Ambiguities and inconsistencies in relation to the obligations of proxies under corporations law: a model for reform

This article reconsiders the important question which came to light as a result of the controversial 2002 Coles Myer annual general meeting: do directors that are appointed as proxy have an obligation to vote as directed (and indeed should they)? A recent decision of the New South Wales Supreme Court, which was subsequently approved on appeal, stands for the proposition that proxy holders are agents of the shareholders that appointed them. However, currently the Corporations Act only requires a Chairman appointed as proxy to vote as directed — not an ordinary director. This article briefly explains the present state of the law in Australia on this issue, and then explores some interesting recent judicial remarks which may suggest that ordinary directors appointed as proxy must vote as directed in order to satisfy their director’s duties (both common law and statutory) to the company. We finally outline a proposed statutory reform initiative which seeks to remove the present uncertainty in the law by introducing a blanket requirement that all proxy holders must vote as directed.

Rosencrantz and Guildenstern are nevertheless dead: the hypothetical adolescence of Prince Hamlet and the contested remorselessness of young offenders

A young man stabs a defenceless elderly man to death, and remarks “I’ll lug the guts into the neighbour room.” Martha Grace Duncan has argued that such apparent remorselessness and other forensic features must be interpreted differently in children and young people as compared to adult defendants, because of developmental effects. Professor Duncan discusses a range of fictional as well as real examples in pressing her claim, and also appeals to psychiatric, psychological and psychoanalytic expertise. In order to examine the general validity of her argument, it is hypothesised here that a Duncanian adolescence defense has been presented for Prince Hamlet who, miraculously revived, now stands his trial for murder. It is argued that the “adolescence defense” is unsound in principle and that children and youth (whether or not as superannuated as the Prince of Denmark) should be treated in the same forensic manner as adults. If we respect children and youth, we must respect their autonomy however uncomfortable for us this may be: “So young, my lord, and true.”

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.

Soft-sediment deformation structures in the middle permian Wandrawandian siltstone, southern Sydney basin: implications for depositional environment and basin tectonics

The Middle Permian Wandrawandian Siltstone at Warden Head near Ulladulla in the southern Sydney Basin is dominated by fossiliferous siltstone and mudstone, with a large amount of dropstones (lonestones) and some pebbly sandstone beds. Two general types of deposits are recognised from the cliff succession in view of the timing and mechanism of their formation. One is represented by the background (or primary) deposits of offshore to slope environments with abundant dropstones of glacial marine origin. This facies occurs throughout the cliff sections at Warden Head. The second type is distinguished by secondary, soft-sediment deformational deposits and structures of the primary (background) deposits, and comprises three successive layers of sandy mudstone dikes. In the second type of deposit, metre scale, laterally extensive syn-depositional slump deformation structures occur extensively in the middle part of the Wandrawandian Siltstone. The deformation structures vary in morphology and pattern, including large-scale complex-type folds, flexural stratification, concave-up structures, small-magnitude -faults accompanied by folding and brecciation. The slumps and associated syn-depositional structures are herein attributed to penecontemporaneous deformations of soft sediments (mostly mud and silty mud), formed as a result of mass movement of unconsolidated and/or semi-consolidated substrate following earthquake events. The occurrence of the earthquake event deposits (or seismites) at Warden Head supports the current view that the Sydney Basin was located in a back-arc setting near the New England magmatic arc on an active continental margin during the Middle Permian, and the timing of the earthquake events is here interpreted to indicate the onset of the Hunter Bowen Orogeny in the southern Sydney Basin.

Mathematical knowledge of some entrants to a pre-service education course

Standards for teaching emphasise the need for teachers to have deep content knowledge. To assess the mathematical knowledge of students enrolling in its B.Ed. program, the University of New England has introduced a mathematics diagnostic test. This work is the first stage of an ongoing research project into the numeracy needs of students entering the B.Ed. program. The test is a pen-andpaper test that replaces previous on-line, multiple-choice tests. This paper reports on the test results, discusses some common errors made by students and outlines the future direction of the research.

Time to make a difference: using action research to foster student engagement

This paper reports on a project, funded by the Victorian Department of Education and Training (Australia), undertaken to explore the capacity for teachers to develop innovative teaching and learning strategies aimed at improving the educational experiences of students in the middle years. Central to this charter was the need for local schools to form Clusters, share ideas and develop strategies designed to improve student engagement and connection. In forming the Buxton (pseudonym) Cluster, four schools came together to declare their shared interest in improving student connection through the teaching and learning of mathematics. The 22 teachers involved in the project shared a broad concern that the traditional pedagogies built up around the maths discipline were contributing to the wider level of student disconnection observed in the middle years. In thinking about change, the group were attracted to constructivist approaches to pedagogy in which learning opportunities and tasks are varied sufficiently to appeal to the various learning styles and aptitudes of learners. Favouring an action research framework teachers involved in the project embarked on the implementation of pedagogic reforms aimed at improving levels of student engagement.

Dien Bien Phu: development and conservation in a Vietnamese cultural landscape

It has been possible to nominate places for their cultural landscape values to the World Heritage List since December 1992. The Operational Guidelines (2005) define cultural landscapes as cultural properties that ‘represent the “combined works of nature and man” designated in Article 1 of the Convention’. They are illustrative of the evolution of human society and settlement over time, under the influence of the physical constraints and/or opportunities presented by their natural environment and of successive social, economic and cultural forces, both internal and external’ (Para 47). Refining this further, the World Heritage system recognises three categories of cultural landscapes:

1. Clearly defined landscapes designed and intentionally created by man;

2. Organically evolved landscapes of two subtypes:
·  Relict or fossil landscapes in which an evolutionary process has come to an end but where its distinguishing features are still visible;
·  Continuing landscapes which retain an active social role in contemporary society associated with a traditional way of life and in which the evolutionary process is still in progress and where it exhibits significant material evidence of its evolution over time;

3. Associative cultural landscapes where the outstanding universal value relates to the powerful religious, artistic, or cultural associations of the natural elements rather than the evidence of material culture.

Permian soft-sediment deformation structures related to earthquake in the Southern Sydney Basin, Eastern Australia

Sydney Basin is located in the eastern part of Australia, Lachlan Fold Belt, and between the New England Fold Belt. From the Sydney basin at the end of the Late Carboniferous to Middle Triassic experienced back-arc spreading to the foreland basin at different stages: back-arc spreading stage (Carboniferous ), A passive thermal subsidence stage (early in the Permian Berry) and load deflection extruding stage (in Broughton Permian - Triassic). This time at the Sydney basin on the eastern side of the New England Fold Belt for the island Background of the arc. As a result, back-arc in the Permian Basin of the South Sydney basin by the back-arc spreading the eastern side of the arc and trench subduction before the impact of strong seismic activity, the development of a series of earthquake-related seismites to form various types and Seismic activity related to the deformation of soft sediment structure. Permian Basin, South Sydney's soft sediment deformation including cracks in shock-fold, liquefied vein, volcanic sand, load structure, flame Construction, pillow-like structure, spherical structure, pillow Layer structure slump, and so breccia. To which the cracks in shock-fold fibrillation is a direct result of earthquake faults and folds; pillow is a layer of sand caused by the earthquake fibrillation dehydration, the formation of the sinking; liquefied vein, Volcanic sand for the liquefaction of sand penetration of the formation of earthquake fissures formed; load structure, flame Construction, pillow-like structure, spherical structure is affected by the earthquake fibrillation in the sand, mudstone interface because of the sinking sand, mud layer formed through ; Slump structures and breccia of the earthquake was caused by the gravitational collapse or the formation of the debris flow. Fissures, earthquake-fold, liquefied vein, volcanic sand, load structure, flame Construction, pillow-like structure, spherical structure, pillow-like layer Equivalent to the original earthquake rocks the plot, and the slump structures and breccia of the plot belong to different earthquake rocks.

Technology and teachers in rural schools : diversity and similarity

This paper reports on a project situated in regional areas of Victoria in which 16 primary and secondary teachers participated in an intensive professional development program designed to assist them in embedding Information Communications Technology (ICT) into their classroom practice. The project provides some insight into the availability and use of current technological resources in the rural schools and examines the impact of an intensive professional development program on the implementation of ICT into the curriculum.

The results identified a large diversity of circumstances experienced by the schools in the project, not only in terms of ICT availability and use, and teacher experience, but also in more general issues of cultures of curriculum planning and integration, size, communication, and pedagogical presumptions. The successful integration of ICT into their pedagogical practice was influenced by a complex of factors including the availability of ICT resources, the teachers’ ICT skill level, the teachers’ ability and opportunity to integrate ICT in classroom, the level of support provided, both technical and pedagogical, and the curriculum requirements.

The results of the project have been positive with evidence of increased networking among the teachers, changes in teaching practice and increased teacher proficiency and awareness of ICT resources. The project has highlighted common difficulties that teachers experienced including frustrations with the unreliability of technology and a lack of time for necessary training and preparation. In response to the constraints, teachers have been resourceful and inventive in developing pedagogical strategies to aid the integration of ICT into their classroom practice.

東澳大利亞悉尼盆地南部二疊紀的地層、沈積環境與盆地演化

The latest Carboniferous to Triassic Sydney-Gunnedah-Bowen Basin System in the eastern Australia is an elongate structural basin that locates between the Lachlan Caledonian Fold Belt in the west and the New England Fold Belt in the east. Extending from the Gunnedah district in the north to the Batemans Bay in the south, the Sydney Basin is a subbasin located in the southern part of the Sydney-Gunnedah-Bowen Basin System. The Permian in Sydney Basin consists of sedimentary sequences of fluvial, delta, littoral and shallow marine environments, as well as volcanic rocks. In the southwest of southern Sydney Basin, the Permian unconformably onlaps the highly deformed and metamorphosed Lachlan Fold Belts. The Permian System from the southern Sydney Basin comprises the Lower Permian Tallaterang Group (consisting of Clyde Coal Measures and Wasp Head Formation), Shoalhaven Group ( consisting of the Lower Permian Yadboro & Tallong Conglomerate, Yarrunga Coal Measures, Pebbly Beach Formation, Snapper Point Formation and the Middle Permian Wandrawandian Siltstone, Nowra Sandstone, Berry Siltstone and Broughton Formation) and the Upper Permian Illwarra Coal Measures. From the latest Carboniferous to the Middle Triassic, the SydneyBowen Basin had experienced different tectonic phases from a back-arc extensional regime to a typical foreland basin: a back-arc extensional phase, a passive thermal sag phase and a flexural loading and increased compressional phase.

Analysis of Optimum Location, Viability, and Potential Effects of Wind Farm Construction in Maine

Maine has the highest potential for wind energy in New England and falls within the top twenty states in the nation. It falls just behind Wisconsin and California with an estimate electrical output of 56 billion kWhs. The geological makeup of Maine’s mountains in the western part of the state, and the exposed coastline provide opportune areas to capture wind and convert it into energy. The information included in this poster will suggest the most likely areas for wind development based on a number of factors as recommended by the American Wind Energy Association.