UCPR 229 - defamation proceedings – damages to be assessed – application to interrogate as to defendant’s motive - implications of Defamation ACT 2005 - application to interrogate before action - when in the interests of justice

In Hogan v Ellery [2009] QDC 154 McGill DCJ considered two applications for leave to deliver interrogatories under r 229 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). The judgment provides useful analysis of the circumstances in which a plaintiff may obtain leave to deliver interrogatories to a defendant in defamation proceedings, and also to a non-party before action.

Trial by jury in civil proceedings : “convenience” and the philosophy of the UCPR

In Syddall v National Mutual Life Association of Australasia Limited [2008] QSC 101 Daubney J ordered the action be tried without a jury. His judgment considered the circumstances in which a trial involves any technical, scientific or other issue that can not be “conveniently” considered and resolved by a jury as provided in r 474 of the Uniform Civil Procedure Rules 1999 (Qld)

UCPR r243 - notice of non-party disclosure - obligation to state allegation to which documents sought are directly relevant

In Deppro Pty Ltd v Hannah [2008] QSC 193 one of the matters considered by the court related to the requirement in r 243 of the Uniform Civil Procedure Rules 1999 (Qld) that a notice of non-party disclosure must “state the allegation in issue in the pleadings about which the document sought is directly relevant.”The approach adopted by the issuing party in this case of asserting that documents sought by a notice of non-party disclosure are relevant to allegations in numbered paragraphs in pleadings, and serving copies of the pleadings with the notice, is not uncommon in practice. This decision makes it clear that this practice is fraught with danger. In circumstances where it is not apparent that the non-party has been fully apprised of the relevant issues the decision suggests an applicant for non-party disclosure who has not complied with the requirements of s 243 might be required to issue a fresh, fully compliant notice, and to suffer associated costs consequences.

Plain facts about pleading : how to work with r 166

The decision of Durward SC DCJ in OSM Group Pty Ltd v Holden [2013] QDC 151 involves a useful consideration of the requirements relating to the pleading of denials and non-admissions under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). In particular, the decision examines the extent of the obligations when pleading in response to allegations of law, or of mixed fact and law.

Practice and Procedure - Uniform Civil Procedure Rules 1999 r 212(2) - whether draft expert reports must be disclosed

In Mitchell Contractors Pty Ltd v Townsville-Thuringowa Water Supply Joint Board [2004] QSC 329, Douglas J considered the issue of broad significance for litigation practitioners of whether draft expert reports fall within the description in r212(2) of the Uniform Civil Procedure Rules 1999 (Qld) of documents "consisting of a statement or report of an expert" and are therefore not privileged from disclosure.

R&D in clean technology: A project choice model with learning

In this study, we investigate the qualitative and quantitative effects of an R&D subsidy for a clean technology and a Pigouvian tax on a dirty technology on environmental R&D when it is uncertain how long the research takes to complete. The model is formulated as an optimal stopping problem, in which the number of successes required to complete the R&D project is finite and learning about the probability of success is incorporated. We show that the optimal R&D subsidy with the consideration of learning is higher than that without it. We also find that an R&D subsidy performs better than a Pigouvian tax unless suppliers have sufficient incentives to continue cost-reduction efforts after the new technology success-fully replaces the old one. Moreover, by using a two-project model, we show that a uniform subsidy is better than a selective subsidy.

Teología, 2015, Tomo LII nº 117 (número completo)

Nota del Director: "La presentación de esta revista Teología coincide con un momento de fiesta grande para nuestra Facultad: la celebración del Congreso del Centenario. De allí que este número quiera expresar la alegría que nos produce encontrarnos a hablar de teología, para recordar nuestras raíces, afrontar las exigencias de los desafíos de nuestro tiempo e imaginar un futuro. La teología es un quehacer creativo: pues es hermenéutica del mundo comprendido desde la fe; porque además es profecía, vinculando el presente con el futuro y haciéndonos responsables de las respuestas para hoy y de los proyectos para el tiempo que se avecina; y también es memoria, reconociendo que ella se hace con una comunidad que nos antecedió, es diálogo con las experiencias pasadas y aprendizaje de quienes hablaron antes que nosotros. En este sentido, pensar debe integrar el tiempo en sus dimensiones. Este número de nuestra revista presenta un grupo de textos que muestran esos diversos registros en los que la teología desarrolla su tarea..."

Investigations on saprolegniosis. II. Study on the process of penetrations showing evidence of a proteolytic enzyme and histopathological aspects [Translation from: Riv.ital.Piscicolt.Ittiopatol. 11(4), 109-117, 1976]

The study of enzymatic activity is of great importance in the immunology of fungi. Indeed, knowledge of biological activity of antigenic structures is important for the elucidation of host-parasite relations as well as in the search for a taxonomic factor permitting differential diagnoses. The authors used Saprolegnia cultures to analyse soluble antigenic fractions arising from the mycelium of cultures of 4 species of Saprolegnia, which are found most frequently in the parasitic state on fish: S. parasitica, S. ferax, S. delica, S. diclina. The authors conclude that in the study of saprolegniasis, the enzymatic approach affords new elements for the examination of the etiology of fungi as well as an element of gravity concerning the biochemical modifications necessary to the change of saprophytism to parasitism.

Antyk w prozie J. R. R. Tolkiena

Tolkien’s oeuvre and its problematic relationships with classical tradition serve in my paper as an illustration of the diverse approaches, methods, and styles of lecture concerning the nature of literary allusivity. As a point of departure in the paper has been taken the reflection on the common phrase about “antiquity in something” deployed broadly in the reception studies. T he questions raised here are as follows: what does precisely “in” mean in that metaphor? O r, to put it in more general terms, when an allusion to another text can be treated as an inherent part of interpretation? Answer to these questions was possible due to U mberto E co’s statements in the well-known dispute relating to the interpretation and overinterpretation; in conclusion I was trying to show that his criterion of textual economy in interpretation justifies somehow (as I believe) the new look on the essential T olkien’s symbol, i.e. the ring of power, as a symbol of the R oman imperial rule. This means (in the context of the translatio imperii and cultural change from pagan to Christian empire) that The Lord of the Rings can be seen in a way as a novelistic version of Augustine’s The City of God.

A puzzling periodicity in the pulsating DA white dwarf G 117-B15A

We present time-resolved optical spectrophotometry of the pulsating hydrogen atmosphere (DA) white dwarf G 117-B15A. We find three periodicities in the pulsation spectrum (215 s, 272 s, and 304 s) all of which have been found in earlier studies. By comparing the fractional wavelength dependence of the pulsation amplitudes ( chromatic amplitudes) with models, we confirm a previous report that the strongest mode, at 215 s, has l = 1. The chromatic amplitude for the 272 s mode is very puzzling, showing an increase in fractional amplitude with wavelength that cannot be reproduced by the models for any ` at optical wavelengths. Based on archival HST data, we show that while the behaviour of the 215 s mode at ultra-violet wavelengths is as expected from models, the weird behaviour of the 272 s periodicity is not restricted to optical wavelengths in that it fails to show the expected increase in fractional amplitude towards shorter wavelengths. We discuss possible causes for the discrepancies found for the 272 s variation, but find that all are lacking, and conclude that the nature of this periodicity remains unclear.

TIME-RESOLVED ABSORPTION, INFRARED, AND RESONANCE RAMAN-SPECTRA OF THE COMPLEXES [RU(X)(R)(CO)(2)(ALPHA-DIIMINE)] (X=HALIDE R=ALKYL) - INFLUENCE OF X ON THE CHARGE-TRANSFER CHARACTER OF THE LOWEST EXCITED-STATE

Nanosecond time-resolved absorption (TA), resonance Raman (TR(3)), and infrared (TRIR) spectra are reported for several complexes [Ru(X)(R)(CO)(2)(alpha-diimine)] (X = Cl, Br, I; R = Me, Et; alpha-diimine = N,N'-diisopropyl-1,4-diaza-1,3-butadiene (iPr-DAB), pyridine-2-carbaldehyde-N-isopropylimine (iPr-PyCa), 2,2'-bipyridine (bpy)). This is the first instance in which the TA, TR(3), and TRIR techniques have been used to probe excited states in the same series of complexes. The TA spectra of the iodide complexes show a transient absorption between 550 and 700 nm, which does not depend on the solvent but shifts to lower energy in the order iPr-DAB > bpy > iPr-PyCa. This band is assigned to an intraligand transition. For the corresponding chloride and bromide complexes this band occurs at higher energy, most probably because of a change of character of the lowest excited state from XLCT to MLCT. The TRIR spectra show an increase in v(CO) (and k(CO)) on promotion to the excited state; however, the shifts Delta v(CO) show a decrease in the order Cl- > Br- > I-. The TR(3) spectra of the excited complexes [Ru(X)(R)(Co)(2)(iPr-DAB)] show v(s)(CN) of the iPr-DAB ligand 50-80 cm(-1) lower in frequency than for the complexes in their ground state. This frequency shift decreases in the order Cl- > Br- > I-, indicating a decrease of CT character of the lowest excited state in this order. However, going from X = Br to I, the effect on Delta v(CO) is much larger than the decrease of Delta v(s)(CN). This different effect on the CO- and CN-stretching frequencies is assigned to a gradual change in character of the lowest excited state from MLCT to XLCT when Cl- is replaced by Br- and I-. This result confirms a similar conclusion derived from previous resonance Raman and emission experiments on these complexes.

RECUEIL DES ŒUVRES POÉTIQUES de Jehan Molinet. Ms. in-fol. sur papier de 201 f., demi-rel. v. f, tr. r. (Rel. du XVIIIe siècle.)

Complainte (La) de Grece

Hogg's Confessions, S.R. Crockett and the House of Macmillan

This article adds to our knowledge of the publishing history of James Hogg's most famous novel by examining a reader's report in the archives of the publishing house of Macmillan. It discusses the role played by the novelist S.R. Crockett in attempting to republish Hogg's novel in 1895, and examines the reasons behind Macmillan's decision to reject the work.