The High Court on crime in 2012 : outcomes and jurisprudence

This article examines the High Court decisions from 2012 which relate to criminal matters. This systematic analysis of all High Court judgments commenced in this Journal in 2010 and is now undertaken annually. The article explains the principles that derive from these cases and identifies jurisprudential themes from the decisions. It also sets out the significance of the cases and the possible wider consequences of the decisions.

Exponential stabilization for state and input delay systems via output feedback

This paper considers the exponential stabilization problem via static and dynamic output feedback controllers of linear systems with a time delay in both the state and input. By using a change of the state variable and combining with the Lyapunov-Krasovskii method, new sufficient conditions for exponential stabilization via static and dynamic output feedback controllers are proposed. The conditions are expressed in terms of matrix inequalities but with only one parameter needs to be tuned and therefore can be efficiently solved by incorporating an one-dimensional search method into the Matlab’s LMI toolbox. Two numerical examples are provided to illustrate the obtained results.

Accepted Doctrine at the Time of Federation and Kirk v Industrial Court of New South Wales

This article critiques one aspect of the High Court’s reasoning in its landmark 2010 decision of Kirk v Industrial Court of New South Wales, namely its reliance on ‘accepted doctrine at the time of federation’ to determine the ‘defining characteristics’ of the state Supreme Courts. I argue that the relevant passages in Kirk are ambiguous and capable of two alternative readings, which I term the ‘pre-Federation entrenchment theory’ and the ‘on-Federation entrenchment theory’. With extensive reference to primary and secondary materials from the Federation era, I argue that both theories are flawed and, indeed, contrary to accepted doctrine at the time of Federation. Consequently, if the holding in Kirk is to be defended, other justifications for the entrenchment of judicial review in the state jurisdictions, which were only touched upon in Kirk, need to be developed and articulated with greater thoroughness and rigour.

Routing and privacy protection in human associated delay tolerant networks

This thesis proposes Human Associated Delay Tolerant Networks, where data communications among mobile nodes are determined by human social behaviours. Three models are proposed to handle the social attributes effect on data forwarding, the time impact on nodes’ movement and the privacy protection issue when social attributes are introduced.

Implications for Australian anaesthetists and proceduralists of a recent court decision regarding informed consent and patient positioning

 This article discusses the medicolegal implications of a recent judgment in relation to a patient who suffered significant morbidity as a result of patient positioning during an operative procedure. The patient developed an unexpected serious complication following surgery, in the context of a preoperative consent that did not cover every potential complication or contingency. The court held that the failure to warn of a particular risk that would have prevented the patient from undergoing a procedure but did not occur will not necessarily result in a finding of negligence in relation to another risk where the harm did occur. This finding is well aligned to current clinical practice and at the same time does not abrogate the practitioner's duty to provide a comprehensive list of possible complications during the consent process for any proceduralist. In the context of a procedure requiring anaesthesia, the importance of communication and understanding between the anaesthetist and proceduralist as to which aspects of the consent process are undertaken by whom, and to ensure the process is done comprehensively, is of great importance and is indirectly highlighted by this recent judgment.