The Statutory Defence(s) of 'peer professional opinion'

In the wake of the GFC and with ever increasing consumer-protection-related laws, clients are more aware of their rights and your obligations as a professional valuer. They also are more likely to take legal action if, as a result of their reliance on a valuation, they suffer a financial loss. In some Australian jurisdictions, in response to a claim of negligence, the professional valuer may be able to raise a professional practice defence under civil liability legislation. This article considers the nature of this statutory defence, what is required to rely upon it and in which jurisdictions it applies.

Soliciting additional concerns in the primary care consultation and the utility of a brief communication intervention to aid solicitation: A qualitative study

Objective To investigate the perspectives of general practitioners (GPs) on the practice of soliciting additional concerns (ACs) and the acceptability and utility of two brief interventions (prompts) designed to aid the solicitation. Methods Eighteen GPs participating in a feasibility randomised controlled trial were interviewed. Interviews were semi-structured and audio-recorded. Data were analysed using a Framework Approach. Results Participants perceived eliciting ACs as important for: reducing the need for multiple visits, identifying serious illness early, and increasing patient and GP satisfaction. GPs found the prompts easy to use and some continued their use after the study had ended to aid time management. Others noted similarities between the intervention and their usual practice. Nevertheless, soliciting ACs in every consultation was not unanimously supported. Conclusion The prompts were acceptable to GPs within a trial context, but there was disagreement as to whether ACs should be solicited routinely. Some GPs considered the intervention to aid their prioritisation efficiency within consultations. Practice implications Some GPs will find prompts which encourage ACs to be solicited early in the consultation enable them to better organise priorities and manage time-limited consultations more effectively.

Portrait of Molling and Sanger (Loewy) families on vacation; Marienbad Portraits Family

Therese Molling (1890-1981) is in back row in white dress, to her left is her mother Henny Molling nee Meyerhof (1864-1934), her husband (and Therese's father) Adolf Molling (1865-1921) is posing on the grass in front.

Three generations of Therese Gottschalk nee Molling, her daughter Elizabeth Gottschalk and Grandmother Henny Molling; Hannover, Germany.

From left to right: Therese Gottschalk nee Molling, Elizabeth Gottschalk, Henny Molling

Tombstone of Adolf Molling and his wife Henriette (Henny) nee Meyerhof in the Jewish cemetery An der Strangriede Str. 54. 7; Hannover, Germany. Cemeteries Tombs

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Tombstone of Adolf Molling and his wife Henriette (Henny) nee Meyerhof; Strangriede Cemetery Str.54.7; Hannover Cemeteries Tombs

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Australian Property Institute Inc, Submission to the Productivity Commission on Intellectual Property Arrangements – Issues Paper

This submission responds to the document Intellectual Property Arrangements Issues Paper (Issues Paper) released by the Productivity Commission in October 2015 for public consultation and input by 30 November 2015. The API is grateful for the extension of time granted by the Commission to complete and lodge this submission. The overall need for an inquiry into intellectual property is supported by API. In particular it is noted with approval that the Commission states in its Issues Paper that it is to consider the appropriate balance between “incentives for innovation and investments, and the interests of both individuals and businesses in assessing products”.1 However, API is of the view that intellectual property in the area of real property presents a number of issues which are not fully canvassed in the abovementioned Issues Paper. Intellectual property embedded in valuation and other property-related reports of API members involves the acquisition of information which may possibly be confidential. Yet, when engaged in banks and financial institutions the intellectual property in such valuations and/ or reports is commonly required to be passed to the client bank or financial institution. In the Issues Paper it is proposed that there are seven different forms of intellectual property rights.2 It is the view of API that an eight form exists, namely private agreements. The Issues Paper, however, regards private agreements between firms as alternatives to intellectual property rights. The API considers that “secrecy or confidentiality arrangements”3 as identified in the Issues Paper form a much larger part of the manner in which intellectual property is maintained in Australia for the purposes of trade secrecy or more often, financial confidentiality...

Guests at Sophie Oppenheimer's 70th birthday celebration Portraits Groups

Handwritten on verso: (top l-r) Heinz Marcus, Hilde Marcus, Heinz Ascher, Else Stern, Gerhard Ascher, Hattie Wallerstein, Kurt Stern, Paula Stern, Lula Ascher and Hilde Marcus; (second row l-r) Otto Oppenheimer, Heinrich Ascher, Julius Stern, David Wallerstein, Max Marcus, Alex Goldschmidt and Ernst Oppenheimer; (third row l-r) Rose, Hans Oppenheimer, Gertrud Ascher, Oma Oppenheimer, Emma, Martha, Lene, Lucy, Hans, Lore; (front row l-r) Margot Ascher, Heinz Ascher, Golda Ascher, Edith Goldschmidt, Irma Ascher, Lotti Goldschmidt, Gretl Oppenheimer and Ilse Oppenheimer

Arthur Liebert, Albert Einstein, Franz Oppenheimer, Mrs. Kurt Goldstein, Fritz Medicus and Arthur Liebert's son walking outside the Grand Hotel Curhaus during the Davoser Hochschulkurse; Davos, Switzerland Portraits Groups

The Davoser Hochschulkurse took place for the first time in 1928. Mainly university teachers from Germany, France, Switzerland (perhaps elsewhere) offered lectures to students recovering from tuberculosis at the health resort in the Swiss mountains. The lecturers were accommodated at the Grand Hotel Curhaus, where the lectures also took place.

Lucien Levy-Bruehl, Albert Einstein, Franz Oppenheimer, Arthur Liebert and his son, Paul Tillich, unidentified woman and Mrs. Charles Blondel outside the Grand Hotel Curhaus during the Davoser Hochschulkurse; Davos, Switzerland Portraits Groups

The Davoser Hochschulkurse took place for the first time in 1928. Mainly university teachers from Germany, France, Switzerland (perhaps elsewhere) offered lectures to students recovering from tuberculosis at the health resort in the Swiss mountains. The lecturers were accommodated at the Grand Hotel Curhaus, where the lectures also took place.

Henny Molling nee Meyerhof, Therese Gottschalk nee Molling, Kurt, Elizabeth and Hal Gottschalk on the beach; Norderney, Germany.

Sitting in the Strandkorb (beach chair) at Norderney are Henny Molling and Therese Gottschalk; sitting in the sand are Kurt, Elizabeth and Hal Gottschalk

Adolf and Henny Molling nee Meyerhof with Benno Molling's wife Sophie Molling nee Reuben and an unknown woman; Bad Nauheim, Germany.

Postcard written to Therese Gottschalk nee Molling at Norderney

Portrait of Henny Molling nee Meyerhof and her daughter Therese Molling in living room; Germany.

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Studio portrait of Henny Molling nee Meyerhof and her daughter Therese Molling; Hannover, Germany.

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Intellectual Property Chapter in Part 18: Intellectual Property and Communications

This chapter addresses the areas more commonly found in everyday practice (NB circuit layouts and plant breeder's rights are not covered). Importantly, IP law has become very specialised, and as such one for which practitioners will need expertise or access to relevant experts in order to properly provide advice. The following therefore is an overview only of relevant issues.