Examining the approaches to diminish judicial intervention in statutory adjudication in Australia

In Australia, statutory construction adjudication is a fast payment dispute resolution process designed to keep the cash flowing down the hierarchical contractual chain in construction projects. Its rapid, highly regulatory and temporarily binding nature have led to it being often described as a ‘quick and dirty’ process that delivers ‘rough and ready’ justice. Adjudicators often have to grapple with complex legal issues related to jurisdictional facts and interpretation of contract provisions, though the majority of them are not legally trained. This has often led to a poor quality of adjudication outcome for large and complex payment claims which has, in turn, led to a mounting dissatisfaction due to the many judicial challenges to adjudicators’ determinations seen in recent years. The evolving tension between the object of the security of payment legislation and excessive involvement of the courts has often been the subject of comment by the judiciary. This paper aims to examine the legislative and judicial approaches to support the object of the security of payment legislation to ease cash flow. The paper adopts a desktop study approach whereby evidence is gathered from three primary sources – judicial decisions, academic publications and governmental reports. The paper concludes that there is a need to adopt other measures which can provide more convenient relief to aggrieved parties to an adjudication process, such that the adjudication process is kept away from the courts as far as is possible. Specifically, it is proposed that a well-designed expanded legislative review scheme of allegedly flawed adjudication, based on that provided in the Western Australian legislation, might stand as a promising remedy to eliminate the evolving tension.

Microstructural and surface texture analysis due to machining in Super Austenitic Stainless Steel

Inferior surface quality is a significant problem faced by machinist. The purpose of this study is to present a surface texture analysis undertaken as part of machinability assessment of Super Austenitic Stainless Steel alloy-AL6XN. The surface texture analysis includes measuring the surface roughness and investigating the microstructural behaviour of the machined surfaces. Eight milling trials were conducted using combination of cutting parameters under wet machining. An optical profilometer (non-contact), was used to evaluate the surface texture at three positions. The surface texture was represented using the parameter, average surface roughness. Scanning Electron Microscope was utilised to inspect the machined surface microstructure and co relate with the surface roughness results. Results showed that maximum roughness values recorded at the three positions in the longitudinal direction (perpendicular to the machining grooves) were 1.21 μm (trial 1), 1.63 μm (trial 6) and 1.68 μm (trial 7) respectively whereas the roughness values were greatly reduced in the lateral direction. Also, results showed that the feed rate parameter significantly influences the roughness values compared to the other cutting parameters. The microstructure of the machined surfaces was distorted by the existence of cracks, deformed edges and bands and wear deposition due to machining process.

EU-North Africa relations in cross-border law enforcement: new legal challenges for the EU in the post-Lisbon and post-Stockholm era

The Stockholm Programme, allied to the Lisbon Treaty, heralds a new era of development of the EU provisions on cross-border law enforcement. The focus is shifting from the ongoing internal EU developments to the external relations of the EU. Many North African countries have had long legal relationships with the EU through the Euro-Mediterranean Partnerships. A number of these partnership agreements make express references, at the political level, to the development of cross-border law enforcement provision, as is the case of Morocco and Algeria with regard to drug trafficking and manufacture, or the lengthy references by Egypt to many of the crimes of interest to the EU’s own law enforcement legal framework. Algeria is currently focusing on modernising their own police forces, with both Algeria and Tunisia, reforming their criminal judicial frameworks. Another key player, Libya, currently has no legal agreements with the EU, and at least until the recent conflict, maintained an observer status in the Euro-Mediterranean process. At a practitioner level, the European Police College (CEPOL) is currently involved in the Euromed Police II programme. Clearly momentum is developing, both within the EU and from a number of Euro-Med North African countries to develop closer law enforcement co-operation. This may well develop further with the recent changes in governments of a number of North African countries. The EU approach in the Police and Judicial Cooperation in Criminal Matters (PJCCM) policy area is to develop a legal framework upon which EU cross-border law enforcement will be based. The current EU cross-border law enforcement framework is the product of many years of multi-level negotiations. Challenges will arise as new countries from different legal and policing traditions will attempt to engage with already highly detailed legal and practice frameworks. The shared European legal traditions will not necessarily be reflected in the North African countries. This chapter critically analyses, from an EU legal perspective the problems and issues that will be encountered as the EU’s North African partner countries attempt to articulate into the existing, and still developing EU cross-border law enforcement framework.

Fully smart cities: Analysis of the city to Smart City transformation process

Ever since the birth of the Smart City paradigm, a wide variety of initiatives have sprung up involving this phenomenon: best practices, projects, pilot projects, transformation plans, models, standards, indicators, measuring systems, etc. The question to ask, applicable to any government official, city planner or researcher, is whether this effect is being felt in how cities are transforming, or whether, in contrast, it is not very realistic to speak of cities imbued with this level of intelligence. Many cities are eager to define themselves as smart, but the variety, complexity and scope of the projects needed for this transformation indicate that the change process is longer than it seems. If our goal is to carry out a comparative analysis of this progress among cities by using the number of projects executed and their scope as a reference for the transformation, we could find such a task inconsequential due to the huge differences and characteristics that define a city. We believe that the subject needs simplification (simpler, more practical models) and a new approach. This paper presents a detailed analysis of the smart city transformation process in Spain and provides a support model that helps us understand the changes and the speed at which they are being implemented. To this end we define a set of elements of change called "transformation factors" that group a city's smartness into one of three levels (Low/Medium/Fully) and more homogeneously identify the level of advancement of this process. © 2016 IEEE.

Teaching / learning process through the case method in the law degree

This project in teaching innovation and improvement aims to disseminate the case method as one of the most innovative educational instruments inteaching of Law in general, and specifically with regard to Family and Inheritance Law. The methodology used ensures learning through a legal conflict, which must be resolved by the students themselves from different viewpoints as legal agents. This is an activity in teaching innovation, in which students become the protagonists. Participation is voluntary, and the main aim is student motivation. The subject's aim is for students to learn public speaking skills fundamental to the profession while familiarising themselves with judicial practice. Theteacher sets up a legal conflict in order for students to resolve the dispute as legal agents with divergent viewpoints - in other words, as judges, attorneys, lawyers and so on. The project seeks alternatives to traditional teaching methods and is an innovative teaching method aimed at professionally training future lawyers as well as being a model that involves students more in their own learning.

Out of Character? Legal responses to intimate partner homicides by men in Victoria 2005-2014

This report reviews 51 cases of intimate partner homicide by men in Victoria, from 2005-2014, to investigate how family violence is recognised in homicide prosecutions. Research and death reviews in Australia and overseas have found that systemic failures in legal responses to family violence contribute to intimate partner homicides. In 2010, Domestic Violence Resource Centre Victoria and Monash University began a project to explore the impact of the 2005 homicide law reforms on intimate partner homicides. The first phase of the project examined cases of women who killed their intimate partners, focusing on whether the reforms had improved the recognition of family violence victimisation as a factor. This report presents findings from the second phase, which examines legal responses to men who have killed in the context of sexual intimacy. In analysing the cases, it looks at key contextual factors, legal outcomes, family violence risk factors, how prior family violence is understood and discussed by legal professionals, how evidence of prior family violence is used by the prosecution and whether it is admitted as evidence, the types of arguments and narratives made in defence of the accused, the recognition of family violence through the sentencing process, and the use of provocation as a mitigating factor.

Modulated deformation of lipid membrane to vesicles and tubes due to reduction of graphene oxide substrate under laser irradiation

Biomembrane transformations are closely related to many biological processes including endo/exocytosis and the cellular response to the local physical environment. In this work, we investigated the transformation between lipid membranes and lipid vesicles/tubes modulated by the solid substrate of graphene oxide (GO) aggregates under laser irradiation. We firstly fabricate a novel type of lipid@GO composite consisting of micrometer-sized GO aggregates surrounded by lamellar lipid membranes. Upon laser irradiation, lipid protrusion occurs and leads to the formation of vesicles adsorbed on the GO aggregate surface, with an average size as 0.43 times of the radius of GO aggregate. Both the location and the dynamic formation process of vesicles can be modulated. The arising of vesicles prefers to occur at edges of the GO planes rather than on surface of individual GO sheets within the GO aggregate. Furthermore, at a reduced laser power density, the lipid protrusion mainly grows to tubes instead of vesicles. Such transformations from lipid membrane to vesicles and tubes is ascribed to the reduction of GO to reduced-GO (rGO) under laser irradiation, probably along with the release of gases leading to the deformation of lipid membrane surrounding the GO surface.

A simultaneous extraction of context and community from pervasive signals using nested dirichlet process

Understanding user contexts and group structures plays a central role in pervasive computing. These contexts and community structures are complex to mine from data collected in the wild due to the unprecedented growth of data, noise, uncertainties and complexities. Typical existing approaches would first extract the latent patterns to explain human dynamics or behaviors and then use them as a way to consistently formulate numerical representations for community detection, often via a clustering method. While being able to capture high-order and complex representations, these two steps are performed separately. More importantly, they face a fundamental difficulty in determining the correct number of latent patterns and communities. This paper presents an approach that seamlessly addresses these challenges to simultaneously discover latent patterns and communities in a unified Bayesian nonparametric framework. Our Simultaneous Extraction of Context and Community (SECC) model roots in the nested Dirichlet process theory which allows a nested structure to be built to summarize data at multiple levels. We demonstrate our framework on five datasets where the advantages of the proposed approach are validated.

Public Notice Process

This flow chart shows the steps to go through for a public notice process to obtain a construction or environmental permit from DHEC.

Plan de negocios endúlzate: emprendimiento

En principio, la realización de este proyecto conllevo al desarrollo de mis habilidades y conocimientos adquiridos durante la carrera de administración de Negocios Internacionales. Así mismo, me permitió tener una visión más cercana sobre el proceso de comercio exterior, con el trabajo a diario en Procolombia, empresa en la que realizo mi pasantía, el hacer investigaciones de mercado, el contacto con empresarios exportadores de panela, trabajar con expertos de la empresa en el sector panelero, las diversas capacitaciones en temas de comercio exterior, identificación de mercados potenciales y asuntos legales de la exportación, enriqueció la información y construcción de mi proyecto. El mercado de los endulzantes naturales a nivel mundial, según estudios de Euromonitor Internacional ha venido tenido un protagonismo cada vez más importante en diversos mercados, especialmente en Estados Unidos y Europa. Así, cada vez existe un mayor número de personas que se abstienen del consumo del azúcar refinado, pues temen del padecimiento de enfermedades como la obesidad o el cáncer a causa de productos fabricados con químicos. De esta manera, las tendencias de consumo se encaminan hacia la búsqueda por parte de las personas por alimentos naturales, dentro de los cuales se encuentran los endulzantes sin químicos que aportan un alto valor nutricional. En este sentido, la unión Europea se convierte en un mercado atractivo para la exportación de endulzantes naturales, esto debido a las tendencias de los europeos hacia el consumo de alimentos saludables según lo afirma un estudio de mercado del Ministry of foreign affairs (CBI). De esta manera, el país con mayores índices de consumo de alimentos orgánicos es Alemania, sumado a ello en los hábitos de consumo son importantes los endulzantes pues la ingesta de té y café es alta, haciéndose mayor en época de invierno.

Trandisciplinarity and Design: Comparative Review and Synthesis for the Design Process

Transdisciplinarity gained importance in the 1970s, with the initial signs of weakness of both multi- and interdisciplinary approaches. This weakness was felt due to the increased complexity in the social and technological landscapes. Generally, discussion over the transdisciplinary topic is centred in social and health sciences. Therefore, the major challenge in this research is to adapt design research to the emerging transdisciplinary discussion. Based on a comparative and critical review of several engineering and design models for the design process, we advocate the importance of collaboration and conceptualisation for these disciplines. Therefore, a transdisciplinary and conceptual cooperation between engineering and industrial design disciplines is considered as decisive to create breakthroughs. Furthermore, a synthesis is proposed, in order to foster the cooperation between engineering and industrial design.