The defence of hardship to specific performance actions

The decision of Evans v Robcorp Pty Ltd[2014] QSC 26 is of interest as being an instance where the defence of hardship, in this case, financial hardship, was successfully pleaded in defence to a summary application for specific performance of a contract for the sale of land. Equity has always recognised the defence of hardship in response to an action for specific performance which, as an equitable remedy, might be refused in the discretion of the Court (Hewett v Court (1983) 149 CLR 639 at 664). However, whilst the remedy is discretionary, there are certain accepted principles which have guided the courts in their application of this defence to particular facts. It is not a blanket defence to a claim for specific performance where the buyer simply does not have the funds to complete the contract at the time when settlement is called for. Occasionally, a radical change in, say for instance, the health of the defendant between contract and completion, perhaps coupled with a long delay by a seller in calling for completion not being the fault of the buyer might enliven the defence (Patel v Ali [1984]1 Ch 283)

Modelling and performance of an active heave compensator for offshore operations

The development of offshore oil and gas fields require the placement of different equipment on the sea floor. This is done by deploying the equipment from vessels operating in dynamic positioning on the surface. The deployment operation has different phases, and in higher sea states, it may require wave-load synchronization, when the load is going through the splash zone, and heave compensation when the load is close to the sea floor. In this paper, we analyse the performance of a particular type of hardware operating in a heave compensation mode. We derive a comprehensive model, analyse limits of performance and evaluate a control strategy.

Espera

This text relates to Ar, Terra, Água, Luz, Aço, Tempo, an art work by Fernanda Fragateiro. It speculates on time and the space of Casa da Cerca garden as time-specific installation

New Dawn (Parts I & II)

New Dawn is a cross-media visual art project that comprises a multi–channel video work (Boxcopy ARI, Brisbane) and a series of sculptural works (MetroArts, Brisbane) both of which conflate the online spectacle of real events with virtual gaming. The purpose of this project is to question this new phenomenon and what are the political, social and economic repercussions for these new technological developments on our bodies and subjectivities. By doing this my work asks us to reflect on how we function as a society in response to these new spaces of interaction, how we might respond to the political dimensions of these expanded sites of inhabitation, and how they might also represent a more troubling scenario for the possibility of dissent or opposition in our media saturated culture. The work was shown at multiple venues simultaneously. One of the components of the work won the 2013 Sunshine Coast Art Prize for sculpture.

Processes of transformation : art into pop and back again

This research project was a case study for managing and innovating an interdisciplinary practice: specifically across music, performance and contemporary art. Key works included painting/sound/video installation, experimental performance, electronic pop music, music video and electronic pop music performance. An idiosyncratic and transformative use of colour emerged as an underlying theme and strategy for cohesion. The project offers strategies for the challenges of interdisciplinary practice specifically addressing the limitations related to institutionalised value systems, aesthetic traditions and disciplinary languages.

A Memetic Algorithm for the location-based continuously operating reference stations placement problem in Network Real-Time Kinematic

Network Real-Time Kinematic (NRTK) is a technology that can provide centimeter-level accuracy positioning services in real time, and it is enabled by a network of Continuously Operating Reference Stations (CORS). The location-oriented CORS placement problem is an important problem in the design of a NRTK as it will directly affect not only the installation and operational cost of the NRTK, but also the quality of positioning services provided by the NRTK. This paper presents a Memetic Algorithm (MA) for the location-oriented CORS placement problem, which hybridizes the powerful explorative search capacity of a genetic algorithm and the efficient and effective exploitative search capacity of a local optimization. Experimental results have shown that the MA has better performance than existing approaches. In this paper we also conduct an empirical study about the scalability of the MA, effectiveness of the hybridization technique and selection of crossover operator in the MA.

The impact of Cool Roof applications on energy performance : results from Australian sub-tropical and tropical field studies

Cool roof coatings are identified by their solar reflectance index. They have been reported to have multiple benefits, the extent of which are strongly dependent on the peculiarities of the local climate, building stock and electricity network. This paper presents measured and simulated data from residential, educational and commercial buildings involved in recent field trials in Australia. The purpose of the field trials was to evaluate the impact of such coatings on electricity demand and load and to assess their potential application to improve comfort whilst avoiding the need for air conditioners. Measured reductions in temperature, power (kW) and energy (kWh) were used to develop a predictive model that correlates ambient temperature distribution profiles, building demand reduction profiles and electricity network peak demand times. Combined with simulated data, the study indicates the types of buildings that could be targeted in Demand Management programs for the mutual benefit of electricity networks and building occupants.

Functional magnetic resonance brain imaging of executive cognitive performance in young first-episode schizophrenia patients and age-matched long-term cannabis users

Converging evidence from epidemiological, clinical and neuropsychological research suggests a link between cannabis use and increased risk of psychosis. Long-term cannabis use has also been related to deficit-like “negative” symptoms and cognitive impairment that resemble some of the clinical and cognitive features of schizophrenia. The current functional brain imaging study investigated the impact of a history of heavy cannabis use on impaired executive function in first-episode schizophrenia patients. Whilst performing the Tower of London task in a magnetic resonance imaging scanner, event-related blood oxygenation level-dependent (BOLD) brain activation was compared between four age and gender-matched groups: 12 first-episode schizophrenia patients; 17 long-term cannabis users; seven cannabis using first-episode schizophrenia patients; and 17 healthy control subjects. BOLD activation was assessed as a function of increasing task difficulty within and between groups as well as the main effects of cannabis use and the diagnosis of schizophrenia. Cannabis users and non-drug using first-episode schizophrenia patients exhibited equivalently reduced dorsolateral prefrontal activation in response to task difficulty. A trend towards additional prefrontal and left superior parietal cortical activation deficits was observed in cannabis-using first-episode schizophrenia patients while a history of cannabis use accounted for increased activation in the visual cortex. Cannabis users and schizophrenia patients fail to adequately activate the dorsolateral prefrontal cortex, thus pointing to a common working memory impairment which is particularly evident in cannabis-using first-episode schizophrenia patients. A history of heavy cannabis use, on the other hand, accounted for increased primary visual processing, suggesting compensatory imagery processing of the task.

Edible materials in design fabrication

Current practice based research explores the organic properties of edible materials such as rice-paper to contemplate possible material usage from garment manufacture, landscape interventions and temporary architectural canopies/facades. Research outcomes have been published through The International Conference on Designing Food and Designing for Food, London 2012, and in Burke, Anthony + Reinmuth, Gerard (Eds.) (2012) 'Formations: New Practices in Australian Architecture.' Australian Pavilion 13th International Architecture Exhibition la biennale di Venezia.

Jugglers Arts Space Containers

The design and installation for the Jugglers Arts Space Containers was an invited commission by Jugglers Arts Space for the Containveral Festival at Northshore Hamilton (EDQ). The community festival involved a suite of custom designed and fitted shipping containers for the use by retailers and arts groups alike, focusing upon re-use and low cost design fabrication approaches. Containerval, inspired from shipping container projects such as Sean Goodsell's 'Future Shack' (1985-2001)and Buchan Group's Re:Start Mall, Christchurch (2011), celebrated design testing and exploration of found and recyclable materials to plan and enrich an otherwise severe hardstand area formally attached to Portside docks. The design proposed use of 4 containers, planned to focus on both the interior displays and external in-between spaces, for live performance of Jugglers Arts Space artists. Experimentation of recyclable materials such as onion bags and plastic milk bottles, informed the development of innovative low-cost canopies which sutured the containers together. The Containerval Festival contributed to the now highly successful 'Eat Street Markets' at Hamilton Northshore.

Figuras de Espaço na Arquitectura de um Vazio [Figures of space in the architecture of a void]

This text discusses the production of space as performance, space as the architecture of a void in relation to Fernanda Fragateiro's art work 'Caixa para Guardar o Vazio'

Automated power semiconductor switching performance feature extraction from experimental double-pulse waveform data

Double-pulse tests are commonly used as a method for assessing the switching performance of power semiconductor switches in a clamped inductive switching application. Data generated from these tests are typically in the form of sampled waveform data captured using an oscilloscope. In cases where it is of interest to explore a multi-dimensional parameter space and corresponding result space it is necessary to reduce the data into key performance metrics via feature extraction. This paper presents techniques for the extraction of switching performance metrics from sampled double-pulse waveform data. The reported techniques are applied to experimental data from characterisation of a cascode gate drive circuit applied to power MOSFETs.

Uneducated : play becomes artwork, artwork becomes play

Over the past twenty years the contemporary art world has seen a significant shift in the modes and structures of connection between work and its audiences. This shift is termed by Irit Rogoff, amongst others, as an ‘educational turn’. The turn has been described as the eruption of discussions and investigations, inside and outside of institutions, that interrupt the presumed power hierarchies and bureaucratised systems of both art and education. This essay was written to accompany artist/curator Kym Maxwell's exhibition project, 'Uneducated', exploring these ideas. It was held at the Counihan Gallery in Melbourne, 2014.

The stewardship performance of forms of privatised water infrastructure

In this research Agency Theory and Stewardship Theory are used to analyse the relative performance of different forms of privitisation of water infrastructure and in doing so enriches understanding of previously underdeveloped aspects of both theories. The prior Agency Theory literature had established assumptions about the behaviour of principals and agents in contracts and these were found not to be correct in the context of contracts between modern government and private organisations. Agency theory was extended to include steward-like behaviour of an agent and Stewardship Theory was developed by the identification of factors within the contractual relationship which promote the sense of responsibility to the principal. The alliance, joint venture and Build Own Operate Transfer (BOOT) forms of privatisation were found to achieve stewardship of the infrastructure.