Putting the 'Personal' back into injury: An interpretation of Pt 3-5 of the ACL

There is an ongoing debate in relation to Part 3-5 of the ACL, particularly over its use in relation to other civil liability remedies. This article looks more closely at ss 138 and 139. It argues that, because of a possible design flaw in the statutory construction of s 138, it can be interpreted much more broadly than it has been to date. Also, the paper discusses the effect on an interpretation of s 139 ACL of both the High Court’s decision in Marks v GIO Australia Holdings Ltd, and a small but significant amendment to s 139 when the ACL was enacted. It argues that s 139 can now be interpreted broadly to include claims not just for loss of financial support or services but for all loss or damage or injury caused.

What is Statutory Interpretation? A Primer QUT law students

In this Primer, our aims are to explain what statutory interpretation is and why it is important. We also aim to note some of the more difficult concepts and ideas you will need to understand when reading a statute, when deciding if it is relevant to a legal problem, and, if so, how it applies to that problem. We do not aim to provide an overview of the rules of Statutory Interpretation, but only to focus on areas that have created well-known difficulties for students and practitioners alike, such as the concept of the intentions of Parliament and the correct use of intrinsic materials.

Spatially explicit perceptions of ecosystem services and land cover change in forested regions of Borneo

Spatially explicit information on local perceptions of ecosystem services is needed to inform land use planning within rapidly changing landscapes. In this paper we spatially modelled local people's use and perceptions of benefits from forest ecosystem services in Borneo, from interviews of 1837 people in 185 villages. Questions related to provisioning, cultural/spiritual, regulating and supporting ecosystem services derived from forest, and attitudes towards forest conversion. We used boosted regression trees (BRTs) to combine interview data with social and environmental predictors to understand spatial variation of perceptions across Borneo. Our results show that people use a variety of products from intact and highly degraded forests. Perceptions of benefits from forests were strongest: in human-altered forest landscapes for cultural and spiritual benefits; in human-altered and intact forests landscapes for health benefits; intact forest for direct health benefits, such as medicinal plants; and in regions with little forest and extensive plantations, for environmental benefits, such as climatic impacts from deforestation. Forest clearing for small scale agriculture was predicted to be widely supported yet less so for large-scale agriculture. Understanding perceptions of rural communities in dynamic, multi-use landscapes is important where people are often directly affected by the decline in ecosystem services.

Constrained Linear Spectral Unmixing Technique for Regional Land Cover Mapping Using MODIS Data

Over the last few decades, there has been a significant land cover (LC) change across the globe due to the increasing demand of the burgeoning population and urban sprawl. In order to take account of the change, there is a need for accurate and up-to-date LC maps. Mapping and monitoring of LC in India is being carried out at national level using multi-temporal IRS AWiFS data. Multispectral data such as IKONOS, Landsat-TM/ETM+, IRS-ICID LISS-III/IV, AWiFS and SPOT-5, etc. have adequate spatial resolution (similar to 1m to 56m) for LC mapping to generate 1:50,000 maps. However, for developing countries and those with large geographical extent, seasonal LC mapping is prohibitive with data from commercial sensors of limited spatial coverage. Superspectral data from the MODIS sensor are freely available, have better temporal (8 day composites) and spectral information. MODIS pixels typically contain a mixture of various LC types (due to coarse spatial resolution of 250, 500 and 1000 in), especially in more fragmented landscapes. In this context, linear spectral unmixing would be useful for mapping patchy land covers, such as those that characterise much of the Indian subcontinent. This work evaluates the existing unmixing technique for LC mapping using MODIS data, using end-members that are extracted through Pixel Purity Index (PPI), Scatter plot and N-dimensional visualisation. The abundance maps were generated for agriculture, built up, forest, plantations, waste land/others and water bodies. The assessment of the results using ground truth and a LISS-III classified map shows 86% overall accuracy, suggesting the potential for broad-scale applicability of the technique with superspectral data for natural resource planning and inventory applications. Index Terms-Remote sensing, digital

A continuum to characterise and support teacher interpretation of an innovative curriculum

A continuum for describing the degree to which teachers interpret the various features of a curriculum is presented. The continuum has been developed based upon the observation of classroom practices and discussions with a group of teachers who are using an innovative junior secondary mathematics curriculum. It is anticipated that the ongoing use of the continuum will lead to its improvement as well as the refinement of the curriculum, more focussed support for the teachers,improved student learning, and the building of explanatory theory regarding mathematics teaching and learning.

An analytical study revisiting debate on interpretation of Article 38 of the Statute of International Court of Justice

Article 38(1) of the Statute of International Court of Justice (hereinafter ICJ) is today generally seen as a direction to the significant sources of international law, which the world court must consider in resolving disputes; however, the list is not exhaustive nor encompasses all the formal and material sources of the international legal system. Article 38 of the Statute of ICJ was written ninety years ago in a different world, a question is under debate in many states, whether or not sources mentioned in Article 38 of the statute are compatible with needs of 21st century ? In recent decade, many new actors come on the stage which have transformed international law and now it is not only governs relations among states but also covers many International Organizations. Article 38(2) does refer to the other possible sources but does not define them. Moreover, law is a set of rules that citizens must follow to regulate peace and order in society. These laws are binding on both the individual and the state on a domestic and international level. Do states regard this particular rule as a rule of international law? The modern legal system of states is in the form of a specified and well organized set of rules, regulating affairs of different organs of a state. States also need a body of rules for their intercourse with each other. These sets of rules among states are called “International Law.” This article examines international law, its foundation and sources. It considers whether international conventions and treaties can be the only way states can considerably create international law, or there is a need for clarity about the sources of international law. Article is divided into two parts, the first one deals with sources of international law discussed in Article 38 of the statute of International Court of Justice whereas the second one discusses the material and formal sources of law, which still need reorganization as sources of law.

Satellite-derived direct radiative effect of aerosols dependent on cloud cover

Aerosols from biomass burning can alter the radiative balance of the Earth by reflecting and absorbing solar radiation(1). Whether aerosols exert a net cooling or a net warming effect will depend on the aerosol type and the albedo of the underlying surface(2). Here, we use a satellite-based approach to quantify the direct, top-of-atmosphere radiative effect of aerosol layers advected over the partly cloudy boundary layer of the southeastern Atlantic Ocean during July-October of 2006 and 2007. We show that the warming effect of aerosols increases with underlying cloud coverage. This relationship is nearly linear, making it possible to define a critical cloud fraction at which the aerosols switch from exerting a net cooling to a net warming effect. For this region and time period, the critical cloud fraction is about 0.4, and is strongly sensitive to the amount of solar radiation the aerosols absorb and the albedo of the underlying clouds. We estimate that the regional-mean warming effect of aerosols is three times higher when large-scale spatial covariation between cloud cover and aerosols is taken into account. These results demonstrate the importance of cloud prediction for the accurate quantification of aerosol direct effects.

Cubicity, boxicity, and vertex cover

A k-dimensional box is the cartesian product R-1 x R-2 x ... x R-k where each R-i is a closed interval on the real line. The boxicity of a graph G,denoted as box(G), is the minimum integer k such that G is the intersection graph of a collection of k-dimensional boxes. A unit cube in k-dimensional space or a k-cube is defined as the cartesian product R-1 x R-2 x ... x R-k where each Ri is a closed interval on the real line of the form [a(i), a(i) + 1]. The cubicity of G, denoted as cub(G), is the minimum k such that G is the intersection graph of a collection of k-cubes. In this paper we show that cub(G) <= t + inverted right perpendicularlog(n - t)inverted left perpendicular - 1 and box(G) <= left perpendiculart/2right perpendicular + 1, where t is the cardinality of a minimum vertex cover of G and n is the number of vertices of G. We also show the tightness of these upper bounds. F.S. Roberts in his pioneering paper on boxicity and cubicity had shown that for a graph G, box(G) <= left perpendicularn/2right perpendicular and cub(G) <= inverted right perpendicular2n/3inverted left perpendicular, where n is the number of vertices of G, and these bounds are tight. We show that if G is a bipartite graph then box(G) <= inverted right perpendicularn/4inverted left perpendicular and this bound is tight. We also show that if G is a bipartite graph then cub(G) <= n/2 + inverted right perpendicularlog n inverted left perpendicular - 1. We point out that there exist graphs of very high boxicity but with very low chromatic number. For example there exist bipartite (i.e., 2 colorable) graphs with boxicity equal to n/4. Interestingly, if boxicity is very close to n/2, then chromatic number also has to be very high. In particular, we show that if box(G) = n/2 - s, s >= 0, then chi (G) >= n/2s+2, where chi (G) is the chromatic number of G.

Reconsidering Relativism and Intentionalism in Interpretation : Donald Davidson, Hermeneutics, and Pragmatism

This study focuses on two philosophical issues related to the interpretation of art. Firstly, it considers the role of authorial intentions in interpretation. Secondly, the study raises the issue of relativism in interpretation through a discussion of the relativistic tendencies apparent in the views of three major figures of contemporary philosophy: Joseph Margolis, Hans-Georg Gadamer, and Richard Rorty. The major goal of the thesis is to develop a theory of interpretation supporting the role of authorial intentions in interpretation on the basis of Donald Davidson s late philosophy of language and the holistic account of interpretation that underlies different parts of his philosophy. It is my belief that an intentionalist view of interpretation built on Davidsonian elements manages to form the most convincing defense of that interpretive position against the skepticism present in the views of Margolis, Gadamer, and Rorty. The theoretical issues addressed in the thesis are illuminated by discussions of case-examples, most importantly Richard Wagner s The Valkyrie, Thomas Adés America: A Prophecy, and some symphonies by Dimitri Shostakovich. In chapter one, I present a critical discussion of Margolis robust relativism. While finding Margolis criticism of the self-refutive argument plausible, I, nevertheless, argue that the relativistic logic Margolis offers should not be favored in interpretation. The first parts of chapter two outline Davidsonian intentionalism by presenting a reading of Davidson s later work in philosophy of language and mind, and by indicating its relationship to Davidson s views of literature. Then, I shall compare Davidson s ideas with some recent modest forms of intentionalism found in analytic aesthetics, and argue that Davidsonian intentionalism is in many respects more satisfactory compared to them. Chapter three engages Gadamer s hermeneutics by defending E.D. Hirsch s criticism of Gadamer. Uncovering the shortcomings in the replies of Gadamer s followers to Hirsch s criticism serves as a basis for the defense of intentionalism in interpretation carried out in the chapter. That defense is then extended with a discussion of some recent hermeneutic readings of Davidson s views. Chapter four deals with the standing of intentionalism through Rorty s pragmatist approach to literature. By indicating the position of pragmatist notions of aesthetic experience and imagination in Davidsonian intentionalism, it is shown that an intentionalist approach need not be as impoverished with regard to the value Rorty attributes to literature as he assumes. The concluding chapter outlines some ways in which one can be a pluralist with regard to art and interpretation without falling into relativism.

Measurement and Interpretation of Salinity Tolerance in Four Perennial Grasses

Whilst the topic of soil salinity has received a substantive research effort over the years, the accurate measurement and interpretation of salinity tolerance data remain problematic. The tolerance of four perennial grass species (non-halophytes) to sodium chloride (NaCl) dominated salinity was determined in a free-flowing sand culture system. Although the salinity tolerance of non-halophytes is often represented by the threshold salinity model (bent-stick model), none of the species in the current study displayed any observable salinity threshold. Further, the observed yield decrease was not linear as suggested by the model. On re-examination of earlier datasets, we conclude that the threshold salinity model does not adequately describe the physiological processes limiting growth of non-halophytes in saline soils. Therefore, the use of the threshold salinity model is not recommended for non-halophytes, but rather, a model which more accurately reflects the physiological response observed in these saline soils, such as an exponential regression curve.

Reproduction of cover illustration of the book "Kinder-Turnen in Haus" by Fritz Strube. Sports

The drawing is modeled after Elizabeth Gottschalk (later Krakauer)

Cover of the book "Reise durch die Provence 1928" that celebrates the trip through Provence taken by Ellen Catzenstein, Mara Matthiesen and Gerda Rotermund.

Digital Image

Turf for tough times - keeping grass cover with less water, Proceedings of a seminar held at Redlands Research Station, Cleveland, Queensland, 6 June 2007.

Suitable for gaining some insights into important questions about the management of turf in dry times. Improve your product quality and avoid unnecessary losses. Can varieties help? How important are soils in conserving moisture and how do I measure my soil's condition? How can I make the best use of available water? Can water retaining amendments assist in establishing turf? Is recycled water a good option? Contains research results from turfgrass trials conducted by Queensland Government scientists for Queensland conditions.

Ground Cover Monitoring in the Fitzroy Basin

Ground Cover Monitoring in the Fitzroy Basin.