Re Alex: adolescent gender identity disorder and the family court of Australia

'People with gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex' . The manifestation of the disorder in children and adolescents is dominated by secrecy, confusion and shame. The purpose of this article is to promote discussion amongst the legal fraternity of the difficult issues confronting the Family Court of Australia when asked to make decisions with life-altering ramifications for the young and vulnerable.

Travelling drum with different beats: experiencing African music and culture in Australian teacher education

This article reports on a study that examined the effectiveness of introducing African music and culture to Australian non-specialist primary teacher education students at Deakin University in Melbourne (Australia). The study demonstrates that African music enhanced the generic musical experiences, learning, motivation, interest, confidence and competence of students in their fourth year of teacher education. The research also addressed the significance and contribution of African music and culture as a cross-cultural experience for these beginning teachers who in turn could provide similar experiences for their own students. This study highlighted the author's role and cultural identity as a South African music educator in transmitting the music and culture represented in 'the travelling drum' to a cohort of students with a predominantly Eurocentric orientation. By extension, this curriculum initiative broadened students' understanding and application of indigenous methods of teaching and learning as part of a global experience. Such a curriculum represents a pathway to many other forms of non-Western indigenous knowledge of music, culture and pedagogy that can be mapped out as a journey along a multicultural route towards 'internationalising the curriculum'.

Section 46 of the Trade Practices Act-has the High Court made a "u-turn" on "taking advantage"?

Examination of High Court decisions on misuse of market power in regard to the element of "taking advantage" reveals inconsistency of application. Whilst being consistent regarding the need for a connection between the market power and the impugned conduct, the High Court has not been consistent regarding the degree of connection required. Two streams have developed, one supporting a high degree of connection, the other a lower degree before a firm is found to have "taken advantage" of its market power. Added to this has been the development of the "rational business explanation" which, it is argued, is either used as a defence to a s 46 action or is premised on the higher threshold of connection. Initially the high Court supported the lower threshold. In later decisions, whilst expressing support for the earlier decisions, in application the High Court favoured the higher threshold and at one point the rational business explanation. This trend appears to have been reversed with the most recent High Court decision which indicates substantive support for the earlier s 46 decisions.

Improving the reliability of child witness testimony in court : the importance of focusing on questioning techniques

Considerable discussion during recent years has focused on ways to increase the reliability of child witness evidence, and reduce the negative impact of the courtroom environment on children's credibility and their psychological well-being. A large proportion of this discussion has focused on removing child witnesses from the courtroom and developing alternative arrangements by which children can give evidence (e.g., videotaped statements used as evidence-in-chief, closed-circuit television). There is no doubt that these arrangements have played a major role in reducing children's feelings of uncertainty and intimidation, and they have increased the ability of children 10 tell their stories and answer questions reliably (Cashmore 2002; Eastwood & Patton 2002). However, there are many
other factors. apart from the physical environment in which a child's evidence is elicited, that impact on the quality and accuracy of a child witness's evidence.

This contemporary comment focuses on one of the most important factors that impacts on the quality and accuracy of a child's evidence; the questioning techniques. It offers four recommendations for improving the reliability of child witness evidence in court. along with justifications for these recommendations and suggestions for bow these recommendations might be implemented. Each suggestion focuses on the impact of questioning techniques, from pre-trial questioning to questioning during the trial. It does not focus on the rules of evidence regarding child statements or the physical environment in which children's evidence is elicited.

Children's participation in music : connecting the cultural contexts - an Australian perspective

The cultural contexts of home, school and community all have important parts to play in the music education of children, but at present in Australia, these three entities are insufficiently connected on a number of fronts, not the least being an understanding about the purpose(s) of young people's engagement with music. This paper puts forward two specific proposals for action aimed to help build linkages among the three cultural contexts and ensure young people's on-going engagement with music. These proposals, which call on the education sector to assume leadership for action, have implications for policy makers, school personnel, as well as parents, individual artists and community arts organisations.

Music, language and emotion

This paper attempts to demonstrate the link between art and pain, or more specifically between music, forms of poetic language and emotion – a link that for me is often emphasised in times of grief and sadness.

The high court and the utility of multiple judgments

Recently, the High Court has been criticised for its supposed increasing tendency to deliver multiple majority judgments. Ostensibly this impairs the capacity for the Court to clarify and unify the law, thereby making it more difficult for citizens to plan and coordinate their affairs. This criticism of the High Court is unsound. First, there is no evidence to suggest that the High Court is now more fragmented than it has been during other periods of its history. Secondly, the precise reasoning process (and the underlying jurisprudence reflected by this) is a cardinal aspect of the development of precedent and legal principle. Convergence in conclusion only is of little utility and does not promote certainty and clarity in the law. One cannot make an informed assessment of the impact and breadth of a decision without an understanding of the (actual) premise underpinning the decision. It is for this reason that legislation is such a poor vehicle for declaring the law and why in recent decades there has been an increasing degree of reliance on extraneous material to assist in the interpretation of legislation. Conclusion without (genuine) reasons is not highly instructive. Coerced agreement, no matter how subtle, is undesirable. The High Court should resist calls to deliver more single majority judgments.

A lawyer's lawyer joins the high court of Australia

In November 2005, Susan Crennan was sworn in as the 45th justice of the High Court of Australia. This follows a brief two year period as a justice of the Federal Court of Australia. In this article, the author recounts the debate leading up to the latest appointment regarding what type of justice should be appointed to the Court, and reviews Crennan's Federal Court judgments in an attempt to provide some insight on the type of High Court justice Crennan will be. What is for certain is that Crennan is enchantingly mysterious.

Enhancing students' experience in music composition through music notation software

A project was undertaken in a Hong Kong primary school to investigate the role of music notation software in leaching music composition. The project was divided into three stages. During the first stage, appropriate hardware equipment and software applications were installed in the school music room, and four teaching plans were developed on the models and strategies derived from findings in the local and international literature. During the second stage, these teaching plans were implemented in Grade One, Grade Three, Grade Five and Grade Six classes of the school. During the third stage, the effectiveness of these teaching activities was evaluated by comparing the experiences from the second stage to the corresponding findings from similar projects undertaken in other Hong Kong primary schools, as well as to findings from the international literature. The results demonstrated that tile visual and audio stimulation created by computer"based technology can motivate students to successfully engage in music composition. Moreover, computer"based technology provides an opportunity for students to compose music in an atonal idiom. However, a large number of students were unable to demonstrate the concept of structural design in their musical products, and one of the findings from this investigation was that teachers need to be more purposeful in their teaching by directing students to employ the technique of repetition of interesting musical fragments or phrases in order to achieve a sense of unity in their pieces.