Estate contestation in Australia: An empirical study of a year of case law

This article reports on a study which reviewed all publicly available succession law judgments in Australia during a 12-month period. The article begins with a brief overview of the relevant Australian law and the method adopted for the case review to provide some context for the analysis that follows. It then shifts to its primary objective: to provide an overview of Australian estate litigation during this period with a particular focus on analysing the family provision contests, which comprised over half the cases in the sample. The article examines how many estates were subject to family provision claims, who were contesting them, and to what extent those challenges were successful. The article also considers variation in estate litigation across Australian states and the impact of estate size on contests. It concludes by identifying the themes that emerged from these judicial cases and outlines their significance for law and practice reform.

Bees at war: Interspecific battles and nest usurpation in stingless bees

We provide the first evidence for interspecific warfare in bees, a spectacular natural phenomenon that involves a series of aerial battles and leads to thousands of fatalities from both attacking and defending colonies. Molecular analysis of fights at a hive of the Australian stingless bee Tetragonula carbonaria revealed that the attack was launched by a related species, Tetragonula hockingsi, which has only recently extended its habitat into southeastern Queensland. Following a succession of attacks by the same T. hockingsi colony over a 4-month period, the defending T. carbonaria colony was defeated and the hive usurped, with the invading colony installing a new queen. We complemented our direct observations with a 5-year study of more than 260 Tetragonula hives and found interspecific hive changes, which were likely to be usurpation events, occurring in 46 hives over this period. We discuss how fighting swarms and hive usurpation fit with theoretical predictions on the evolution of fatal fighting and highlight the many unexplained features of these battles that warrant further study.

Postglacial Early Permian (late Sakmarian-early Artinskian) shallow-marine carbonate deposition along a 2000 km transect from Timor to west Australia

Late Sakmarian to early Artinskian (Early Permian) carbonate deposition was widespread in the marine intracratonic rift basins that extended into the interior of Eastern Gondwana from Timor in the north to the northern Perth Basin in the south. These basins spanned about 20° of paleolatitude (approximately 35°S to 55°S). This study describes the type section of the Maubisse Limestone in Timor-Leste, and compares this unit with carbonate sections in the Canning Basin (Nura Nura Member of the Poole Sandstone), the Southern Carnarvon Basin (Callytharra Formation) and the northern Perth Basin (Fossil Cliff Member of the Holmwood Shale). The carbonate units have no glacial influence and formed part of a major depositional cycle that, in the southern basins, overlies glacially influenced strata and lies a short distance below mudstone containing marine fossils and scattered dropstones (perhaps indicative of sea ice). In the south marine conditions became more restricted and were replaced by coal measures at the top of the depositional sequence. In the north, the carbonate deposits are possibly bryozoan–crinoidal mounds; whereas in the southern basins they form laterally continuous relatively thin beds, deposited on a very low-gradient seafloor, at the tops of shale–limestone parasequences that thicken upward in parasequence sets. All marine deposition within the sequence took place under very shallow (inner neritic) conditions, and the limestones have similar grain composition. Bryozoan and crinoidal debris dominate the grain assemblages and brachiopod shell fragments, foraminifera and ostracod valves are usually common. Tubiphytes ranged as far south as the Southern Carnarvon Basin, albeit rarely, but is more common to the north. Gastropod and bivalve shell debris, echinoid spines, solitary rugose corals and trilobite carapace elements are rare. The uniformity of the grain assemblage and the lack of tropical elements such as larger fusulinid foraminifera, colonial corals or dasycladacean algae indicate temperate marine conditions with only a small increase in temperature to the north. The depositional cycle containing the studied carbonate deposits represents a warmer phase than the preceding glacially influenced Asselian to early Sakmarian interval and the subsequent cool phase of the “mid” Artinskian that is followed by significant warming during the late Artinskian–early Kungurian. The timing of cooler and warmer intervals in the west Australian basins seems out-of-phase with the eastern Australian succession, but this may be a problem of chronostratigraphic miscorrelation due to endemic faunas and palynofloras.

Univariate, bivariate, and multivariate methods in corpus-based lexicography : A study of synonymy

In this dissertation, I present an overall methodological framework for studying linguistic alternations, focusing specifically on lexical variation in denoting a single meaning, that is, synonymy. As the practical example, I employ the synonymous set of the four most common Finnish verbs denoting THINK, namely ajatella, miettiä, pohtia and harkita ‘think, reflect, ponder, consider’. As a continuation to previous work, I describe in considerable detail the extension of statistical methods from dichotomous linguistic settings (e.g., Gries 2003; Bresnan et al. 2007) to polytomous ones, that is, concerning more than two possible alternative outcomes. The applied statistical methods are arranged into a succession of stages with increasing complexity, proceeding from univariate via bivariate to multivariate techniques in the end. As the central multivariate method, I argue for the use of polytomous logistic regression and demonstrate its practical implementation to the studied phenomenon, thus extending the work by Bresnan et al. (2007), who applied simple (binary) logistic regression to a dichotomous structural alternation in English. The results of the various statistical analyses confirm that a wide range of contextual features across different categories are indeed associated with the use and selection of the selected think lexemes; however, a substantial part of these features are not exemplified in current Finnish lexicographical descriptions. The multivariate analysis results indicate that the semantic classifications of syntactic argument types are on the average the most distinctive feature category, followed by overall semantic characterizations of the verb chains, and then syntactic argument types alone, with morphological features pertaining to the verb chain and extra-linguistic features relegated to the last position. In terms of overall performance of the multivariate analysis and modeling, the prediction accuracy seems to reach a ceiling at a Recall rate of roughly two-thirds of the sentences in the research corpus. The analysis of these results suggests a limit to what can be explained and determined within the immediate sentential context and applying the conventional descriptive and analytical apparatus based on currently available linguistic theories and models. The results also support Bresnan’s (2007) and others’ (e.g., Bod et al. 2003) probabilistic view of the relationship between linguistic usage and the underlying linguistic system, in which only a minority of linguistic choices are categorical, given the known context – represented as a feature cluster – that can be analytically grasped and identified. Instead, most contexts exhibit degrees of variation as to their outcomes, resulting in proportionate choices over longer stretches of usage in texts or speech.

Spatial and temporal distribution of tropical phytoplankton species and biomass in the Gulf of Carpenteria, Australia

The biomass and species composition of tropical phytoplankton in Albatross Bay, Gulf of Carpentaria, northern Australia, were examined monthly for 6 yr (1986 to 1992). Chlorophyll a (chl a) concentrations were highest (2 to 5.7 mu g l(-1)) in the wet season at inshore sites, usually coinciding with low salinities (30 to 33 ppt) and high temperatures (29 to 32 degrees C). At the offshore sites chi a concentrations were lower (0.2 to 2 mu g l(-1)) and did not vary seasonally. Nitrate and phosphate concentrations were generally low (0 to 3.68 mu M and 0.09 to 3 mu M for nitrate and phosphate respectively), whereas silicate was present in concentrations in the range 0.19 to 13 mu M. The phytoplankton community was dominated by diatoms, particularly at the inshore sites, as determined by a combination of microscopic and high-performance liquid chromatography (HPLC) pigment analyses. At the offshore sites the proportion of green flagellates increased. The cyanobacterium genus Trichodesmium and the diatom genera Chaetoceros, Rhizosolenia, Bacteriastrum and Thalassionema dominated the phytoplankton caught in 37 mu m mesh nets; however, in contrast to many other coastal areas studied worldwide there was no distinct species succession of the diatoms and only Trichodesmium showed seasonal changes in abundance. This reflects a stable phytoplankton community in waters without pulses of physical and chemical disturbances. These results are discussed in the context of the commercial prawn fishery in the Gulf of Carpentaria and the possible effect of phytoplankton on prawn larval growth and survival.

Adaptation and management of Australian buffalograss cultivars for shade and water conservation

Soft-leaf buffalo grass is increasing in popularity as an amenity turfgrass in Australia. This project was instigated to assess the adaptation of and establish management guidelines for its use in Australias vast array of growing environments. There is an extensive selection of soft-leaf buffalo grass cultivars throughout Australia and with the countrys changing climates from temperate in the south to tropical in the north not all cultivars are going to be adapted to all regions. The project evaluated 19 buffalo grass cultivars along with other warm-season grasses including green couch, kikuyu and sweet smother grass. The soft-leaf buffalo grasses were evaluated for their growth and adaptation in a number of regions throughout Australia including Western Australia, Victoria, ACT, NSW and Queensland. The growth habit of the individual cultivars was examined along with their level of shade tolerance, water use, herbicide tolerance, resistance to wear, response to nitrogen applications and growth potential in highly alkaline (pH) soils. The growth habit of the various cultivars currently commercially available in Australia differs considerably from the more robust type that spreads quicker and is thicker in appearance (Sir Walter, Kings Pride, Ned Kelly and Jabiru) to the dwarf types that are shorter and thinner in appearance (AusTine and AusDwarf). Soft-leaf buffalo grass types tested do not differ in water use when compared to old-style common buffalo grass. Thus, soft-leaf buffalo grasses, like other warm-season turfgrass species, are efficient in water use. These grasses also recover after periods of low water availability. Individual cultivar differences were not discernible. In high pH soils (i.e. on alkaline-side) some elements essential for plant growth (e.g. iron and manganese) may be deficient causing turfgrass to appear pale green, and visually unacceptable. When 14 soft-leaf buffalo grass genotypes were grown on a highly alkaline soil (pH 7.5-7.9), cultivars differed in leaf iron, but not in leaf manganese, concentrations. Nitrogen is critical to the production of quality turf. The methods for applying this essential element can be manipulated to minimise the maintenance inputs (mowing) during the peak growing period (summer). By applying the greatest proportion of the turfs total nitrogen requirements in early spring, peak summer growth can be reduced resulting in a corresponding reduction in mowing requirements. Soft-leaf buffalo grass cultivars are more shade and wear tolerant than other warm-season turfgrasses being used by homeowners. There are differences between the individual buffalo grass varieties however. The majority of types currently available would be classified as having moderate levels of shade tolerance and wear reasonably well with good recovery rates. The impact of wear in a shaded environment was not tested and there is a need to investigate this as this is a typical growing environment for many homeowners. The use of herbicides is required to maintain quality soft-leaf buffalo grass turf. The development of softer herbicides for other turfgrasses has seen an increase in their popularity. The buffalo grass cultivars currently available have shown varying levels of susceptibility to the chemicals tested. The majority of the cultivars evaluated have demonstrated low levels of phytotoxicity to the herbicides chlorsulfuron (Glean) and fluroxypyr (Starane and Comet). In general, soft leaf buffalo grasses are varied in their makeup and have demonstrated varying levels of tolerance/susceptibility/adaptation to the conditions they are grown under. Consequently, there is a need to choose the cultivar most suited to the environment it is expected to perform in and the management style it will be exposed to. Future work is required to assess how the structure of the different cultivars impacts on their capacity to tolerate wear, varying shade levels, water use and herbicide tolerance. The development of a growth model may provide the solution.

Zoysia japonica, Zoysia Grass 'Palisades'

Open-pollination: originated as a chance seedling from Z44 (maternal clonal parent), obtained from Beltsville MD in 1981, with an unknown pollen source from a zoysia grass germplasm field nursery at the Texas Agricultural Experiment Station in Dallas. ‘Palisades’ was selected over the parent Z44 on the basis of its lower tendency to produce thatch, its excellent lateral growth habit and its superior mowing qualities. ‘Palisades’ has been vegetatively propagated, and is uniform in growth expression. No seedling establishment from ‘Palisades’ has been noticed in either greenhouse or field studies. Selection criteria: rapid regrowth and spread by, and/or from, stolons and rhizomes; turf colour and density; tolerance to low mowing; winter hardiness; shade tolerance; low water use requirements. Propagation: vegetative. Breeder: Milton C. Engelke, Dallas, USA. PBR Certificate Number 2594, Application Number 2001/199, granted 26 October 2004.

Cynodon transvaalensis x Cynodon dactylon, Hybrid Green Couch Grass, Hybrid Bermuda Grass 'TL2'

Spontaneous mutation: In 1996, vegetative material (later designated ‘TL2’) taken from a disease resistant mutant plant on the fifteenth green at Novotel Palm Cove resort course near Cairns was included an on-going program of selection and testing of promising ‘Tifgreen’ mutants by Tropical Lawns Pty Ltd. Selection criteria: healthy vigorous growth during the tropical wet season, dense fine-textured appearance under close mowing, and dark green leaves. In subsequent trials, ‘TL2’ was identified as the outstanding plant among selections of mutant ‘Tifgreen’ genotypes from other north Queensland sites in terms of colour, texture and density for greens use. Propagation: vegetative. Breeder: Terry Anderlini, Gordonvale, QLD. PBR Certificate Number 2639, Application Number 2002/268, granted 24 February 2005.

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.

Cynodon dactylon, Green Couch Grass 'Oz-E-Green'

Spontaneous mutation or chance seedling: discovered in 2001 as a superior plant growing among “Common” green couch on the breeder’s turf farm at Berries Road, Childers. A selected piece of sod was removed and broken into vegetative sprigs to propagate a larger area of this variety elsewhere on the breeder’s property. The original plant has now been multiplied vegetatively three times without showing any discernible off types. Selection criteria: dense prostrate habit and limited inflorescence production (giving a low mowing requirement), high turf quality, dark green colour. Propagation: vegetative. Breeder: Robert William Morrow, Childers, QLD. PBR Certificate Number 2844, Application Number 2004/035, granted 22 August 2005.

Cynodon transvaalensis x Cynodon dactylon, Hybrid Green Couch Grass, Hybrid Bermuda Grass 'P18'

‘P18’ was first produced in 1992 and is a mutant genotype obtained from a hybrid Bermudagrass line believed to be ‘Tifdwarf’, which was grown in a greenhouse owned by H&H Seed Company in Yuma, Arizona. ‘P18’ was selected for its extremely fine leaf texture, its high shoot density under close mowing, its rapid growth rate, and its uniform dark green colour, and was subsequently evaluated for these traits and characteristics. Propagation: vegetative. Breeder: Howard E. Kaewer, Eden Prairie, MN, USA. PBR Application Number 2007/179, Certificate Number 3567, granted 13 August 2007.

Zoysia matrella, Manila Grass 'A-1'

‘A-1’ was selected from a breeding population of 40 seedling Zoysia matrella plants from various parts of Southeast Asia (Japan, Philippines, China, Korea, Vietnam and Thailand). The original plants were vegetatively propagated and evaluated first in pots. A shortlist of selected genotypes was expanded to field plantings at Sheldon, QLD and evaluated against existing Z. matrella and Z. matrella x Z. japonica hybrid cultivars under mowing heights from 10 to 25mm and under shade levels ranging from 0 to 80%. ‘A-1’ showed higher tiller density and a more prostrate growth habit than the parent ecotype, and was selected from the subsequent breeding population on the basis of its superior turf colour and quality under mowing for 6 years and its shade tolerance as shown by its ability to maintain density of the mown sward under greatly reduced light levels (70-80% shade). Additional observations regarding climatic adaptation were made in Cairns, QLD, and Melbourne, VIC, respectively. Breeder: Donald S Loch, Alexandra Hills, QLD. PBR Certificate Number 3649, Application Number 2008/091, granted 16 December 2008.

Paspalum vaginatum Swartz, Seashore Paspalum 'SI98'

‘SI98’ was selected from a worldwide collection of 300 accessions of seashore paspalum collected by Dr Ronny R. Duncan, primarily from seashore paspalum plantings on golf courses as variants in growth habit, leaf texture, and level of salt tolerance, having potential for improved turf type selections. ‘SI98’ was selected as a finer textured genotype with a denser, more prostrate growth habit than the surrounding wild ecotype. The original samples were vegetatively propagated and evaluated first in the greenhouse at Griffin, GA, USA, and later expanded to field evaluations at Griffith under mowing heights ranging from 4.8 mm to 50 mm. Extensive further evaluations were undertaken between 2002 and 2007. Breeder: Dr Ronny R. Duncan, University of Georgia, Griffin, GA, USA. PBR Certificate Number 3648, Application Number 2008/073, granted 16 December 2008.

Role of Native Fish in Integrated Aquatic Weed and Water Quality Management within the Burdekin Irrigation Area

This report summarises work conducted by the QDPI, in partnership with the South Burdekin Water Board (SBWB) and the Burdekin Shire Council (BSC) between 2001 and 2003. The broad aim of the research was to assess the potential of native fish as biocontrol agents for noxious weeds, as part of an integrated program for managing water quality in the Burdekin Irrigation Area. A series of trials were conducted at, or using water derived from, the Sandy Creek Diversion near Groper Creek (lower Burdekin delta). Trials demonstrated that aquatic weeds play a positive role in trapping transient nutrients, until such time that weed growth becomes self-shading and weed dieback occurs, which releases stored nutrients and adversely affects water quality. Transient nutrient levels (av. TN<0.5mg/L; av. TP<0.1mg/L) found in the irrigation channel during the course of this research were substantially lower than expected, especially considering the intensive agriculture and sewage effluent discharge upstream from the study site. This confirms the need to consider the control of weeds rather than complete weed extermination when formulating management plans. However, even when low nutrient levels are available, there is competitive exploitation of habitat variables in the irrigation area leading to succession and eventual domination by certain weed species. During these trials, we have seen filamentous algae, phytoplankton, hyacinth and curled pondweed each hold competitive advantage at certain points. However without intervention, floating weeds, especially hyacinth, ultimately predominate in the Burdekin delta due to their fast propagation rate and their ability to out-shade submerged plants. We have highlighted the complexity of interactions in these highly disturbed ecosystems in that even if the more prevalent noxious weeds are contained, other weed species will exploit the vacant niche. This complexity places stringent requirements on the type of native fish that can be used as biocontrol agents. Of the seven fish species identified with herbivorous trophic niches, most target plankton or algae and do not have the physical capacity to directly eat the larger macrophytes of the delta. We do find however that following mechanical weed harvesting, inoculative releases of fish can slow the rate of hyacinth recolonisation. This occurs by mechanisms in addition to direct weed consumption, such as disturbing growth surfaces by grazing on attached biofilms. Predation by birds and water rats presents another impediment to the efficacy of large-scale releases of fish. However, alternative uses of fish in water quality management in the Burdekin irrigation area are discussed.

Management Guidelines for New Warm-Season Grasses in Australia

After more than 30 years in which ‘Tifgreen’ and ‘Tifdwarf’ were the only greens-quality varieties available, the choice for golf courses and bowls clubs in northern Australia has been expanded to include six new Cynodon hybrids [Cynodon dactylon (L.) Pers x Cynodon transvaalensis Burtt-Davy]. Five of these – ‘Champion Dwarf’ (Texas), ‘MS-Supreme’ (Mississippi), FloraDwarf™ (Florida), ‘TifEagle’ (Georgia), MiniVerde™ (Arizona) - are from US breeding programs, while the sixth, ‘TL2’ (marketed as Novotek™) was selected in north Queensland. The finer, denser and lower growing habit of the “ultradwarf” cultivars allows very low mowing heights (e.g. 2.5 mm) to be imposed, resulting in denser and smoother putting and bowls surfaces. In addition to the Cynodon hybrids, four new greens quality seashore paspalum (Paspalum vaginatum O. Swartz) cultivars including ‘Sea Isle 2000’, Sea Isle Supreme™, Velvetene™ and Sea Dwarf™ (where tolerance of salty water is required) expands the range of choices for greens in difficult environments. The project was developed to determine (a) the appropriate choice of cultivar for different environments and budgets, and (b) best management practices for the new cultivars which differ from the Cynodon hybrid industry standards ‘Tifgreen’ and ‘Tifdwarf’. Management practices, particularly fertilising, mowing heights and frequency, and thatch control were investigated to determine optimum management inputs and provide high quality playing surfaces with the new grasses. To enable effective trialling of these new and old cultivars it was essential to have a number of regional sites participating in the study. Drought and financial hardship of many clubs presented an initial setback with numerous clubs wanting to be involved in the study but were unable to commit due to their financial position at the time. The study was fortunate to have seven regional sites from Queensland, New South Wales, Victoria and South Australia volunteer to be involved in the study which would add to the results being collected at the centralised test facility being constructed at DEEDI’s Redlands Research Station. The major research findings acquired from the eight trial sites included: • All of the new second generation “ultradwarf” couchgrasses tend to produce a large amount of thatch with MiniVerde™ being the greatest thatch producer, particularly compared to ‘Tifdwarf’ and ‘Tifgreen’. The maintenance of the new Cynodon hybrids will require a program of regular dethatching/grooming as well as regular light dustings of sand. Thatch prevention should begin 3 to 4 weeks after planting a new “ultradwarf” couchgrass green, with an emphasis on prevention rather than control. • The “ultradwarfs” produced faster green speeds than the current industry standards ‘Tifgreen’ and ‘Tifdwarf’. However, all Cynodon hybrids were considerably faster than the seashore paspalums (e.g. comparable to the speed diference of Bentgrass and couchgrass) under trial conditions. Green speed was fastest being cut at 3.5 mm and rolled (compared to 3.5 mm cut, no roll and 2.7 mm cut, no roll). • All trial sites reported the occurrence of disease in the Cynodon hybrids with the main incidence of disease occurring during the dormancy period (autumn and winter). The main disease issue reported was “patch diseases” which includes both Gaumannomyces and Rhizoctonia species. There was differences in the severity of the disease between cultivars, however, the severity of the disease was not consistent between cultivars and is largely attributed to an environment (location) effect. In terms of managing the occurrence of disease, the incidence of disease is less severe where there is a higher fertility rate (about 3 kgN/100m2/year) or a preventitatve fungicide program is adopted. • Cynodon hybrid and seashore paspalum cultivars maintained an acceptable to ideal surface being cut between 2.7 mm and 5.0 mm. “Ultradwarf” cultivars can tolerate mowing heights as low as 2.5 mm for short periods but places the plant under high levels of stress. Greens being maintained at a continually lower cutting height (e.g. 2.7 mm) of both species is achievable, but would need to be cut daily for best results. Seashore paspalums performed best when cut at a height of between 2.7 mm and 3.0 mm. If a lower cutting height is adopted, regular and repeated mowings are required to reduce scalping and produce a smooth surface. • At this point in time the optimum rate of nitrogen (N) for the Cynodon hybrids is 3 kg/100m2/year and while the seashore paspalums is 2 to 3 kg/100m2/year. • Dormancy occurred for all Cynodon and seashore paspalum culitvars from north in Brisbane (QLD) to south in Mornington Peninsula (VIC) and west to Novar Gardens (SA). Cynodon and Paspalum growth in both Victoria and South Australia was less favourable as a result of the cooler climates. • After combining the data collected from all eight sites, the results indicated that there can be variation (e.g. turfgrass quality, colour, disease resistance, performace) depending on the site and climatic conditions. Such evidence highlights the need to undertake genotype by environment (G x E) studies on new and old cultivars prior to conversion or establishment. • For a club looking to select either a Cynodon hybrid or seashore paspalum cultivar for use at their club they need to: - Review the research data. - Look at trial plots. - Inspect greens in play that have the new grasses. - Select 2 to 3 cultivars that are considered to be the better types. - Establish them in large (large enough to putt on) plots/nursery/practice putter. Ideally the area should be subjected to wear. - Maintain them exactly as they would be on the golf course/lawn bowls green. This is a critical aspect. Regular mowing, fertilising etc. is essential. - Assess them over at least 2 to 3 years. - Make a selection and establish it in a playing green so that it is subjected to typical wear.