Beyond Bryan: Builders' liability and pure economic loss

In Bryan v Maloney, the High Court extended a builder’s duty of care to encompass a liability in negligence for the pure economic loss sustained by a subsequent purchaser of a residential dwelling as a result of latent defects in the building’s construction. Recently, in Woolcock Street Investments Pty Ltd v CDG Pty Ltd, the Court refused to extend this liability to defects in commercial premises. The decision therefore provides an opportunity to re-examine the rationale and policy behind current jurisprudence governing builders’ liability for pure economic loss. In doing so, this article considers the principles relevant to the determination of a duty of care generally and whether the differences between purchasers of residential and commercial properties are as great as the case law suggests

Forensic challenges in service oriented architectures

Digital forensics relates to the investigation of a crime or other suspect behaviour using digital evidence. Previous work has dealt with the forensic reconstruction of computer-based activity on single hosts, but with the additional complexity involved with a distributed environment, a Web services-centric approach is required. A framework for this type of forensic examination needs to allow for the reconstruction of transactions spanning multiple hosts, platforms and applications. A tool implementing such an approach could be used by an investigator to identify scenarios of Web services being misused, exploited, or otherwise compromised. This information could be used to redesign Web services in order to mitigate identified risks. This paper explores the requirements of a framework for performing effective forensic examinations in a Web services environment. This framework will be necessary in order to develop forensic tools and techniques for use in service oriented architectures.

There is nothing that 'identifies me to that place' : Aboriginal Women's perceptions of health spaces and places

There is a growing body of literature within social and cultural geography that explores notions of place, space, culture, race and identity. The more recent works suggest that places are experienced and understood in multiple ways and are embedded within an array of politics. Memmott and Long, who have undertaken place-based research with Australian Indigenous people, present the theoretical position that ‘place is made and takes on meaning through an interaction process involving mutual accommodation between people and the environment’. They outline that places and their cultural meanings are generated through one or a combination of three types of people–environment interactions. These include: a place that is created by altering the physical characteristics of a piece of environment and which might encompass a feature or features which are natural or made; a place that is created totally through behaviour that is carried out within a specific area, therefore that specific behaviour becomes connected to that specific place; and a place created by people moving or being moved from one environment to another and establishing a new place where boundaries are created and activities carried out. All these ideas of places are challenged and confirmed by what Indigenous women have said about their particular use of, and relationship with, space within several health services in Rockhampton, Central Queensland. As my title suggests, Indigenous women do not see themselves as ‘neutral’ or ‘non-racialised’ citizens who enter and ‘use’ a supposedly neutral health service. Instead, Aboriginal women demonstrate they are active recognisers of places that would identify them within the particular health place. That is, they as Aboriginal women didn’t just ‘make’ place, the places and spaces ‘make’ them. The health services were identified as sites within which spatial relations could begin to grow with recognition of themselves as Aboriginal women in place, or instead create a sense of marginality in the failure of the spaces to identify them. The women’s voices within this paper are drawn from interviews undertaken with twenty Aboriginal women in Rockhampton, Central Queensland, Australia, who participated in a research project exploring ‘how the relationship between health services and Aboriginal women can be more empowering from the viewpoints of Aboriginal women’. The assumption underpinning this study was that empowering and re-empowering practices for Aboriginal women can lead to improved health outcomes. Throughout the interviews women shared some of their lived realities including some of their thoughts on identity, the body, employment in the health sector, service delivery and their notions of health service spaces and places. Their thoughts on health service spaces and places provide an understanding of the lived reality for Aboriginal women and are explored and incorporated within this paper.

‘Storyline patents’: are plots patentable?

The most interesting questions that arise in patent law are the ones that test the boundaries of patentable subject matter. One of those questions has been put forward recently in the United States in an argument in favour of patenting the plots of fictional stories. United States attorney Andrew F Knight has claimed that storylines are patentable subject matter and should be recognised as such. What he claims is patentable is not the copyrightable expression of a written story or even a written outline of a plot but the underlying plot of a story itself. The commercial application of ‘storyline patents’, as he describes them, is said to be their exclusive use in books and movies. This article analyses the claims made and argues that storylines are not patentable subject matter under Australian law. It also contends that policy considerations, as well as the very nature of creative works, weigh against recognition of ‘storyline patents’.

Modern Times : The Untold Story of Modernism in Australia

Richly illustrated and beautifully designed, Modern Times - The Untold Story of Modernism in Australia reveals how modernism transformed all aspects of Australian culture across five tumultuous decades from 1917 to 1967. The influence of modernism was far-reaching. "Modern Times" looks at all things modern and as diverse as art, advertising, photography, film, fashion, the body, architecture, interiors, recreational sites such as the new swimming pools and fountains, milk bars and auto culture.Modernism embodied the utopian possibilities of the twentieth century. It transformed Australian cities into complex metropolises and offered access to new cosmopolitan cultures. This is the first time that such diverse material has been brought together in one volume.

Introduction: Resistance, Recovery and Revitalisation

Aboriginal and Torres Strait Islander perspectives on contemporary cultural issues are presented in this collection of critical essays by indigenous Australians. From museums and anthropology to land rights and feminism, a range of topics are covered that touch on both indigenous and mainstream Australian history. Discussions of identity politics, the concept of Aboriginality, and aesthetic representations of indigenous people are rich with insight about the evolution of indigenous culture, with its shift from marginalization to cultural prominence in modern scholarship.

Stretch : episodes of a recreation in progress

An episodic recreation of Hibberd's Stretch of the Imagination presented as a performance extract as part of the Enter the New Wave Symposium at Melbourne University September 2007.

?ot I (What I?) - Re_Designing Beckett

This research explores a new approach to Beckett’s Not I, a work in which the spectator is asked to focus primarily on a human mouth suspended in space eight feet off the ground. The digital reconstitution of the x, y and z axes in Beckett's work has been retitled "?ot I". In "?ot I", the prescribed x, y and z axes of the original have been re-spatialised environmentally, physically and aurally to create an invigorated version of the text. In this work, it is primarily the reconstitution of spatial dynamics and time that are explored. An adaption and series of responses to Samuel Beckett's "Not I", first performed at Melbourne University and Deakin Motion.Lab, Deakin University, 2007

Analysis of the effect of negation on information retrieval of medical data

Most information retrieval (IR) models treat the presence of a term within a document as an indication that the document is somehow "about" that term, they do not take into account when a term might be explicitly negated. Medical data, by its nature, contains a high frequency of negated terms - e.g. "review of systems showed no chest pain or shortness of breath". This papers presents a study of the effects of negation on information retrieval. We present a number of experiments to determine whether negation has a significant negative affect on IR performance and whether language models that take negation into account might improve performance. We use a collection of real medical records as our test corpus. Our findings are that negation has some affect on system performance, but this will likely be confined to domains such as medical data where negation is prevalent.

Doing justice : young people’s representations of the Murray-Darling Basin

The business of helping children to grow up as ‘custodians’, or ‘future managers’ of the Murray-Darling Basin is not simple, and that single sources of information and ways of seeing the environment are not enough. Children (and adults) need to be able to relate individually, emotionally and aesthetically to their places if they are to learn to love them. However, they also need access to a variety of ways of thinking and seeing those same places if they are to be able to take action to sustain them – action that inevitably involves forms of communication with their fellow citizens. This chapter documents the writing and art program Special Forever, with its focus on communications, as an important intervention into promoting eco-social sustainability.

The review of Australia's asylum laws and policies: a case for strengthening Parliament's role in protecting rights through post-enactment scrutiny

The central contention of this article is that there is a need for greater involvement of legislators in overseeing a systematic and rights-based scrutiny of the impact of legislation and policy. The recent operation of Australia s asylum laws and policies, in particular provides an illustration of the reforms required. Challenges to the rights of non-citizens in Australia and other jurisdictions serve as a reminder of the extent of change required before rights are firmly entrenched in the processes of government. A useful step forward would be to enhance the role of legislators in setting the criteria and agenda for post-enactment scrutiny in light of issues raised during pre-legislative scrutiny.