function for a balanced panel of state level data for the Australian dairy processing sector. We estimate a fixed effects specification employing Bayesian methods, with and without the imposition of monotonicity and curvature restrictions. Our results indicate that Tasmania and Victoria are the most technically efficient states with New South Wales being the least efficient. The imposition of theoretical restrictions marginally affects the results especially with respect to estimates of technical change and industry deregulation. Importantly, our bias estimates show changes in both input use and output mix that result from deregulation. Specifically, we find that deregulation has positively biased the production of butter, cheese and powders.

Public Art Commission, Where is Heidenheim? Tina O'Connell and Neal White

Research undertaken through significant public art commission. The researchers were both artists were selected separately by Dr Penelope Curtis of Tate and then the shortlist was awarded through competition (peer reviewed by Critics and Artist in Germany) part of the Heidenheim Sculpture Biennial, Germany (€18K). The work was realised by two companies in Heidenheim. Where is Heidenheim? was based within the Heidenheim Zietung newspaper[HZ] and drew together a site of a local paper in a small town in Germany with other local International papers; Wendover Times – Utah, USA;, Limerick Leader, Ireland; Free Imphal Press, Manipur, India; Hibr, Lebanon; Namibia Times, Namibia and The Countryman, Tasmania, Australia. Each of these papers ran a story showing a sign erected onto HZ in Heidenheim, which was subsequently printed inside HZ itself – linking together sites and local voices. Project research identifying global partners was conducted through the management of a PhD research student from the BU Media School - Venkata Vermuri. The work for both artists expands the context of their research into the impact of global networks on public art, and the traditions and norms of public art being confined to single ‘geographical’ sites. This research indicates the potential for media as a common public space that can also be used.

Conchostráceos Palaeolimnadiopsis (Spinicaudata, Crustacea) do grupo Bauru (cretáceo superior, bacia Bauru): Taxonomia, paleoecologia e paleobiogeografia

The present study presents a taxonomic review of Palaeolimnadiopsis suarezi Mezzalira described in Bauru Group. The geographic and stratigraphic distribution of the genus Palaeolimnadiopsis is widespread, including occurrences in several countries as Brazil, Bolivia, Chile, Uruguay, USA, Congo, China, Australia, Tasmania, Russia, Germany, Scottland, France and Belgium, in rocks from the Devonian to the Cretaceous. This taxon was probably eurytopic, with a high dispersal potential and very conservative in evolution. One specimen identified as Palaeolimnadiopsis sp. is much larger than the average (~3.5 cm long), presenting relatively wide and few growth bands. The gigantism of this specie may be related to conditions that excluded potential predators and competitors from the environment, as is indicated by the presence of more saline and/or alkaline water conditions than in normal fresh water suggested a relatively high proportion of carbonates in that region and stratigraphic interval. © 2013 by the Sociedade Brasileira de Paleontologia.

The identity of Sertularia reptans Linnaeus, 1758 (Bryozoa, Candidae)

This paper includes a reassessment of Scrupocellaria reptans (Linnaeus, 1758) (basionym Sertularia reptans), the lectotype of which is selected and figured from among herbarium-sheet specimens held at the Linnean Society of London. Material previously assigned to S. reptans was examined, providing morphological characteristics to distinguish Scrupocellaria ellisi n. sp. Scrupocellaria reptans has a geographically limited distribution in the United Kingdom, while S. ellisi is more widespread in the North Sea, Northeast Atlantic, Adriatic and Tasmania.

Habitat use of migrating dwarf minke whales (Balaenoptera acutorostrata subspecies) in Tasmanian waters

The Great Barrier Reef hosts the only known reliable aggregation of dwarf minke whale (Balaenoptera acutorostrata subspecies) in Australian waters. While this short seasonal aggregation is quite predictable, the distribution and movements of the whales during the rest of their annual cycle are poorly understood. In particular, feeding and resting areas on their southward migration which are likely to be important have not been described. Using satellite telemetry data, I modelled the habitat use of seven whales during their southward migration through waters surrounding Tasmania. The whales were tagged with LIMPET satellite tags in the GBR in July 2013 (2 individuals) and 2014 (5 individuals). The study area around Tasmania was divided into 10km² cells and the time spent by each individual in each cell was calculated and averaged based on the number of animals using the cell. Two areas of high residency time were highlighted: south-western Bass Strait and Storm Bay (SE Tasmania). Remotely sensed ocean data were extracted for each cell and averaged temporally during the entire period of residency. Using Generalised Additive Models I explored the influence of key environmental characteristics. Nine predictors (bathymetry, distance from coast, distance from shore, gradient of sea surface temperature, sea surface height (absolute and variance), gradient of current speed, wind speed and chlorophyll-a concentration) were retained in the final model which explained 68% of the total variance. Regions of higher time-spent values were characterised by shallow waters, proximity to the coast (but not to the shelf break), high winds and sea surface height but low gradient of sea surface temperature. Given that the two high residency areas corresponded with regions where other marine predators also forage in Bass Strait and Storm Bay, I suggest the whales were probably feeding, rather than resting in these areas.

Cryptic invertebrates on subtidal rocky reefs vary with microhabitat structure and protection from fishing

The deployment of flat concrete blocks on subtidal rocky reefs can replicate natural reef microhabitats and provides a means for standardized sampling of cryptic invertebrates. The shape of the cavity beneath the block is related to reef topography and may influence the invertebrate community by affecting the amount of space for cryptic fauna to colonise and influencing the effectiveness of their predator-defence mechanisms. To determine the effect of sub-block reef structure and different levels of external predators on cryptic molluscs and echinoderms, I deployed concrete blocks at locations inside and outside the Maria Island marine reserve in eastern Tasmania, Australia. Relationships between sub-block reef structure and the cryptic invertebrate assemblage were evident between locations, whereas only a small but significant proportion of variation of assemblages between blocks within location was explained by reef surface area. No clear association with external predation pressure was evident in multivariate analyses of variation in assemblage structure. Juvenile abalone Haliotis rubra were not influenced by micro-habitat structure but were significantly less abundant at protected locations, the only species to exhibit such a response. This result follows a decline of emergent adult abalone in the marine reserve and raises the possibility of recruitment failure of abalone at some fully protected locations in the longer term.

Newly detected ozone-depleting substances in the atmosphere

Ozone-depleting substances emitted through human activitiescause large-scale damage to the stratospheric ozone layer, and influence global climate. Consequently, the production of many of these substances has been phased out; prominent examples are the chlorofluorocarbons (CFCs), and their intermediate replacements, the hydrochlorofluorocarbons (HCFCs). So far, seven types of CFC and six types of HCFC have been shown to contribute to stratospheric ozone destruction 1,2. Here, we report the detection and quantification of a further three CFCs and one HCFC. We analysed the composition of unpolluted air samples collected in Tasmania between 1978 and 2012, and extracted from deep firn snow in Greenland in 2008, using gas chromatography with mass spectrometric detection. Using the firn data, we show that all four compounds started to emerge in the atmosphere in the 1960s. Two of the compounds continue to accumulate in the atmosphere. We estimate that, before 2012, emissions of all four compounds combined amounted to more than 74,000 tonnes. This is small compared with peak emissions of other CFCs in the 1980s of more than one million tonnes each year 2. However, the reported emissions are clearly contrary to the intentions behind the Montreal Protocol, and raise questions about the sources of these gases.

Unusual Southern Hemisphere tree growth patterns induced by changes in the Southern Annular Mode

Recent changes in the summer climate of the Southern Hemisphere extra-tropics are primarily related to the dominance of the positive phase of the Southern Annular Mode1, 2. This shift in the behaviour of the Southern Annular Mode—essentially a measure of the pressure gradient between Southern Hemisphere mid and high latitudes—has been predominantly induced by polar stratospheric ozone depletion2, 3, 4. The concomitant southward expansion of the dry subtropical belts5, 6 could have consequences for forest growth. Here, we use tree-ring records from over 3,000 trees in South America, Tasmania and New Zealand to identify dominant patterns of tree growth in recent centuries. We show that the foremost patterns of growth between 1950 and 2000 differed significantly from those in the previous 250 years. Specifically, growth was higher than the long-term average in the subalpine forests of Tasmania and New Zealand, but lower in the dry-mesic forests of Patagonia. We further demonstrate that variations in the Southern Annular Mode can explain 12–48% of the tree growth anomalies in the latter half of the twentieth century. Tree-ring-based reconstructions of summer Southern Annular Mode indices suggest that the high frequency of the positive phase since the 1950s is unprecedented in the past 600 years. We propose that changes in the Southern Annular Mode have significantly altered tree growth patterns in the Southern Hemisphere.

Chlorine isotope composition in chlorofluorocarbons CFC-11, CFC-12 and CFC-113 in firn, stratospheric and tropospheric air

The stratospheric degradation of chlorofluorocarbons (CFCs) releases chlorine, which is a major contributor to the destruction of stratospheric ozone (O3). A recent study reported strong chlorine isotope fractionation during the breakdown of the most abundant CFC (CFC-12, CCl2F2, Laube et al., 2010a), similar to effects seen in nitrous oxide (N2O). Using air archives to obtain a long-term record of chlorine isotope ratios in CFCs could help to identify and quantify their sources and sinks. We analyse the three most abundant CFCs and show that CFC-11 (CCl3F) and CFC-113 (CClF2CCl2F) exhibit significant stratospheric chlorine isotope fractionation, in common with CFC-12. The apparent isotope fractionation (ϵapp) for mid- and high-latitude stratospheric samples are respectively −2.4 (0.5) and −2.3 (0.4) ‰ for CFC-11, −12.2 (1.6) and −6.8 (0.8) ‰ for CFC-12 and −3.5 (1.5) and −3.3 (1.2) ‰ for CFC-113, where the number in parentheses is the numerical value of the standard uncertainty expressed in per mil. Assuming a constant isotope composition of emissions, we calculate the expected trends in the tropospheric isotope signature of these gases based on their stratospheric 37Cl enrichment and stratosphere–troposphere exchange. We compare these projections to the long-term δ (37Cl) trends of all three CFCs, measured on background tropospheric samples from the Cape Grim air archive (Tasmania, 1978–2010) and tropospheric firn air samples from Greenland (North Greenland Eemian Ice Drilling (NEEM) site) and Antarctica (Fletcher Promontory site). From 1970 to the present day, projected trends agree with tropospheric measurements, suggesting that within analytical uncertainties, a constant average emission isotope delta (δ) is a compatible scenario. The measurement uncertainty is too high to determine whether the average emission isotope δ has been affected by changes in CFC manufacturing processes or not. Our study increases the suite of trace gases amenable to direct isotope ratio measurements in small air volumes (approximately 200 mL), using a single-detector gas chromatography–mass spectrometry (GC–MS) system.