Lawyers linked to litigation funding face court censure: Bolitho v Banksia Securities Limited (No.4) [2014] VSC 582

In Bolitho v Banksia Securities Limited (No 4) [2014] VSC 582 the Supreme Court of Victoria concluded that the proper administration of justice, including the appearance of justice, required that the lawyers representing the plaintiff in the group proceeding should be restrained from continuing to act for the plaintiff. This Victorian case illustrates how courts are likely to respond when lawyers attempt to circumvent the prohibition on contingency fees through litigation funding in which they have a financial interest.

An abuse of process - traditionally: Smith v Lucht [2014] QDC 302

In Smith v Lucht [2014] QDC 302 McGill DCJ considered whether in Queensland the concept of abuse of process was sufficiently broad as to encompass circumstances in which the resources of the court and the parties to be expended to determine the claim were out of all proportion to the interest at stake. Stay of proceedings - abuse of process - whether disproportionality between interest at stake and costs of litigating may amount to abuse of process - plaintiff with good cause of action entitled to pursue it.

Pressure sensitive flow and constraint factor in amorphous materials below glass transition

The constraint factor, C (given by the hardness-yield strength ratio H/Y in the fully lastic regime of indentation), in metallic glasses, is greater than three, a reflection of the sensitivity of their plastic flow to pressure. Furthermore, C increases with increasing temperature. In this work, we examine if this is true in amorphous polymers as well, through experiments on amorphous poly(methyl methacrylate) (PMMA). Uniaxial compression as well as spherical indentation tests were conducted in the 248-348 K range to construct H/Y versus indentation strain plots at each temperature and obtain the C-values. Results show that C increases with temperature in PMMA as well. Good correlation between the loss factors, measured using a dynamic mechanical analyzer, and C, suggest that the enhanced sensitivity to pressure is possibly due to beta-relaxation. We offer possible mechanistic reasons for the observed trends in amorphous materials in terms of relaxation processes.

Sequences that adopt non-B-DNA conformation in form V DNA as probed by enzymic methylation

pBR322 form V DNA is a highly torsionally strained molecule with a linking number of zero. We have used sequence- specific DNA methylases as probes for B-DNA in this molecule, exploiting the inability of methylases to methylate single-stranded DNA and Z-DNA, both of which are known to occur in form V DNA. Some sequences in form V DNA were shown to be totally in the B-form, others were totally in an altered, unmethylatable conformation, while still other sites appeared to exist partly in altered and partly in normal B-conformation. Some potential Z-forming sequences (alternating pyrimidine/purine) of less than seven base-pairs were not in the Z conformation in form V DNA, whereas others did adopt an altered structure, indicating a modulating influence of flanking sequences. Furthermore, regions of imperfect alternating pyrimidine/purine structure were sometimes capable of adopting an altered structure. In addition, some regions of altered structure had no apparent Z-forming sequences, nor were they in polypurine stretches, which have also been proposed to form left-handed DNA. These non-B-DNA conformations may represent novel left-handed helical structures or sequences that become single stranded under torsional strain. Long regions of either altered (unmethylatable) DNA or B-DNA were not always observed. In fact, one region showed three transitions between B-like DNA and altered structure within 26 base-pairs.

Field assessment of avocado rootstock selections for resistance to Phytophthora root rot.

Phytophthora root rot (PRR), caused by P. cinnamomi, is a primary constraint on avocado productivity in Australia. Numerous field trials at sites in northern NSW and southern QLD have demonstrated significant variation in tree health amongst commercial rootstocks and recently selected material, grown under high PRR disease pressure. Selections 'SHSR-02', 'SHSR-04', ungrafted 'Hass' (rooted cuttings from clonal propagation) and the commercial rootstock 'DusaTM' were significantly healthier over time than other rootstocks, many of which died during the course of the trials. 'Reed' was consistently highly susceptible. In many cases superior tree health was associated with increased tree height and trunk girth. The trials also clearly demonstrate the negative impact of Phytophthora root rot on establishment of new avocado production blocks, and the importance of identifying and selecting avocado rootstock material that can withstand high P. cinnamomi disease pressure.

Arthur Liebert, Albert Einstein, Franz Oppenheimer, Mrs. Kurt Goldstein, Fritz Medicus and Arthur Liebert's son walking outside the Grand Hotel Curhaus during the Davoser Hochschulkurse; Davos, Switzerland Portraits Groups

The Davoser Hochschulkurse took place for the first time in 1928. Mainly university teachers from Germany, France, Switzerland (perhaps elsewhere) offered lectures to students recovering from tuberculosis at the health resort in the Swiss mountains. The lecturers were accommodated at the Grand Hotel Curhaus, where the lectures also took place.

Lucien Levy-Bruehl, Albert Einstein, Franz Oppenheimer, Arthur Liebert and his son, Paul Tillich, unidentified woman and Mrs. Charles Blondel outside the Grand Hotel Curhaus during the Davoser Hochschulkurse; Davos, Switzerland Portraits Groups

The Davoser Hochschulkurse took place for the first time in 1928. Mainly university teachers from Germany, France, Switzerland (perhaps elsewhere) offered lectures to students recovering from tuberculosis at the health resort in the Swiss mountains. The lecturers were accommodated at the Grand Hotel Curhaus, where the lectures also took place.

Ella Hausman with two unidentified children on a beach; V-J Day Portraits Groups

Digital Image

Studies of phosphazenes. 28. Reactions of pentachloro- and pentafluoro(triphenylphosphazenyl)cyclotriphosphazenes with sodium methoxide. Mechanistic aspects and their implications for nucleophilic displacement at a tetrahedral phosphorus(V) center

Abstract is not available.

Sensing Shape Recovery Using Conductivity Noise in Thin Films of NiTi Shape Memory Alloys

Low frequency fluctuations in the electrical resistivity, or noise, have been used as a sensitive tool to probe into the temperature driven martensite transition in dc magnetron sputtered thin films of nickel titanium shape-memory alloys. Even in the equilibrium or static case, the noise magnitude was more than nine orders of magnitude larger than conventional metallic thin films and had a characteristic dependence on temperature. We observe that the noise while the temperature is being ramped is far larger as compared to the equilibrium noise indicating the sensitivity of electrical resistivity to the nucleation and propagation of domains during the shape recovery. Further, the higher order statistics suggests the existence of long range correlations during the transition. This new characterization is based on the kinetics of disorder in the system and separate from existing techniques and can be integrated to many device applications of shape memory alloys for in-situ shape recovery sensing.

Harry Bergholz Collection 1938-1980

Correspondence between Harry Bergholz and Hermann Ascher (1938-1969), Genia Einzig (1946-1958), Norbert Gebel (1956-1980), and Richard Hessberg (1947-1958).