Litigiousness in Australia: Lessons from comparative law

How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.

A new educational technology for media and communication studies : mapping media in Australia and Sweden

This chapter reports on Australian and Swedish experiences in the iterative design, development, and ongoing use of interactive educational systems we call ‘Media Maps.’ Like maps in general, Media Maps are usefully understood as complex cultural technologies; that is, they are not only physical objects, tools and artefacts, but also information creation and distribution technologies, the use and development of which are embedded in systems of knowledge and social meaning. Drawing upon Australian and Swedish experiences with one Media Map technology, this paper illustrates this three-layered approach to the development of media mapping. It shows how media mapping is being used to create authentic learning experiences for students preparing for work in the rapidly evolving media and communication industries. We also contextualise media mapping as a response to various challenges for curriculum and learning design in Media and Communication Studies that arise from shifts in tertiary education policy in a global knowledge economy.

User behaviours and intentions with digital news media in Australia

This paper summarises findings from a survey of user behaviors and intentions towards digital media and information in Australia. It was undertaken in the first quarter of 2009 by the Queensland University of Technology Creative Industries Faculty and was funded by the Smart Services Cooperative Research Centre. The survey targeted users of 2 news and information sites that are available online only. Findings highlighted differences between the 18-24 year age segment and older users. Social networks (specifically friends and family) were rated as the least reliable, relevant and accurate sources of news. Other findings indicate online news sources that are associated with an established newspaper are highly valued as reliable, relevant and accurate news sources by most people. While most people prefer to use online news sources, there is a great deal of variation in the ways in which people actually use online news. From a total of 524 respondents to the survey it was possible to identify three main types of online news consumers: convenience, loyal and customising users.

The media and communications in Australia (3rd ed.)

Traditional media are under assault from digital technologies. Online advertising is eroding the financial basis of newspapers and television, demarcations between different forms of media are fading, and audiences are fragmenting. We can podcast our favourite radio show, data accompanies television programs, and we catch up with newspaper stories on our laptops. Yet mainstream media remain enormously powerful. The Media and Communications in Australia offers a systematic introduction to this dynamic field. Fully updated and revised to take account of recent developments, this third edition outlines the key media industries and explains how communications technologies are impacting on them. It provides a thorough overview of the main approaches taken in studying the media, and includes new chapters on social media, gaming, telecommunications, sport and cultural diversity. With contributions from some of Australia's best researchers and teachers in the field, The Media and Communications in Australia is the most comprehensive and reliable introduction to media and communications available. It is an ideal student text, and a reference for teachers of media and anyone interested in this influential industry.

Democracy, participation and convergent media : case studies in contemporary online news journalism in Australia

The shift from 20th century mass communications media towards convergent media and Web 2.0 has raised the possibility of a renaissance of the public sphere, based around citizen journalism and participatory media culture. This paper will evaluate such claims both conceptually and empirically. At a conceptual level, it is noted that the question of whether media democratization is occurring depends in part upon how democracy is understood, with some critical differences in understandings of democracy, the public sphere and media citizenship. The empirical work in this paper draws upon various case studies of new developments in Australian media, including online- only newspapers, developments in public service media, and the rise of commercially based online alternative media. It is argued that participatory media culture is being expanded if understood in terms of media pluralism, but that implications for the public sphere depend in part upon how media democratization is defined.

User behaviours and intentions in digital media in Australia

This paper reports findings from a study of user behaviours and intentions towards online news and information in Australia, undertaken by the Queensland University of Technology Creative Industries Faculty and the Smart Services Cooperative Research Centre. It has used a literature review, online survey, focus groups and interviews to explore attitudes and behaviours towards online news and information. The literature review on consumer user of online media highlighted emerging technical opportunities, and flagged existing barriers to access experienced by consumers in the Australian digital media sector. The literature review highlighted multiple disconnects between consumer interests in online news and their ability to fulfil them. This presents an opportunity for news entities to appraise and resolve. Doing so may enhance their service offering, attract consumers and improve loyalty. These themes were further explored by the survey. The survey results revealed three typologies of user, described as ‘convenience’, ‘loyal’ and ‘customising’. Convenience users tend to access news by default, for example when they log out of email. Loyal users seek out a trusted brand such as mainstream news mastheads. Customising users tend to tailor news to their preferences, and be the first to use leading edge media. Respondents to the survey were then invited to participate in focus groups, which aimed to test the survey results. Consumer perceptions and attitudes are important factors in progression towards an information economy, because ultimately consumers are customers. By segmenting the online news market according to customer typology, media providers may identify new opportunities to attract and retain customers.

Butterworths Questions and Answers : Criminal Law in Queensland and Western Australia

Criminal Law in Queensland and Western Australia is a new title in the Butterworths Questions and Answers (BQA) series, focusing on the criminal law in the main code states – Queensland and WA.

Preventing consumer credit over-commitment and irresponsible lending in Australia

Mirroring the trends in other developed countries, levels of household debt in Australia have risen markedly in recent years. As one example, the total amount lent by banks to individuals has risen from $175.5 billion in August 1995 to $590.5 billion in August 2005.1 Consumer groups an~ media commentators here have long raised concerns about the risks of increasing levels of household debt and over-commitment, linking these issues at least in part to irresponsible lending practices. And more recently, the Reserve Bank Governor has also expressed concerns about the ability 'of some households to manage if personal or economic circumstances change.2

Democracy, participation and convergent media : case studies in contemporary online news journalism in Australia

The shift from 20th century mass communications media towards convergent media and Web 2.0 has raised the possibility of a renaissance of the public sphere, based around citizen journalism and participatory media culture. This paper will evaluate such claims both conceptually and empirically. At a conceptual level, it is noted that the question of whether media democratization is occurring depends in part upon how democracy is understood, with some critical differences in understandings of democracy, the public sphere and media citizenship. The empirical work in this paper draws upon various case studies of new developments in Australian media, including online- only newspapers, developments in public service media, and the rise of commercially based online alternative media. It is argued that participatory media culture is being expanded if understood in terms of media pluralism, but that implications for the public sphere depend in part upon how media democratization is defined.

Democracy, participation and convergent media : case studies in contemporary online news journalism in Australia

The shift from 20th century mass communications media towards convergent media and Web 2.0 has raised the possibility of a renaissance of the public sphere, based around citizen journalism and participatory media culture. This paper will evaluate such claims both conceptually and empirically. At a conceptual level, it is noted that the question of whether media democratization is occurring depends in part upon how democracy is understood, with some critical differences in understandings of democracy, the public sphere and media citizenship. The empirical work in this paper draws upon various case studies of new developments in Australian media, including online-only newspapers, developments in public service media, and the rise of commercially based online alternative media. It is argued that participatory media culture is being expanded if understood in terms of media pluralism, but that implications for the public sphere depend in part upon how media democratization is defined.

Cosmetic surgery on children : professional and legal obligations in Australia

Public awareness and concern about cosmetic surgery on children is increasing. Nationally and internationally questions have been raised by the media and government bodies about the appropriateness of children undergoing cosmetic surgery. Considering the rates of cosmetic surgery in comparable Western societies, it seems likely that the number of physicians in Australia who will deal with a request for cosmetic surgery for a child will continue to increase. This is a sensitive issue and it is essential that physicians understand the professional and legal obligations that arise when cosmetic surgery is proposed for a child.

Defences in medical negligence : to what extent has tort law reform in Australia limited the liability of health professionals?

Tort law reform has resulted in legislation being passed by all Australian jurisdictions in the past decade implementing the recommendations contained in the Ipp Report. The report was in response to a perceived crisis in medical indemnity insurance. The objective was to restrict and limit liability in negligence actions. This paper will consider to what extent the reforms have impacted on the liability of health professionals in medical negligence actions. The reversal of the onus of proof through the obvious risk sections has attempted to extend the scope of the defence of voluntary assumption of risk. There is no liability for the materialisation of an inherent risk. Presumptions and mandatory reductions for contributory negligence have attempted to reduce the liability of defendants. It is now possible for reductions of 100% for contributory negligence. Apologies can be made with no admission of legal liability to encourage them being made and thereby reduce the number of actions being commenced. The peer acceptance defence has been introduced and enacted by legislation. There is protection for good samaritans even though the Ipp Report recommended against such protection. Limitation periods have been amended. Provisions relating to mental harm have been introduced re-instating the requirement of normal fortitude and direct perception. After an analysis of the legislation, it will be argued in this paper that while there has been some limitation and restriction, courts have generally interpreted the civil liability reforms in compliance with the common law. It has been the impact of statutory limits on the assessment of damages which has limited the liability of health professionals in medical negligence actions.