Notification of data breaches under the continuous disclosure regime

Consumer personal information is now a valuable commodity for most corporations. Concomitant with increased value is the expansion of new legal obligations to protect personal information. Mandatory data breach notification laws are an important new development in this regard. Such laws require a corporation that has suffered a data breach, which involves personal information, such as a computer hacking incident, to notify those persons who may have been affected by the breach. Regulators may also need to be notified. Australia currently does not have a mandatory data breach notification law but this may be about to change. The Australian Law Reform Commission has suggested that a data breach notification scheme be implemented through the Privacy Act 1988 (Cth). However, the notification of data breaches may already be required under the continuous disclosure regime stipulated by the Corporations Act 2001 (Cth) and the Australian Stock Exchange (ASX) Listing Rules. Accordingly, this article examines whether the notification of data breaches is a statutory requirement of the existing continuous disclosure regime and whether the ASX should therefore be notified of such incidents.

Orchestrating knowledge-based urban development : lessons from multimedia super corridor, Malaysia

In the era of knowledge economy, cities and regions have started increasingly investing on their physical, social and knowledge infrastructures so as to foster, attract and retain global talent and investment. Knowledge-based urban development as a new paradigm in urban planning and development is being implemented across the globe in order to increase the competitiveness of cities and regions. This chapter provides an overview of the lessons from Multimedia Super Corridor, Malaysia as one of the first large scale manifestations of knowledge-based urban development in South East Asia. The chapter investigates the application of the knowledge-based urban development concept within the Malaysian context, and, particularly, scrutinises the development and evolution of Multimedia Super Corridor by focusing on strategies, implementation policies, infrastructural implications, and agencies involved in the development and management of the corridor. In the light of the literature and case findings, the chapter provides generic recommendations, on the orchestration of knowledge-based urban development, for other cities and regions seeking such development.

Rethinking global media : creative diversity and media dispersal

Communications media have been central to globalizing processes in modern societies. As technological forms, communication media have long extended the transmission of messages across space in ways that challenge the socio-cultural dimensions of the nation-state and national cultures, and the global communications infrastructure that has developed rapidly since the 1980s has further promoted global information flows and cross-border commercial activity. As institutional and organisational forms through which information and content is produced and distributed, media corporations have been at the forefront of international expansion of their market reach and the development of new sites of production and distribution, and media industries are highly dynamic on a global scale. Finally, as cultural forms, or providers of the informational and symbolic content that is received and used by consumers/audiences/users, global media constitute a core means through which people make sense of events in distant places, and the information and images that they carry are central to the existence of common systems of meaning and understanding across nations, regions and cultures.

Xavier Herbert

As a biographical documentary concept develops, its intention and its form are impacted and may be transformed by market demands. The documentary idea about the life of Xavier Herbert has been in development through a number of iterations within the shifting landscape of the Australian documentary industry from the mid- 1990s to 2009. This study is, on the one hand, an endeavour to find a workable way to express and practise the multi-layered complexity of creative work, a long-form documentary script on Herbert, an Australian literary icon. On the other hand, this thesis represents a cumulative research exercise, whereby my own experiences in the documentary industry in Queensland, Australia and overseas are analysed in an effort to enlighten the broader documentary community about such a complex, even labyrinthine, process.

Capturing organisational innovation in construction project procurement

Management of change in construction organisations to capture internal knowledge and maximise innovation is central to construction process re-engineering. Recent international trends toward privatisation and outsourcing of many government functions has seen wholesale changes to the role of government departments. In Brisbane, Australia, the Port of Brisbane Corporation has responsibilities for development and maintenance of all port and harbour facilities in the Brisbane region. The PBC is an acknowledged leader in encouraging internal technical development. Yet 20 years ago, this organisation operated as a small division within a large and bureaucratic Queensland Government public service department. This paper reviews construction project procurement strategies for the port’s civil and structural facilities since a separate organisational entity with responsibilities for Port of Brisbane was formed in 1976. The Port of Brisbane Corporation serves as an initial case study setting for a larger research project studying innovative practices in the context of the trend towards corporatising and privatising public sector organisations.

Public service broadcasting, creative industries and innovation infrastructure : the case of ABC's Pool

The proliferation of media services enabled by digital technologies poses a serious challenge to public service broadcasting rationales based on media scarcity. Looking to the past and future, we articulate an important role that the Australian Broadcasting Corporation (ABC) might play in the digital age. We argue that historically the ABC has acted beyond its institutional broadcasting remit to facilitate cultural development and, drawing on the example of Pool (an online community of creative practitioners established and maintained by the ABC), point to a key role it might play in fostering network innovation in what are now conceptualised as the creative industries.

Dual-frequency decoupling networks for compact antenna arrays

Decoupling networks can alleviate the effects of mutual coupling in antenna arrays. Conventional decoupling networks can provide decoupled and matched ports at a single frequency. This paper describes dual-frequency decoupling which is achieved by using a network of series or parallel resonant circuits instead of single reactive elements.

Is there a physicality requirement at Common Law? : a survey of the Pre-NRDC cases discussing ‘Manufacture’

One of the fundamental issues that remains unresolved in patent law today, both in Australia and in other jurisdictions, is whether an invention must produce a physical effect or cause a physical transformation of matter to be patentable, or whether it is sufficient that an invention involves a specific practical application of an idea or principle to achieve a useful result. In short, the question is whether Australian patent law contains a physicality requirement. Despite being recently considered by the Federal Court, this is arguably an issue that has yet to be satisfactorily resolved in Australia. In its 2006 decision in Grant v Commissioner of Patents, the Full Court of the Federal Court of Australia found that the patentable subject matter standard is rooted in the physical, when it held that an invention must involve a physical effect or transformation to be patent eligible. That decision, however, has been the subject of scrutiny in the academic literature. This article seeks to add to the existing literature written in response to the Grant decision by examining in detail the key common law cases decided prior to the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, which is the undisputed authoritative statement of principle in regards to the patentable subject matter standard in Australia. This article, in conjunction with others written by the author, questions the Federal Court’s assertion in Grant that the physicality requirement it established is consistent with existing law.

Media as creative industries : conglomeration and globalization as accumulation strategies in an age of digital media

This chapter will begin by considering some of the distinctive features of media as creative industries, including their assessment of risk and return on investment, team-based production, the management of creativity, the value chain of production, distribution and circulation, and the significance of intellectual property in their revenue strategies. It will then critically appraise three strategies to capture new markets and revenue streams in the context of the rise of the Internet, digital media and globally networked distribution. The three strategies to be considered are conglomeration, networking and globalization, and the focus will be on the media giants such as News Corporation, Disney and Time-Warner. It will be argued that all three present considerable challenges in their application, and digital media technologies are weakening rather than strengthening their capacity to control the global media environment. The chapter will conclude with consideration of some implications of this analysis for questions of media power.

Esprit Futur : Le Corbusier and José Oubrerie at Saint-Pierre De Firminy, Firminy-Vert, France, 1968–2006

What is the secret mesmerism that death possesses and under the operation of which a modern architect – strident, confident, resolute – becomes rueful, pessimistic, or melancholic?1 Five years before Le Corbusier’s death at sea in 1965, the architect reluctantly agreed to adopt the project for L’Église Saint-Pierre de Firminy in Firminy-Vert (1960–2006), following the death of its original architect, André Sive, from leukemia in 1958.2 Le Corbusier had already developed, in 1956, the plan for an enclave in the new “green” Firminy town, which included his youth and culture center and a stadium and swimming pool; the church and a “boîte à miracles” near the youth center were inserted into the plan in the ’60s. (Le Corbusier was also invited, in 1962, to produce another plan for three Unités d’Habitation outside Firminy-Vert.) The Saint-Pierre church should have been the zenith of the quartet (the largest urban concentration of works by Le Corbusier in Europe, and what the architect Henri Ciriani termed Le Corbusier’s “acropolis”3) but in the early course of the project, Le Corbusier would suffer the diocese’s serial objections to his vision for the church – not unlike the difficulties he experienced with Notre Dame du Haut at Ronchamp (1950–1954) and the resistance to his proposed monastery of Sainte-Marie de la Tourette (1957–1960). In 1964, the bishop of Saint-Étienne requested that Le Corbusier relocate the church to a new site, but Le Corbusier refused and the diocese subsequently withdrew from the project. (With neither the approval, funds, nor the participation of the bishop, by then the cardinal archbishop of Lyon, the first stone of the church was finally laid on the site in 1970.) Le Corbusier’s ambivalence toward the project, even prior to his quarrels with the bishop, reveals...

Aerial object following using visual fuzzy servoing

This article presents a visual servoing system to follow a 3D moving object by a Micro Unmanned Aerial Vehicle (MUAV). The presented control strategy is based only on the visual information given by an adaptive tracking method based on the colour information. A visual fuzzy system has been developed for servoing the camera situated on a rotary wing MAUV, that also considers its own dynamics. This system is focused on continuously following of an aerial moving target object, maintaining it with a fixed safe distance and centred on the image plane. The algorithm is validated on real flights on outdoors scenarios, showing the robustness of the proposed systems against winds perturbations, illumination and weather changes among others. The obtained results indicate that the proposed algorithms is suitable for complex controls task, such object following and pursuit, flying in formation, as well as their use for indoor navigation

Omnidirectional bearing-only see-and-avoid for small aerial robots

Motivated by the growing interest in unmanned aerial system’s applications in indoor and outdoor settings and the standardisation of visual sensors as vehicle payload. This work presents a collision avoidance approach based on omnidirectional cameras that does not require the estimation of range between two platforms to resolve a collision encounter. It will achieve a minimum separation between the two vehicles involved by maximising the view-angle given by the omnidirectional sensor. Only visual information is used to achieve avoidance under a bearing-only visual servoing approach. We provide theoretical problem formulation, as well as results from real flight using small quadrotors.

Assessment of damages for property damage

In Gagner Pty t/as Indochine Café v Canturi Corporation Pty Ltd (2009) 262 ALR 691, the assessment of damages awarded for the rectification work to the premises of the respondent was in issue. The appellant operated a restaurant above the respondent’s jewellery store in Sydney. When the kitchen of the restaurant flooded, water escaped causing damage to the jewellery store’s fit-out. The escape of the water was held to be due to the negligence of persons for whom the appellant was vicariously liable. The trial judge awarded damages, measured by the amount required to return the premises as close as was possible to the condition prior to the flood damage as well as an allowance for interruption to the business for 10 days. The 10 day allowance reflected the number of days the store would have been closed for if it was to be returned to its previous condition. The evidence was that the flooding has only affected approximately 10% of the floor area of the store. However, instead of having work carried out to bring the premises back to its condition as before the water damage, the respondent closed the business for 29 working days for a complete internal refurbishment – at a cost substantially more than simple rectification. On appeal it was argued that the trial judge had assessed the damages incorrectly as by undertaking a complete refurbishment had the effect that the respondent did not suffer any loss as a consequence of the negligence in relation to the fit-out. It was asserted that the claim for damages was in the circumstances a claim for betterment. It was also argued that the damages should not include a component for GST. Campbell JA gave reasons, with Macfarlan JA and Sackville AJA agreeing.

Incremental entrepreneurship : best practice professionalization across generations

This chapter will introduce Australia’s Dennis family – a case of ‘incremental entrepreneurship’ in the business transition from the first to the second generation. Following the second generation’s formal involvement and ownership in the business, Dennis Family Corporation (DFC) undertook a major professionalization process to formalize the family business and ensure its continued success. The members of the second generation have successfully sustained the entrepreneurial spirit of their family business (albeit in a different style), adding value to the firm in an ‘incremental’ manner. Throughout the chapter there will be a strong emphasis on the family element of DFC and the roles that each family member has played. Bert Dennis, as the founder and incumbent leader of the firm, has witnessed major changes to the business he built from the ground up. His children, in particular his son Grant Dennis as the primary next generation issue champion, have seen the changes from another perspective – ensuring the business remains within the family into the second generation and beyond. The professionalization process was sparked by a commitment from the second generation to continue to ‘make a real go’ of the family business rather than simply liquidating and distributing the assets. The dedication of all the family members to this objective has ensured the success of this process, and ultimately, the longevity of the firm. Although DFC has become more ‘professional’, it has not lost its entrepreneurial character; rather, it has improved the ways in which entrepreneurialism is fostered and pursued in the company. In essence, this case outlines how the implementation of appropriate governance and management practices has allowed the Dennis family to overcome the challenges and maximize the opportunities associated with owning and operating a multigenerational family fi rm. From a theoretical perspective, this case uses the concepts of entrepreneurial orientation (EO) (Lumpkin and Dess 1996) and the resource- based view (RBV) (Habbershon and Williams 1999; Barney 1991; Wernerfelt 1984) to demonstrate how the fi rm has leveraged its familiness to foster an enduring spirit of entrepreneurship and to maintain a sustained competitive advantage.