Are the financial services external complaints resolution schemes subject to judicial review?

In Australia seven schemes (apart from the Superannuation Complaints Tribunal) provide alternative dispute resolution services for complaints brought by consumers against financial services industry members. Recently the Supreme Court of New South Wales held that the decisions of one scheme were amenable to judicial review at the suit of a financial services provider member and the Supreme Court of Victoria has since taken a similar approach. This article examines the juristic basis for such a challenge and contends that judicial review is not available, either at common law or under statutory provisions. This is particularly the case since Financial Industry Complaints Service Ltd v Deakin Financial Services Pty Ltd (2006) 157 FCR 229; 60 ACSR 372 decided that the jurisdiction of a scheme is derived from a contract made with its members. The article goes on to contend that the schemes are required to give procedural fairness and that equitable remedies are available if that duty is breached.

Questions of English : ethics, aesthetics, rhetoric, and the formation of the subject in England, Australia and the United States

The impact and content of English as a subject on the curriculum is once more the subject of lively debate. Questions of English sets out to map the development of English as a subject and how it has come to encompass the diversity of ideas that currently characterise it. Drawing on a combination of historical analysis and recent research findings Robin Peel, Annette Patterson and Jeanne Gerlach bring together and compare important new insights on curriculum development and teaching practice from England, Australia and the United States. They also discuss the development of teacher training, highlighting the variety of ways in which teachers build their own beliefs and knowledge about English.

The awareness and explication of disciplinarity across four senior-secondary subject areas

This paper issues a challenge to the notion of domain-general teaching and learning, positing that different subject areas require distinct approaches to developing student knowledge and understanding. The aim has been to observe and compare awareness and explication of disciplinarity in four senior secondary school subjects: Biology, History, Music and Physics. Specifically, we were interested in: (1) teachers’ concepts of what it means to ‘know the discipline’, to ‘think like a disciplinary expert’ and to ‘teach and learn the discipline’; and (2) how teachers draw these concepts together to build student knowledge in the classroom. The research informs educational practice and policy, in particular curricular initiatives involving interdisciplinary curricula.

The aesthetico-ethical subject : another narrative about being ethically responsible

This paper builds on work I presented at the PESA conference in 2007, which moved through both aesthetic and ethical theory to generate a new theory of creative integrity around the issues of autonomy, agency and authenticity. This preliminary theorizing had its origins in my undergraduate ethics classroom where I was confronted with advertising students who resisted the idea of being taught ethics, along with all the philosophical ethical theories traditionally used to do this.

Decoupled trajectory planning for a submerged rigid body subject to dissipative and potential forces

This paper studies the practical but challenging problem of motion planning for a deeply submerged rigid body. Here, we formulate the dynamic equations of motion of a submerged rigid body under the architecture of differential geometric mechanics and include external dissipative and potential forces. The mechanical system is represented as a forced affine-connection control system on the configuration space SE(3). Solutions to the motion planning problem are computed by concatenating and reparameterizing the integral curves of decoupling vector fields. We provide an extension to this inverse kinematic method to compensate for external potential forces caused by buoyancy and gravity. We present a mission scenario and implement the theoretically computed control strategy onto a test-bed autonomous underwater vehicle. This scenario emphasizes the use of this motion planning technique in the under-actuated situation; the vehicle loses direct control on one or more degrees of freedom. We include experimental results to illustrate our technique and validate our method.

Heidegger's hippies : a dissenting voice on "the problem of the subject"

This is a deliberately contentious paper about the future of the socio-political sphere in the West based on what we know about its past. I argue that the predominant public discourse in Western countries is best characterised as one of selective forgetfulness; a semi-blissful, amnesiacal state of collective dementia that manifests itself in symbolic idealism: informationalism. Informationalism is merely the latest form of idealism. It is a lot like religion insofar as it causally relates abstract concepts with reality and, consequently, becomes confused between the two. Historically, this has proven to be a dangerous state of affairs, especially when elites becomes confused between ideas about how a society should work, and the way it actually does work. Central to the idealism of the information age, at least in intellectual spheres, is the so called "problem of the subject". I argue that the "problem of the subject" is a largely synthetic, destabilising, and ultimately fruitless theoretical abstraction which turns on a synthetically derived, generalised intradiscursive space; existentialist nihilism; and the theoretical baubles of ontological metaphysics. These philosophical aberrations are, in turn, historically concomitant with especially destructive political and social configurations. This paper sketches a theoretical framework for identity formation which rejects the problem of the subject, and proposes potential resources, sources, and strategies with which to engage the idealism that underpins this obfuscating problematic in an age of turbulent social uncertainty. Quite simply, I turn to history as the source of human identity. While informationalism, like religion, is mostly focused on utopian futures, I assert that history, not the future, holds the solutions for substantive problematics concerning individual and social identities. I argue here that history, language, thought, and identity are indissolubly entangled and so should be understood as such: they are the fundamental parts of 'identities in action'. From this perspective, the ‘problem of the subject’ becomes less a substantive intellectual problematic and more a theoretical red herring.

Natural convection boundary-layer adjacent to an inclined flat plate subject to sudden and ramp heating

The natural convection thermal boundary layer adjacent to an inclined flat plate subject to sudden heating and a temperature boundary condition which follows a ramp function up until a specified time and then remains constant is investigated. The development of the flow from start-up to a steady-state has been described based on scaling analyses and verified by numerical simulations. Different flow regimes based on the Rayleigh number are discussed with numerical results for both boundary conditions. For ramp heating, the boundary layer flow depends on the comparison of the time at which the ramp heating is completed and the time at which the boundary layer completes its growth. If the ramp time is long compared with the steady state time, the layer reaches a quasi steady mode in which the growth of the layer is governed solely by the thermal balance between convection and conduction. On the other hand, if the ramp is completed before the layer becomes steady; the subsequent growth is governed by the balance between buoyancy and inertia, as for the case of instantaneous heating.

Natural convection in attic-shaped spaces subject to sudden and ramp heating boundary conditions

In this study, a discussion of the fluid dynamics in the attic space is reported, focusing on its transient response to sudden and linear changes of temperature along the two inclined walls. The transient behaviour of an attic space is relevant to our daily life. The instantaneous and non-instantaneous (ramp) heating boundary condition is applied on the sloping walls of the attic space. A theoretical understanding of the transient behaviour of the flow in the enclosure is performed through scaling analysis. A proper identification of the timescales, the velocity and the thickness relevant to the flow that develops inside the cavity makes it possible to predict theoretically the basic flow features that will survive once the thermal flow in the enclosure reaches a steady state. A time scale for the heating-up of the whole cavity together with the heat transfer scales through the inclined walls has also been obtained through scaling analysis. All scales are verified by the numerical simulations.

Natural convection in attics subject to instantaneous and ramp cooling boundary conditions

A fundamental study of the fluid dynamics inside an attic shaped triangular enclosure with cold upper walls and adiabatic horizontal bottom wall is reported in this study. The transient behaviour of the attic fluid which is relevant to our daily life is examined based on a scaling analysis. The transient phenomenon begins with the instantaneous cooling and the cooling with linear decreases of temperature up to some specific time (ramp time) and then maintain constant of the upper sloped walls. It is shown that both inclined walls develop a thermal boundary layer whose thicknesses increase towards steady-state or quasi-steady values. A proper identification of the timescales, the velocity and the thickness relevant to the flow that develops inside the cavity makes it possible to predict theoretically the basic flow features that will survive once the thermal flow in the enclosure reaches a steady state. A time scale for the cooling-down of the whole cavity together with the heat transfer scales through the inclined walls has also been obtained through scaling analysis. All scales are verified by the numerical simulations.

Natural convection and heat transfer in attics subject to periodic thermal forcing

The heat transfer through the attics of buildings under realistic thermal forcing has been considered in this study. A periodic temperature boundary condition is applied on the sloping walls of the attic to show the basic flow features in the attic space over diurnal cycles. The numerical results reveal that, during the daytime heating stage, the flow in the attic space is stratified; whereas at the night-time cooling stage, the flow becomes unstable. A symmetrical solution is seen for relatively low Rayleigh numbers. However, as the Ra gradually increases, a transition occurs at a critical value of Ra. Above this critical value, an asymmetrical solution exhibiting a pitchfork bifurcation arises at the night-time. It is also found that the calculated heat transfer rate at the night-time cooling stage is much higher than that during the daytime heating stage.