Loss of chance in medical negligence claims now a lost cause?

The question whether the loss of chance of a better medical outcome in cases of medical negligence should be recognised as actionable damage is ‘a question which has divided courts and commentators throughout the common law world.’ In April 2010, the High Court handed down its anticipated decision in the case of Tabet (by her Tutor Sheiban) v Gett (2010) 240 CLR 537. The issue considered by the court was whether the appellant could claim in negligence for the loss of a chance of a better medical outcome. This issue had not been considered by the High Court previously, the most relevant cases being Rufo v Hosking (2004) 61 NSWLR 678 and Gavalas v Singh (2001) 3 VLR 404. Claiming for a loss of chance in a personal injury action raises questions as to recognised damage and causation, and the members of the High Court considered both of these.

Principles of taxation law [2nd Ed.]

"With its clear and concise explanations of taxation law concepts, Principles of Taxation Law 2009 is the ideal text for students studying this complex subject. It covers all major topics underpinning the Australian tax system, including income, deductions, capital gains, tax accounting, international issues, fringe benefits, tax administration, goods and services tax and, in this new edition, offsets and superannuation. Importantly, the book commences with a special chapter on how to study tax law and succeed in taxation law exams."--Publisher description.

One more tier, no more tears: Students’ perceptions of QUT Library’s 2nd tier learning and study support

This nuts and bolts session discusses QUT Library’s Study Solutions service which is staffed by academic skills advisors and librarians as the 2nd tier of its learning and study support model. Firstly, it will discuss the rationale behind the Study Solutions model and provide a brief profile of the service. Secondly, it will outline what distinguishes it from other modes of one-to-one learning support. Thirdly, it will report findings from a student perception study conducted to determine what difference this model of individual study assistance made to academic confidence, ability to transfer academic skills and capacity to assist peers. Finally, this session will include small group discussions to consider the feasibility of this model as best practice for other tertiary institutions and student perception as a valuable measure of the impact of learning support services.

Leadership [2nd Asia-Pacific ed.]

This second edition of Leadership continues to offer a balanced approach to the study of leadership, drawing on Australasian practices and international theory. It looks at the characteristics of leaders in a wide variety of Australasian settings - organisations in the private, public, and not-for-profit sectors, as well as in politics and in our community. Traditional content such as charismatic, transformational, contingency, and situational theories of leadership are covered in detail, along with the power, influence, motivation, coaching, communication, and team building aspects of leadership. The text also introduces contemporary issues, such as entrepreneurship, knowledge management, leadership in international contexts, and the importance of ethics and social responsibility.

A chance for diversity? Australian online journalism

Australia’s mainstream media landscape has long been recognised as highly limited – media ownership in the country has traditionally been concentrated in the hands of a very few, and (except for Sydney and Melbourne) it is common for major Australian cities to be served by only one local newspaper, usually produced by Rupert Murdoch’s News Ltd. This can be seen also to affect the quality and diversity of Australian journalism; additionally, the global decline of newspaper publishers’ revenues and overall adverse economic conditions exert further pressure on journalistic operations in the country. At the same time, and possibly in response to the increasing stresses on industrial journalism in the country and the implications they have for the quality of journalistic products, a vibrant and dynamic ecosystem of Australian industrial and citizen journalism publications has emerged online. Existing media organisations have built strong news brands online, while citizen journalists and political bloggers have given voice to issues, concerns, and opinions hitherto underrepresented in Australian mainstream journalism; of particular interest, however, is the increasing level of engagement and interaction between the two. While such interaction has been characterised by deep animosity at times (especially also in the context of the Australian federal election in November 2007), Australia has also seen the emergence and establishment of a number of new, intermediary online publications which act as spaces for public debate and analysis – from the public intellectualism of Online Opinion through the muckraking of Crikey to the progressive politics of New Matilda. The rise of social media as spaces for the discussion of news and politics further changes the media environment, potentially leading both to renewed conflict between professional and citizen journalists and to a greater level of engagement between journalists and audiences. Overall, then, such online developments offer a chance for a greater diversity of opinion and representation in Australian journalism, but also remain under a cloud from uncertain long-term business models and funding arrangements. This chapter outlines current trends in Australian online journalism, and speculates about their effect on the Australian news media landscape.

Dutch tilt, Aussie auteur : the films of Rolf de Heer. 2nd ed.

Dutch-born Australian director, Rolf de Heer, is Australia's most successful and unpredictable film-maker, with thirteen feature films of widely varying style and genre to his name. Arising from the author's 2006 - 2009 PhD research at the Queensland University of Technology (which focussed on the psychoanalytic use of sound in his films), and a fixed term Research Fellowship at the National Film and Sound Archive in Canberra, Australia, "Dutch Tilt, Aussie Auteur: The Films of Rolf de Heer" was first published in 2009 by VDM in Saarbrucken, Germany. This second edition addresses de Heer's additional film-making since 2009, and as with the first edition, is an auteur analysis of the thirteen feature films he has directed (and mostly written and produced). The book explores the theoretical instability of the concept of auteurism and concludes that there is a signature world view to be detected in his oeuvre, and that de Heer (quite possibly unconsciously) promotes unlikely protagonists who are non-hyper masculine, child-like and nurturing, as opposed to the typical Hollywood hero who is macho, exploitative and hyper masculine. Rolf de Heer was born in Heemskerk, Holland, in 1951 and migrated to Australia with his family in 1959. He spent seven years working for the ABC before gaining entry to Australia's Film, Television and Radio School, where he studied Producing and Directing. From his debut feature film after graduating, the children's story about the restoration of a Tiger Moth biplane, "Tail of a Tiger" (1984) to his breakout cult sensation "Bad Boy Bubby" (1993) which "tore Venice [Film Festival] apart" to the first Aboriginal Australian language film "Ten Canoes" (2006) which scooped the pool at the Australian Film Institute awards, de Heer has consistently proven himself unpredictable. This analysis of his widely disparate films, however, suggests that Australia's most innovative film-maker has a signature pre-occupation with giving a voice to marginalised, non-hyper masculine protagonists. Demonstrating a propensity to write and direct in a European-like style, his 'Dutch tilt' is very much not Hollywood, but is nevertheless representative of a typically Aussie world-view.

Contract Law Case Book [2nd ed.]

This case book contains the essential sections of the most significant cases in Australian contract law. Ready access to this collection of cases enables students to experience the law through the judges’ own words, and to develop the skills of interpreting and analysing cases in order to refine their understanding of the law. Excerpts from important statutes and writings are also included.

Sale of Businesses in Australia (2nd ed.)

The greater volume of businesses sold in Australia each year are small to medium enterprises. The administration of business contracts presents far different challenges than, for example, contracts for the sale of goods alone or contracts for the sale of land. The subject matter comprises both real and personal, and tangible and intangible property. Other considerations that do not affect those other commonplace contracts include dealing with employees who are both remaining and departing, taking account of restraints of trade, and the phenomena of the passing of property being different in respect of different forms of property being transferred in the same contract. In keeping with the format of the previous edition, the book is written with the busy practitioner in mind. It deals with the formation of business contracts, all aspects of disclosure both contractual and statutory, the role of agents, and detailed consideration of the different types of subject matter of small business contracts including, the lease of the premises, intellectual property, goodwill, licences, book debts and plant and equipment. It has up to date treatment of income tax implications of the sale and the impact of the latest Commonwealth legislation on dealing with employees of a business on sale. Consistent with the last edition, the book has chapters on time of the essence and completion, personal securities, restraint of trade clauses, special conditions and remedies for breach by both parties and misleading or deceptive conduct by the seller. In relation to personal securities, whilst the current State and Territory based law on Bills of Sale and other Chattel Securities has been the subject of commentary, the proposed national reform agenda has also been commented upon although that legislation is not due until May 2010 at the earliest

The Australian Consumer Law (2nd ed.)

The purpose of this book is to summarise and explain the substantive rights of consumers, and the obligations of businesses under the Australian Consumer Law (ACL). Since the first edition there have been two significant legislative developments at the Federal and State level which have been incorporated into this edition. The Competition and Consumer Legislation Amendment Act 2011 (Cth), which amends the provisions of the ACL relating to unconscionable conduct, took effect from 1 January 2012. In addition to this the Fair Trading Act 1999 (Vic) has been replaced by the Australian Consumer Law and Fair Trading Act 2012 (Vic), which applies the ACL as a law of the State of Victoria.

2nd Australian producer survey 2012 : understanding Australian screen content producers : wave 2

This report presents the top-line findings of the Australian Screen Producer survey conducted in December 2011. The report was prepared by Bergent Research and commissioned by the ARC Centre of Excellence for Creative Industries and Innovation (CCI), Queensland University of Technology, with assistance from the Centre for Screen Business, Australian Film Television and Radio School (AFTRS). The 2011 producer survey was a national study of the demographics, motivations, sentiments and activities of screen producers across four industry segments: Film, Television, Commercial and Digital Media. This survey is the second Australian Screen Producer survey and builds upon research undertaken in the Australian Screen Content Producer Survey conducted in 2009. The 2011 study is referred to in this report as Wave 2 and the 2009 study is referred to as Wave 1.

Civil Procedure : Commentary and Materials (2nd ed)

This book provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Each chapter features in-depth questions and notes together with lists of further reading to aid understanding of the issue. It also examines and discusses each substantive and procedural step in the trial process. Topics include jurisdiction of a court to consider a matter, court adjudication under an adversarial system, alternative dispute resolution. limitations of actions, commencing proceedings, pleading, gathering evidence, trial and appeal, costs and enforcement. Each of the state, territory and federal procedures is covered.