Real estate agents, brochure and misleading or deceptive conduct

The decision of the High Court in Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60 involves issues that affect every person who is induced to buy real estate in Australia by statements in sales brochures distributed by real estate agents. One of these issues is the extent to which estate agents unwittingly engage in misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) (‘the Act’) when they distribute sales brochures that contain untrue or misleading statements prepared by others. A further issue is the extent to which agents can escape liability by relying on disclaimers about the authenticity of false statements contained in brochures prepared by them.

Drug diffusion from polymeric delivery devices : a problem with two moving boundaries

An existing model for solvent penetration and drug release from a spherically-shaped polymeric drug delivery device is revisited. The model has two moving boundaries, one that describes the interface between the glassy and rubbery states of polymer, and another that defines the interface between the polymer ball and the pool of solvent. The model is extended so that the nonlinear diffusion coefficient of drug explicitly depends on the concentration of solvent, and the resulting equations are solved numerically using a front-fixing transformation together with a finite difference spatial discretisation and the method of lines. We present evidence that our scheme is much more accurate than a previous scheme. Asymptotic results in the small-time limit are presented, which show how the use of a kinetic law as a boundary condition on the innermost moving boundary dictates qualitative behaviour, the scalings being very different to the similar moving boundary problem that arises from modelling the melting of an ice ball. The implication is that the model considered here exhibits what is referred to as ``non-Fickian'' or Case II diffusion which, together with the initially constant rate of drug release, has certain appeal from a pharmaceutical perspective.

Re-imagining static Utopias : unraveling the bat/human problem

The making of the modern world has long been fuelled by utopian images that are blind to ecological reality. Botanical gardens are but one example – who typically portray themselves as miniature, isolated 'edens on earth'. Whilst respected, heritage-laden institutions such as the Royal Botanical Gardens in Sydney, Australia promote such an idealised image they are now self-evidently also the vital ‘lungs’ of a crowded city as well as a critical habitats for threatened biodiversity (in this case notably flying foxes). In 2010 the 'Remnant Emergency Artlab' set out to alleviate this utopian hangover through a creative provocation called the 'Botanical Gardens ‘X-Tension’ - an imagined city-wide, distributed, network of 'ecological gardens' - in order to ask, what now needs to be better understood, connected and therefore ultimately conserved?

Heidegger's hippies : a dissenting voice on "the problem of the subject"

This is a deliberately contentious paper about the future of the socio-political sphere in the West based on what we know about its past. I argue that the predominant public discourse in Western countries is best characterised as one of selective forgetfulness; a semi-blissful, amnesiacal state of collective dementia that manifests itself in symbolic idealism: informationalism. Informationalism is merely the latest form of idealism. It is a lot like religion insofar as it causally relates abstract concepts with reality and, consequently, becomes confused between the two. Historically, this has proven to be a dangerous state of affairs, especially when elites becomes confused between ideas about how a society should work, and the way it actually does work. Central to the idealism of the information age, at least in intellectual spheres, is the so called "problem of the subject". I argue that the "problem of the subject" is a largely synthetic, destabilising, and ultimately fruitless theoretical abstraction which turns on a synthetically derived, generalised intradiscursive space; existentialist nihilism; and the theoretical baubles of ontological metaphysics. These philosophical aberrations are, in turn, historically concomitant with especially destructive political and social configurations. This paper sketches a theoretical framework for identity formation which rejects the problem of the subject, and proposes potential resources, sources, and strategies with which to engage the idealism that underpins this obfuscating problematic in an age of turbulent social uncertainty. Quite simply, I turn to history as the source of human identity. While informationalism, like religion, is mostly focused on utopian futures, I assert that history, not the future, holds the solutions for substantive problematics concerning individual and social identities. I argue here that history, language, thought, and identity are indissolubly entangled and so should be understood as such: they are the fundamental parts of 'identities in action'. From this perspective, the ‘problem of the subject’ becomes less a substantive intellectual problematic and more a theoretical red herring.

A proactive response to the mobbing problem : a guide for HR managers

This paper introduces the concept of workplace mobbing as a destructive organizational behaviour of psychological assaults perpetrated against the target causing them harm and loss of employment. The discussion is drawn from a three year Australian study of 212 self identified targets of workplace mobbing behaviours. The behaviours are typically covert with informal networks and friendship loyalties providing effective mechanisms for emotional abuse, including those arising from human resource management practices. This paper discusses the manipulation of informal sources of power, with the use of gossip, rumour, hearsay, and innuendo to discredit and demonise those targeted. The study explores some of the systemic reasons for these behaviours and identifies some of the contributing risk factors and suggests management practices that can minimise the harm caused.

Helping someone with problem drinking: Mental health first aid guidelines - a Delphi expert consensus study

Background Alcohol is a leading risk factor for avoidable disease burden. Research suggests that a drinker's social network can play an integral role in addressing hazardous (i.e., high-risk) or problem drinking. Often however, social networks do not have adequate mental health literacy (i.e., knowledge about mental health problems, like problem drinking, or how to treat them). This is a concern as the response that a drinker receives from their social network can have a substantial impact on their willingness to seek help. This paper describes the development of mental health first aid guidelines that inform community members on how to help someone who may have, or may be developing, a drinking problem (i.e., alcohol abuse or dependence). Methods A systematic review of the research and lay literature was conducted to develop a 285-item survey containing strategies on how to help someone who may have, or may be developing, a drinking problem. Two panels of experts (consumers/carers and clinicians) individually rated survey items, using a Delphi process. Surveys were completed online or via postal mail. Participants were 99 consumers, carers and clinicians with experience or expertise in problem drinking from Australia, Canada, Ireland, New Zealand, the United Kingdom, and the United States. Items that reached consensus on importance were retained and written into guidelines. Results The overall response rate across all three rounds was 68.7% (67.6% consumers/carers, 69.2% clinicians), with 184 first aid strategies rated as essential or important by ≥80% of panel members. The endorsed guidelines provide guidance on how to: recognize problem drinking; approach someone if there is concern about their drinking; support the person to change their drinking; respond if they are unwilling to change their drinking; facilitate professional help seeking and respond if professional help is refused; and manage an alcohol-related medical emergency. Conclusion The guidelines provide a consensus-based resource for community members seeking to help someone with a drinking problem. Improving community awareness and understanding of how to identify and support someone with a drinking problem may lead to earlier recognition of problem drinking and greater facilitation of professional help seeking.

Optimal allocation strategies for the dark pool problem

We study the problem of allocating stocks to dark pools. We propose and analyze an optimal approach for allocations, if continuous-valued allocations are allowed. We also propose a modification for the case when only integer-valued allocations are possible. We extend the previous work on this problem to adversarial scenarios, while also improving on their results in the iid setup. The resulting algorithms are efficient, and perform well in simulations under stochastic and adversarial inputs.

Stochastic regularization method for backward Cauchy problem in Banach spaces

We consider a stochastic regularization method for solving the backward Cauchy problem in Banach spaces. An order of convergence is obtained on sourcewise representative elements.

The undirected feedback vertex set problem has a Poly(k) Kernel

Resolving a noted open problem, we show that the Undirected Feedback Vertex Set problem, parameterized by the size of the solution set of vertices, is in the parameterized complexity class Poly(k), that is, polynomial-time pre-processing is sufficient to reduce an initial problem instance (G, k) to a decision-equivalent simplified instance (G', k') where k' � k, and the number of vertices of G' is bounded by a polynomial function of k. Our main result shows an O(k11) kernelization bound.