Costs on review - what charges are appropriate?

In Picamore Pty Ltd v Challen [2015] QDC 067 McGill DCJ considered the nature of a review under r742 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) in the context of a review of a costs assessment conducted under the Legal Profession Act 2007 (Qld). His Honour increased the amount that had been allowed by the costs assessor for a number of items. The judgment includes observations about what may appropriately be charged for particular items of legal work.

Cynodon dactylon, Green Couch Grass 'TL1'

Chance seedling: observed in about 1989 as a distinctly coarser textured, densely matting, darker green mutant bermuda grass plant growing among the hybrid ‘Tifgreen’ on the eighth green at the Townsville Golf Course. Although ‘TL1’ was selected from a sward of the hybrid Bermuda grass ‘Tifgreen’, its inflorescence structure (4, not 3, racemes per inflorescence), agronomic attributes (e.g. its tolerance to certain herbicides), and its DNA profile are consistent with a chance seedling of Cynodon dactylon rather than a mutant plant of hybrid (C. dactylon x transvaalensis) origin. Selection criteria: exceptionally short stolon internodes resulting in an extremely tight knit stolon mat under close (c. 5-6 mm) but not very close (c. 3-4 mm) mowing; very deep, strong rhizome system; very dark green colour; tolerates shade better than other Australian bermuda grass varieties of common knowledge (except for ‘Plateau’A); and remains low growing under heavy tropical cloud cover even after 6-8 months. Designated ‘TL1’ by Tropical Lawns Pty Ltd and trialed successfully during the late 1990s and early 2000s in high wear situations (e.g. golf tees) in north Queensland. Propagation: vegetative. Breeder: Barry McDonagh, Townsville, QLD. PBR Certificate Number 2638, Application Number 2002/267, granted 24 February 2005.

Clinical tips: Mental health and Christmas explained

Christmas is usually a time for celebration, being with family and friends, opening presents, stuffing yourself silly with food at Christmas lunch – then doing it all over again at dinner. However, this may not be the case for some people. Relationships with family may be strained, or there may have been the loss of a loved one or significant other...

Political feminism: Activist art in Australia in 2015

Brisbane-based artist and Founding Co-Director of LEVEL artist run initiative Courtney Coombs discusses feminist activist art practice in Australia. Recent discussions both in the art world and beyond have increased the profile and demystified the notion of feminism in the twenty-first century, and the term has once again become integrated into mainstream discussion internationally and in Australia. Now that pop music star Taylor Swift has declared herself a feminist, you could be persuaded that the 'f' word has finally become socially acceptable. However, while many artists have adopted the feminist label across the country, it often feels like feminism has become a lifestyle choice rather than a political one. When the badge is so readily worn by many, society can be fooled into thinking that there is no more work to be done. With the 'f' word once again acceptable while the 'p' word (patriarchy) remains so pass , how are artists responding to the changed conditions but continued imposition of what bell hooks has described as the 'imperialist white supremacist capitalist patriarchy'?

Ultrasound of paediatric appendicitis and its secondary sonographic signs: Providing a more meaningful finding

Sonography is an important clinical tool in diagnosing appendicitis in children as it can obviate both exposure to potentially harmful ionising radiation from computed tomography scans and the need for unnecessary appendicectomies. This review examines the diagnostic accuracy of ultrasound in the identification of acute appendicitis, with a particular focus on the the utility of secondary sonographic signs as an adjunct or corollary to traditionally examined criteria. These secondary signs can be important in cases where the appendix cannot be identified with ultrasound and a more meaningful finding may be made by incorporating the presence or absence of secondary sonographic signs. There is evidence that integrating these secondary signs into the final ultrasound diagnosis can improve the utility of ultrasound in cases where appendicitis is expected, though there remains some conjecture about whether they play a more important role in negative or positive prediction in the absence of an identifiable appendix.

Clinical Tips: Crohn's and Colitis

Inflammatory bowel disease (IBD) describes a group of chronic relapsing inflammatory conditions of the gastrointestinal tract (GIT), with Crohn’s disease and ulcerative colitis being the two most common. Ulcerative colitis affects the colon, with the inflammation limited to the colonic mucosal layers. In contrast, the full thickness of the gut wall can be inflamed in Crohn’s disease, and any part of the GIT can be affected – from the mouth to the anus, though the small and large intestine are most commonly involved...

Clinical tips: Food poisoning

Food poisoning is used to describe a range of illnesses caused by drinking or eating contaminated drink or food. Infectious pathogens include bacteria, viruses, parasites, or their toxins, though food poisoning can also be a result of eating poisonous plants e.g. some mushrooms, or animals e.g. puffer fish. Common symptoms include nausea, vomiting, watery diarrhoea, abdominal pain and cramps, and fevers, though these will vary depending on the causative pathogen or toxin. Symptoms can start within hours of eating contaminated food, or may begin days or weeks later. Most food poisoning is mild in nature, lasts for several hours to a few days, and generally resolves without treatment. However, some cases of food poisoning can also be extremely severe, with people requiring medical attention or admission to hospital...

Clinical tips: Actively supporting customers to make a significant lifestyle change for New Year

We have all made these New Year’s resolutions before ... to be healthier, to eat better, to look after ourselves more, to go to the gym more. Each year, we are adamant we will stick with these resolutions, but deep down, we all know most of us will have given up before February even arrives. So we have put together a few tips to help you actively support your customers to make a significant lifestyle change for the New Year. Healthy eating – it is important for your customers to have realistic expectations. It is all too easy to say they will stop eating junk food, and start ‘eating healthy’. Advising them that it is important to be realistic and starting with a few small measurable goals, such as aiming to eat two servings of fruits or five servings of vegetables each day, will work better in the long run. Small tweaks and modifications can add up to a major change quite quickly...

Veterans' Health

The Australian veteran population can be loosely grouped into the younger veterans that are currently serving in, or returned from recent conflicts, to the ‘young elderly’ (65 to 74 years of age) from the Cold War era, to the near centenarians and centenarians from the earlier conflicts of World War 1 and 2. In 2013, 58.2% of veterans receiving medical treatment under the Gold or White cards were males being on average 71.3 years of age, while the average age of females was 83.4 years. Overall, 51.5% were 80+ years of age (ranging from <30, to 90+ years of age)...

Clinical tips: The “12 days of Christmas” - surviving and preparing for Christmas as a retailer

“We wish you a Merry Christmas, and a Happy New Year” ... when the Christmas carols start playing in the pharmacy, it is a reminder the silly season has crept up on us. Christmas should be a time of celebration, fun and spending time with loved ones and families. However, if pharmacies are not prepared it can easily turn into the “nightmare before Christmas”. So to make sure everything runs smoothly like Santa’s schedule, we have compiled a few tips to help retailers survive and prepare for Christmas...

Nausea associated with migraines

Migraines are particularly common in young adults, with the prevalence reducing after the late 40s and early 50s years of age.1,2 Migraines are headaches that can have a throbbing or pulsating feeling, and often occur with nausea, vomiting, and sensitivity to light and sound. These headaches can last between a few hours to three days.1,3 They place a significant burden of disease on quality of life, and have a socio-economic impact through loss of productiveness and sick days.4 Most people report experiencing at least one migraine attack each month, with many reporting that migraine attacks interfered with their daily activities.2 Migraines have been ranked as the third most prevalent and seventh highest specific cause of disability around the world...

Plantation hardwood resource specifications required for planning small log sawing infrastructure investment in Queensland.

Improved information on the product quality of the plantation resource is needed to allow businesses to consider investing in the development of value-adding processing facilities. These facilities are likely to require customised design that optimises the utilisation of future small diameter plantation hardwood logs. This log resource will become available as wood supply in Queensland transitions from native forests to 100% from sustainable plantations. This resource will be controlled by plantations established prior to 2000. A survey of the three main growers (former Forest Enterprises Australia Pty Ltd, former Forestry Corporation of New South Wales, Hancock Queensland Plantation Pty Ltd) revealed that C. citriodora subsp.variegata – CCV (28.0%), Eucalyptus dunnii (27.5%), E. pilularis (23.0%), E. grandis (11.3%) and E. cloeziana –GMS (7.1%) were the most widely planted species in the southern Queensland and northern New South Wales subtropical hardwood estate and would potentially dominate the supply of plantation hardwoods to sawmill processing facilities.

Editorial: Closing the gap: Nurses and midwives making a difference

Life expectancy at birth is one of the main indicators of health inequality. Current health and social status indicators for Australian Indigenous people demonstrate major discrepancies in comparison to other Australians. For example, in Australia in 2005–2007 the Indigenous life expectancy gap at birth was 11.5 years for males and 9.7 years for females (Australian Bureau of Statistics, 2009). This gap has remained relatively constant over the last few decades (ABS, 2008). While the main causes of death for Indigenous Australians are similar to those of non-Indigenous Australians, the percentages attributed to the different disease categories are significantly different. For example, death from external causes is 16.2% for the Indigenous population compared to 6.3% for non-Indigenous, and diabetes is 8% for Indigenous Australians compared to 2.4% for non-Indigenous (ABS, 2008; AIHW, 2008). The Australian Government’s response to this troubling issue, urged on by unprecedented support from the public, was the Close the Gap initiative which aims to reduce the gap in life expectancy within a generation (Shadow Report, 2010). Since the introduction of the Close the Gap strategy there have been some claims of success. For example, the Honourable Warren Snowden (Snowden, 2010), Minister for Indigenous Health, outlines some of the changes that have occurred as a result of the implementation of the Indigenous Chronic Disease Package, funded at $805.5 million over four years, as: 294 new positions...

Spotless decided per incuriam? - A contrary view

The article considers the implications of the decision of the High Court in Spotless Services Pty Ltd (1996) 141 ALR 92; 34 ATR 183. It argues in particular that the decision was made per incuriam.

The mini clinical evaluation exercise (mini-CEX) for assessing clinical performance of international medical graduates

Objective: To evaluate the feasibility, reliability and acceptability of the mini clinical evaluation exercise (mini-CEX) for performance assessment among international medical graduates (IMGs). Design, setting and participants: Observational study of 209 patient encounters involving 28 IMGs and 35 examiners at three metropolitan teaching hospitals in New South Wales, Victoria and Queensland, September-December 2006. Main outcome measures: The reliability of the mini-CEX was estimated using generatisability (G) analysis, and its acceptability was evaluated by a written survey of the examiners and IMGs. Results: The G coefficient for eight encounters was 0.88, suggesting that the reliability of the mini-CEX was 0.90 for 10 encounters. Almost half of the IMGs (7/16) and most examiners (14/18) were satisfied with the mini-CEX as a learning tool. Most of the IMGs and examiners enjoyed the immediate feedback, which is a strong component of the tool. Conclusion: The mini-CEX is a reliable tool for performance assessment of IMGs, and is acceptable to and well received by both learners and supervisors.