Statutory injunction - call for amendment to s 1324 of the Corporations Act

It is well documented that s 1324 is a useful tool for restraining a person from engaging in conduct that contravenes the Corporations Act 2001 (Cth). Without examining the provision, one tends to agree with that statement. In practice, however, the provision does not often provide the outcome that is expected. The author argues that the lack of use of s 1324 is due to the uncertainty and ambiguity in the application of the provision. Unlike with ASIC, the test that a person must satisfy when applying for an injunction is not clear cut. Whether damages could be claimed under s 1324 in place of an injunction is also unclear. The article sets out to argue that some integration with the equitable principles is vital for the survival of s 1324, as injunctions are traditionally a remedy conferred in equity and the Parliament has adopted the concept.

Dialysis-dependency: the reformulated or remnant person

Being dependent on dialysis is a potentially overwhelming experience where life as previously known is permanently altered. A dialysis-dependent individual may reformulate their identify or perceive that they are a remnant if their former self. This paper will explore and expand Morse and Penrod's (1999) model as a useful way to understand how a person might reconstruct their identify. Grounded in a narrative methodology, interviews if those on haemodialysis and peritoneal dialysis were thematically analysed. It was found that dialysis dependency brings an acknowledgment if a lost past, an inescapable present and an unknowable future, filtered through hope and despair. Nurses need to understand the suffering, wrought by such a struggle,to facilitate the positive re-envisioning if those who are dialysis dependent.

Hegemony of printed books in Australian tertiary education a concept under challenge

This paper is about challenges to the hegemony of printed books in Australian tertiary education and the potential demise of that hegemony. Not because the book in its traditional form is considered by some to be outdated and not because ofcompeting products that might put the use of the traditional book under threat - our Australian 'book-industry' might well rise to such challenges given that competitiveness is a driving feature of business. This paper is about challenges to the hegemony of printed books in tertiary education because of forces entirely outside the 'book-industry's' control.

The function of traditional printed books within tertiary education is changing. Education is a user-pays product, and competitive pressures ensure students are given greater voice in the types of learning resources provided, with the evolution of electronic and communication technologies allowing student learning resources to be made available in a myriad of ways. Thus a traditional printed book may be an inflexible tool in a dynamic environment.

Intra-organisational attitudes to marketing and the Implementation of the marketing concept in nonprofit organisations

This paper explores the market orientation and marketing culture of all staff within a nonprofit organisation to ascertain the extent to which members of the organisation support or create barriers to the implementation of the marketing concept. Of particular interest in this research is the role of nonprofit organisations, which are often thought of as having a production, rather than marketing focus. Consequently, there may be cultural and behavioural conflicts between, for example, marketing personnel and production personnel. This paper provides a brief overview of the existing literature in the field of market orientation and marketing culture. After detailing the general research design, a summary of the results of 11 initial focus groups, consisting of all staff in one nonprofit organisation, is presented. The findings indicate that while all areas within this organisation are committed to marketing, there are various interpretations of marketing and how it should be implemented.

Self-concept and motivation as predictors of actual consumer behaviour

The need to predict consumer behaviour outcomes is considered to be a very important issue for marketers. Isolated individual psychological constructs such as attitudes, motives, personality traits and learning styles have been used to identify their predictive capacity for actual consumer behaviour with varying degrees of success. This paper attempts to test
empirically the predictive power of two constructs, motivation and self-concept, regarding business consumer’s actions in a service context, using an Australian representative sample.