The state of the art defence : defining the Australian experience in the context of pharmaceuticals

One of the defences within Part 3-5 of the Australian Consumer Law is the state of the art, or development risk defence. This defence, although significant, has often been neglected in Australian jurisprudential analysis and has triggered at most generic academic analysis. However, with the rise of pharmaceutical and medical device litigation in Australia, it could become a vital weapon for Australian manufacturers against product liability claims. This paper will firstly review the two ways this defence could operate. It will also discuss the three types of defects which the defence could apply to. This paper aims to determine exactly when and how this defence should apply in Australia, in the context of pharmaceutical product liability claims.

Artscience in practice : exploring the critical and creative potentials of transdisciplinary art and science practice using a methodological and conceptual framework of creative becoming

In response to a growing interest in art and science interactions and transdisciplinary research strategies, this research project examines the critical and conceptual affordances of ArtScience practice and outlines a new experiential methodology for practice-lead research using a framework of creative becoming. In doing so, the study contributes to the field of ArtScience and transdisciplinary practice, by providing new strategies for creative development and critical enquiry across art and science.

Made by motion, Series one

“Made by Motion” is a collaboration between digital artist Paul Van Opdenbosch and performer and choreographer Elise May; a series of studies on captured motion data used to generating experimental visual forms that reverberate in space and time. The project investigates the invisible forces generated by and influencing the movement of a dancer. Along with how the forces can be captured and applied to generating visual outcomes that surpass simple data visualisation, projecting the intent of the performer’s movements. The source or ‘seed’ comes from using an Xsens MVN - Inertial Motion Capture system to capture spontaneous dance movements, with the visual generation conducted through a customised dynamics simulation. In this first series the visual investigation focused on manipulating the movement date at the instance of capture, capture been the recording of three-dimensional movement as ‘seen’ by the hardware and ‘understood’ through the calibration of software. By repositioning the capture hardware on the body we can effectively change how the same sequence of movements is ‘seen’ by the motion capture system thus generating a different visual result from effetely identical movement. The outcomes from the experiments clearly demonstrates the effectiveness of using motion capture hardware as a creative tool to manipulate the perception of the capture subject, in this case been a sequence of dance movements. The creative work exhibited is a cross-section of the experiments conducted in practice with the first animated work (Movement A - Control) using the motion capture hardware in its default ‘normal’ configuration. Following this is the lower body moved to the upper body (Lb-Ub), right arm moved onto the left arm (Ra-La), right leg moved onto the left leg (Rl-Ll) and finally the left leg moved onto a object that is then held in the left hand (Ll-Pf (Lh)).

Experimental arts practice incorporating motion capture

My practice-led research explores and maps workflows for generating experimental creative work involving inertia based motion capture technology. Motion capture has often been used as a way to bridge animation and dance resulting in abstracted visuals outcomes. In early works this process was largely done by rotoscoping, reference footage and mechanical forms of motion capture. With the evolution of technology, optical and inertial forms of motion capture are now more accessible and able to accurately capture a larger range of complex movements. Made by Motion is a collaboration between digital artist Paul Van Opdenbosch and performer and choreographer Elise May; a series of studies on captured motion data used to generate experimental visual forms that reverberate in space and time. The project investigates the invisible forces generated by and influencing the movement of a dancer. Along with how the forces can be captured and applied to generating visual outcomes that surpass simple data visualisation, projecting the intent of the performer’s movements. The source or ‘seed’ comes from using an Xsens MVN – Inertial Motion Capture system to capture spontaneous dance movements, with the visual generation conducted through a customised dynamics simulation. In my presentation I will be displaying and discussing a selected creative works from the project along with the process and considerations behind the work.

Gambling revenues as a public administration issue : electronic gaming machines in Victoria

Gambling activities and the revenues derived have been seen as a way to increase economic development in deprived areas. There are also, however, concerns about the effects of gambling in general and electronic gaming machines (EGMs) in particular, on the resources available to the localities in which they are situated. This paper focuses on the factors that determine the extent and spending of community benefit-related EGM-generated resources within Victoria, Australia, focusing in particular on the relationships between EGM activity and socio-economic and social capital indicators, and how this relates to the community benefit resources generated by gaming.

Ephemerality, affect and the "Art Dump"

This work was composed in relation to the author's research of the popularity of themes of ephemerality and affect in recent global art. This focus correlated with Chicks on Speed's ongoing inquiries into issues of collections and collecting in the artworld, articulated as 'the art dump' by the group. This work was subsequently performed as a contribution to a performance with international multidisciplinary group Chicks on Speed as a part of their residency during MONA FOMA in Tasmania.

Queer criminology, critique, and the "art of not being governed"

This article builds on previous work that argues that a useful path for a ‘‘queer/ed criminology’’ to follow is one that takes ‘‘queer’’ to denote a position. It suggests that one way of developing such an approach is to adopt a particular understanding of critique—specifically one that draws from Michel Foucault’s view of critique as ‘‘the art of not being governed.’’ It then charts some of the possible directions for such a ‘‘queer/ed criminology.’’ While such an approach to critique has previously been discussed within critical criminologies, this article suggests that it is useful for queer criminologists to explore the opportunities that it affords, particularly in order to better appreciate how ‘‘queer/ed criminology’’ might connect to, draw from, or push against other currents among critical criminologies, and help to delineate the unique contribution that this kind of ‘‘queer/ed criminology’’ might make.

Worldly feelings made material : cosmopolitan aesthetics, affect and recent relational art

The openness and compassion implicit in the social transaction of recent philosophies of cosmopolitanism is reflected in the aims of the body of interpersonal, process-driven artworks commonly referred to as relational art. In attempting to bring art into life, specifically as a point of intervention in the lives of its spectators, the affective power required to realize the communal and participatory aims of many of these artworks is central. Relational art practices invite the individualising distinctiveness of the spectator yet ultimately seek the collective affect of the artwork’s formulated community. Like cosmopolitanism, this is a felt community where the obligatory affective investment is imagined as open and empathic built on mutual exchange and generosity. They suggest that it doesn’t matter so much what we feel about art but what and how we feel through art. The artworld’s public spheres have become increasingly affective worlds, where the artwork’s coerced and managed human relations are conceived as interstices for a more open exchange with art and each other. With reference to Sydney Biennale’s recent All My Relations exhibition, this paper will interrogate how worldly feelings are made material by the requisite emotional and aesthetic labour of feeling for and with others in relational art.

Always “tasty”, regardless: Art, chocolate and Indigenous Australians

This paper examines race and colour through the metaphor of chocolate. The authors use the metaphor of chocolate to question why some Aboriginal people are chosen ahead of others, with the choosing done by non-Indigenous people, perhaps on the basis of who is most likely to be “soft-centred”, agreeable, and pliable. The authors discuss the development of the Hot Chocolate art exhibition in Adelaide in 2012, with a particular focus on the works of Pamela CroftWarcon. The exhibition combined chocolate (the food), lyrics from Hot Chocolate (the band), and chocolate (the metaphor for skin colour) to encourage visitors to question their assumptions about representations of Aboriginal people in Australia.

Co-creating knowledge online : approaches for community artists

Forming peer alliances to share and build knowledge is an important aspect of community arts practice, and these co-creation processes are increasingly being mediated by the internet. This paper offers guidance for practitioners who are interested in better utilising the internet to connect, share, and make new knowledge. It argues that new approaches are required to foster the organising activities that underpin online co-creation, building from the premise that people have become increasingly networked as individuals rather than in groups (Rainie and Wellman 2012: 6), and that these new ways of connecting enable new modes of peer-to-peer production and exchange. This position advocates that practitioners move beyond situating the internet as a platform for dissemination and a tool for co-creating media, to embrace its knowledge collaboration potential. Drawing on a design experiment I developed to promote online knowledge co-creation, this paper suggests three development phases – developing connections, developing ideas, and developing agility – to ground six methods. They are: switching and routing, engaging in small trades of ideas with networked individuals; organising, co-ordinating networked individuals and their data; beta-release, offering ‘beta’ artifacts as knowledge trades; beta-testing, trialing and modifying other peoples ‘beta’ ideas; adapting, responding to technological disruption; and, reconfiguring, embracing opportunities offered by technological disruption. These approaches position knowledge co-creation as another capability of the community artist, along with co-creating art and media.

The Effective and The Evocative : A Spectrum of Creative Practice Research

In the expanding literature on creative practice research, art and design are often described as a unified field. They are bracketed together (art-and-design), referred to as interchangeable terms (art/design), and nested together, as if the practices of one domain encompass the other. However it is possible to establish substantial differences in research approaches. In this chapter we argue that core distinctions arise out of the goals of the research, intentions invested in the resulting “artefacts” (creative works, products, events), and the knowledge claims made for the research outcomes. Moreover, these fundamental differences give rise to a number of contingent attributes of the research such as the forming contexts, methodological approaches, and ways of evidencing and reporting new knowledge. We do not strictly ascribe these differences to disciplinary contexts. Rather, we use the terms effective practice research and evocative practice research to describe the spirit of the two distinctive research paradigms we identify. In short, effective practice research (often pursued in design fields) seeks a solution (or resolution) to a problem identified with a particular community, and it produces an artefact that addresses this problem by effecting change (making a situation, product or process more efficient or effective in some way). On the other hand, evocative practice research (often pursued by creative arts fields) is driven by individual pre-occupations, cultural concerns or human experience more broadly. It produces artefacts that evoke affect and resonance, and are poetically irreducible in meaning. We cite recent examples of creative research projects that illustrate the distinctions we identify. We then go on to describe projects that integrate these modes of research. In this way, we map out a creative research spectrum, with distinct poles as well as multiple hybrid possibilities. The hybrid projects we reference are not presented as evidence an undifferentiated field. Instead, we argue that they integrate research modes in deliberate, purposeful and distinctive ways: employing effective practice research methods in the production of evocative artefacts or harnessing evocative (as well as effective) research paradigms to effect change.

A clear view of costs ‘of and incidental to’ : Mio Art Pty Ltd v Macequest (No.2) Pty Ltd [2013] QSC 271

In Mio Art Pty Ltd v Macequest (No.2) Pty Ltd [2013] QSC 271 Jackson J provided considered analysis of several aspects of costs law. His Honour regarded various orders which are commonly sought or made as reflecting practice that is inappropriate or unnecessary under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).

Semi-binary based video features for activity representation

Efficient and effective feature detection and representation is an important consideration when processing videos, and a large number of applications such as motion analysis, 3D scene understanding, tracking etc. depend on this. Amongst several feature description methods, local features are becoming increasingly popular for representing videos because of their simplicity and efficiency. While they achieve state-of-the-art performance with low computational complexity, their performance is still too limited for real world applications. Furthermore, rapid increases in the uptake of mobile devices has increased the demand for algorithms that can run with reduced memory and computational requirements. In this paper we propose a semi binary based feature detectordescriptor based on the BRISK detector, which can detect and represent videos with significantly reduced computational requirements, while achieving comparable performance to the state of the art spatio-temporal feature descriptors. First, the BRISK feature detector is applied on a frame by frame basis to detect interest points, then the detected key points are compared against consecutive frames for significant motion. Key points with significant motion are encoded with the BRISK descriptor in the spatial domain and Motion Boundary Histogram in the temporal domain. This descriptor is not only lightweight but also has lower memory requirements because of the binary nature of the BRISK descriptor, allowing the possibility of applications using hand held devices.We evaluate the combination of detectordescriptor performance in the context of action classification with a standard, popular bag-of-features with SVM framework. Experiments are carried out on two popular datasets with varying complexity and we demonstrate comparable performance with other descriptors with reduced computational complexity.

It's just an old apron : aprons, artefacts and art - representations of personal and private 'her-stories', as public histories

This paper examines art and artefact in the representation and recollection of deeply personal WWII women’s experiences as POW’s under the Japanese. This kind of treatment of internees in the Tjideng Women and Children’s internment camp (and others) in Batavia under the Japanese in WWII, stands in stark and brutal contrast to the idyllic life lived by many families up to that time in what was then known as the Dutch East Indies (Indonesia). The deprivation and brutality of the Japanese incarceration of these women and children evoked responses - not military, but certainly militant, if muted. Representations of those responses – as both art and artefact - may be found in the most unlikely places and unexpected forms - and are still being unearthed to this day. However close we might personally be to these artists and artisans, can we, as observers from a distance, ever truly comprehend through spoken or written words alone, the day-today realities of those extraordinary times?

The art of co-creative media : an Australian survey

This article describes how - in the processes of responding to participatory storytelling practices - community, public service, and to a lesser extent, commercial media institutions are themselves negotiated and changed. Although there are significant variations in the conditions, durability, extent, motivations and quality of these developments and their impacts, they nonetheless increase the possibilities and pathways of participatory media culture. This description first frames digital storytelling as a ‘co-creative’ media practice. It then discusses the role of community arts and cultural development (CACD) practitioners and networks as co-creative media intermediaries, and then considers their influence in Australian broadcast and Internet media. It looks at how participatory storytelling methods are evolving in the Australian context and explores some of the implications for cultural inclusion arising from a shared interest in ‘co-creative’ media methods and approaches.