Practice and Procedure - Uniform Civil Procedure Rules 1999 r 212(2) - whether draft expert reports must be disclosed

In Mitchell Contractors Pty Ltd v Townsville-Thuringowa Water Supply Joint Board [2004] QSC 329, Douglas J considered the issue of broad significance for litigation practitioners of whether draft expert reports fall within the description in r212(2) of the Uniform Civil Procedure Rules 1999 (Qld) of documents "consisting of a statement or report of an expert" and are therefore not privileged from disclosure.

Right to trial by jury - construction of Uniform Civil Procedure r474

In Smit v Chan [2001] QSC 493 (Supreme Court of Queensland, S1233 of 1995, Mullins J, 21.12.2001) the sixth defendant successfully obtained an order that a complex medical negligence action be tried without a jury. This was the first application to be decided under r474 of UCPR 1999, and the decision is a significant precedent for defendants in similar cases who want to avoid the unpredictability of outcome and the inflated damages awards sometimes associated with jury trials.

Gratuitous services - Civil Liability Act 2003 s59

The article considers the decision of the Queensland Court of Appeal in Kritz v King [2006] QCA 351, which examined for the first time s59 of the Civil Liability Act 2003 (Qld) in relation to claims for damages for gratuitous services.

Social turkey

Social Turkey is a short digital dance video developed over a series of weekly meetings with a group of sprightly and defiant sixty-plus year olds resident in Limerick. Very early in the process artist Ciara Finnegan and choreographer Jenny Roche found each individual expressing a wonderful enthusiasm for dance, an eagerness to perform and a healthy refusal to conform to stereotypes of aging. Finnegan was keen that this project should support an exchange of ideas rather than employ a top-down directorial structure. While Roche devised the fundamentals of the dance and Finnegan manned the camera, each participant contributed thereafter - improvising on a step sequence and collaborating on patterns that ultimately determined much of the look of the result. The work seeks to amplify the represented interests of a wider community while celebrating the vivacity of the particular group and the sheer fun of the collaboration.

Dubaization of Istanbul : insights from the knowledge-based urban development journey of an emerging local economy

Knowledge-based urban development (KBUD) has become a popular pursuit for cities especially from the developing countries to fast track the catching up process with their developed nation counterparts. Nevertheless, the KBUD progress for these cities is highly daunting and full of confronts. This paper aims to shed light on the major KBUD challenges of emerging local economies by undertaking an in-depth empirical investigation in one of these cities. The paper scrutinizes the prospects and constraints of Istanbul in her KBUD journey through comparative performance and policy context analyses. The findings reveal invaluable insights not only for Istanbul to reshape the policy context and better align the development with contemporary KBUD perspectives, but also for other emerging local economies to learn from these experiences.

Project-based civil engineering courses

Problem solving is an essential element of civil engineering education. It has been observed that students are best able to understand civil engineering theory when there is a practical application of it. Teaching theory alone has led to lower levels of comprehension and motivation and a correspondingly higher rate of failure and “drop-out”. This paper analyses the effectiveness of introducing practical design projects at an early stage within a civil engineering undergraduate program at Queensland University of Technology. In two of the essential basic subjects, Engineering Mechanics and Steel Structures, model projects which simulate realistic engineering exercises were introduced. Students were required to work in small groups to analyse, design and build the lightest / most efficient model bridges made of specific materials such as spaghetti, drinking straw, paddle pop sticks and balsa wood and steel columns for a given design loading/target capacity. The paper traces the success of the teaching strategy at each stage from its introduction through to the final student and staff evaluation.

Developer charges and housing affordabilty in Brisbane, Australia

Purpose - This paper empirically examines the effect of developer charges on housing affordability in Brisbane, Australia. Developer paid fees or charges are a commonly used mechanism for local governments to pay for new urban infrastructure. Despite numerous government reports and many years of industry advocacy, there remains no empirical evidence in Australia to confirm or quantify passing on of these charges to home buyers. Design/methodology/approach - This research applies a hedonic house price model to 4,699 new and 25,053 existing house sales in Brisbane from 2005 to 2011. Findings – The findings of is research are consistent with international studies that support the proposition that developer charges are over passed. This study has provided evidence that suggest developer charges are over passed to both new and existing homes in the order of around 400%. Research limitations/implications - These findings suggest that developer charges are thus a significant contributor to increasing house prices and reduced housing affordability. Practical/Social Implications: By testing this effect on both new and existing homes, this research provides evidence in support of the proposition that not only are developer charges over passed to new home buyers but also to buyers of existing homes. Thus the price inflationary effect of these developer charges are being felt by all home buyers across the community, resulting in increased mortgage repayments of close to $1000 per month. Originality/value - This is the first study to empirically examine the impact of developer charges on house prices in Australia. These results are important as they will inform governments on the outcomes of growth management strategies on housing affordability, providing the first evidence of its kind in Australia.

Governing civil society: How literacy, education and security were brought together

This study questions how the categories of security, education and literacy were brought together as related elements of a whole-of-government strategy in the production of civil society. Drawing on an analysis of key political texts, the study argues that the categories of education and literacy have been used in diverse ways in the production of national, social, economic and geopolitical security interests. As dialogue about security has intensified, rationalisations about the national interest have engaged notions of security leading to the legitimation of a diverse set of policy instruments, strategically used to contain the rise of complex social forces and protect homogenous cultural values.

Cumulative effects on the change of residual value in PPP projects: A comparative case study

Public private partnerships (PPPs) have been adopted widely to provide public facilities and services. According to the PPP agreement, PPP projects would be transferred to the public sector. However, problems related to the subsequent management of ongoing PPP projects have not been studied thoroughly. Residual value risk (RVR) can occur if the public sector cannot obtain the project in the desired conditions as required in the agreement when a project is being transferred. RVR has been identified as an important risk in PPPs and has greatly influenced the outputs of the projects. In order to further observe the change of residual value (RV) during the process of PPP projects and to reveal the internal mechanism for reducing the RVR, a comparative case study of two PPP projects in mainland China and Hong Kong was conducted. Based on the case study, different factors leading to RVR and a series of key risk indicators (KRIs) were identified. The comparison demonstrates that RVR is an important risk that could influence the success of PPP projects. The cumulative effects during the concession period can play significant roles in the occurrence of RVR. Additionally, the cumulative effects in different cases can make the RVR different because of different stakeholders’ efforts on the projects and ways to treat RVR. Finally, alternatives for the public sector to treat RVR were proposed. The findings of this research can reduce RVR and improve the performance of PPP projects.

Medical negligence, causation and 'exceptional cases' under the civil liability legislation

Under the civil liability legislation enacted in most Australian jurisdictions, factual causation will be established if, on the balance of probabilities, the claimant can prove that the defendant's negligence was 'a necessary condition of the occurrence of the [claimant's] harm'. Causation will then be satisfied by showing that the harm would not have occurred 'but for' the defendant's breach of their duty of care. However, in an exceptional or appropriate case, sub-section 2 of the legislation provides that if the 'but for' test is not met, factual causation may instead be determined in accordance with other 'established principles'. In such a case, 'the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed' on the negligent party.

Civil service HRM reforms in a new democracy: The case of Bhutan

This research investigates Bhutan Civil Service Human Resource Management strategies, policies and practices, and their contribution to achieving the national goal of Gross National Happiness. The study finds that the HRM of the Bhutanese civil service is meeting its strategic objective of contributing to GNH. The civil service in Bhutan plays an important role in socio-economic development, influences private sector practices, strengthens good governance and provides continuity to the government. Participants in the study were government ministers and senior, highly experienced civil servants. A model of civil service HRM in Bhutan is developed.

Submission on NSW Attorney-General's Discussion Paper on Amendment of Limitation of Actions Act 1969 to remove time limit for civil claims for child abuse

The New South Wales Attorney-General and Justice Policy Division released a Discussion Paper about reform of the Limitation of Actions Act 1969. The key question was whether and how to amend the statute to better provide access to justice for civil claimants in child abuse cases. This submission draws on published literature and multidisciplinary research to support the Discussion Paper's Option A, namely, to abolish the time limit for civil claims for injuries in criminal child abuse cases, and for this to be made retrospective.