Takeovers: Acceptance facilities revisited in the Patrick case

Takeovers undertaken in Australia are highly regulated transactions. Once shareholders in the target accept an offer they have a limited opportunity, if any at all, to reconsider or revoke their acceptance in the light of new circumstances. Arguably, this explains target shareholders reluctance to accept an offer made for their shares under a takeover. The problem of shareholder inertia in takeovers has been identified by bidders, who have sought to induce bid acceptance through the use of innovative mechanisms. The efficacy of the Acceptance Facility mechanism was recently revisited in the Panel decision in Patrick Corporation Ltd’s takeover by Toll Holdings Ltd.

Table 2. Lead and Ba concentrations and Pb isotopic compositions measured in Law Dome ice cores

Lead isotopic compositions and Pb and Ba concentrations have been measured in ice cores from Law Dome, East Antarctica, covering the past 6500 years. 'Natural' background concentrations of Pb (ab. 0.4 pg/g) and Ba (ab. 1.3 pg/g) are observed until 1884 AD, after which increased Pb concentrations and lowered 206Pb/207Pb ratios indicate the influence of anthropogenic Pb. The isotopic composition of 'natural' Pb varies within the range 206Pb/207Pb=1.20-1.25 and 208Pb/207Pb=2.46-2.50, with an average rock and soil dust Pb contribution of 8-12%. A major pollution event is observed at Law Dome between 1884 and 1908 AD, elevating the Pb concentration four-fold and changing 206Pb/207Pb ratios in the ice to ab. 1.12. Based on Pb isotopic systematics and Pb emission statistics, this is attributed to Pb mined at Broken Hill and smelted at Broken Hill and Port Pirie, Australia. Anthropogenic Pb inputs are at their greatest from 1900 to 1910 and from ab. 1960 to ab. 1980. During the 20th century, Ba concentrations are consistently higher than 'natural' levels and are attributed to increased dust production, suggesting the influence of climate change and/or changes in land coverage with vegetation.

Benchmarking mohair production in Australia

This report provides factual evidence on the financial and production performance of real mohair farms for the first time. This process engaged mohair farmers in detailed record keeping and measurements of their animals. The project involved farm business economists in comparative financial studies of mohair and wool enterprises. Exhaustive statistical analyses have been used to quantify the changes in key production attributes of mohair enterprises. This work is important as it will guide mohair producers and the industry to focus on key performance indicators of profit and production. The outcomes provide objective evidence that can be used to attract future investment into mohair enterprises.

Surveillance, criminal law and sovereighty

Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).

Book review: The High Commissioners: Australia's representatives in the United Kingdom, 1910-2010

The post of Australian High Commissioner in London has always been one of the most important and prestigious of Australia’s diplomatic posts. Indeed, as The High Commissioners demonstrates, for much of the one hundred years for which the post has existed it was an influential link between two parts of the British Empire, rather than a diplomatic mission in a foreign nation. It was for a long time a diplomatic post, but of a hybrid nature; an evolving child of empire. This handsomely produced book is a scholarly study of the position and of the many high commissioners. The chapters, which examine all the high commissioners and a range of related subjects, have been authored by many of Australia’s leading historians of empire and of foreign policy, with the most recent high commissioners covered by former government officials. While the book is designed as a celebration of the centenary of the Australian High Commission in London it is not a work of hagiography. Important analyses are presented of the strengths and weaknesses of many of the key high commissioners, such as George Reid, Andrew Fisher, S.M. Bruce, Alexander Downer senior and John Armstrong. Indeed, the book leaves the strong impression that some of the high commissioners, especially after the Second World War, were often well behind the Australian people in appreciating how the relationship between Australia and the United Kingdom was changing. The research and writing is of a uniformly high standard with each chapter providing many interesting insights into the history of Australian foreign policy.

The politics of productivity growth in Australia

A prominent feature of recent Australian economic discourse is the assertion that there was a ‘productivity surge’ during the 1990s, resulting from the neoliberal microeconomic reforms inaugurated in the early 1980s. However, the evidence for the productivity surge is routinely overstated, thus undermining the rationale for many past and future microeconomic reforms. There is also substantial evidence that productivity growth can have perverse socioeconomic and/or environmental consequences. Nonetheless, many policymakers, economists and commentators remain preoccupied with increasing productivity growth. This article examines the Australian productivity debate and concludes that this is driven more by neoliberal norms than socioeconomic necessity. These are manifest in a disciplinary discourse that constructs productivity growth as a national imperative, unencumbered by negative social and environmental externalities.

How should adjudicators deal with expert reports in Australia?

Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. This paper adopts a ‘black letter’ approach to distil the law concerning the way in which adjudicators should deal with expert reports, and reveals there are many pitfalls that an adjudicator should be aware of. Moving forward, this paper seeks to inform the PhD study of the lead author which eventually aims to formulate a roadmap with recommendations that may be applied to help optimise the various Australian adjudication schemes for the determination of large and/or complex payment claims.

The failures of neo-liberal state building in Iraq: assessing Australia's post-conflict reconstruction and development Initiatives

This article examines Australia's post-conflict reconstruction and development initiatives in Iraq following the intervention of 2003. Overall, it finds that Australia privileged the neo-liberal model of post-conflict state building by investing in projects that would enhance the capacity of the new Iraqi state, its key institutions and the private sector towards the imposition of a liberal democracy and a free-market economy. To demonstrate, this article documents the failures of the Australian government's stated aims to "support agriculture" and "support vulnerable populations" via interviews conducted in Iraq with rural farmers and tribal members and those working in, or the beneficiaries of, Iraq's disability sector. It concludes by noting that such failures are not only indicative of the inadequacy of the neo-liberal state building model, but also that these failures point the way forward for future post-conflict reconstruction and development projects which ought to be premised on a genuine and sustained commitment to addressing the needs of those made most vulnerable by war and regime change.

Gendering Security: violence and risk in Australia's night-time economies

Expanding the Gaze is a collection of important new empirical and theoretical works that demonstrate the significance of the gendered dynamics of surveillance.

Family violence in domestic homicides: a case study of women who killed intimate partners post-legislative reform in Victoria, Australia

This article examines the impact of legislative reforms enacted in 2005 in Victoria, Australia, on legal responses to women charged with murder for killing their intimate partner. The reforms provided for a broader understanding of the context of family violence to be considered in such cases, but we found little evidence of this in practice. This is partly attributable to persistent misconceptions among the legal profession about family violence and why women may believe it necessary to kill a partner. We recommend specialized training for legal professionals and increased use of family violence evidence to help ensure women's claims of self-defense receive appropriate responses from Victorian courts.

How should Australia respond to media- publicised developments on euthanasia in Belgium?

This article considers the implications that recent euthanasia developments in Belgium might have for the Australian debate on assisted dying. Through media database and internet searches, four significant developments in Belguim were identified: three cases involving individuals who requested access to euthanasia, and recent changes to the Belgian Act on Euthanasia 2002, allowing children access to euthanasia. The article outlines these developments and then examines how they have been discussed in Australia by the different sides of the euthanasia debate. It concludes that these developments are important considerations that legislators and policy-makers in Australia should engage with, but argues that that engagement must be rational and also informed by the significant evidence base that is now available on how the Belgian (and other) assisted dying regimes operate in practice.