Compensation for compulsory acquisition of a licensed car parking space

The Acquisition of Land Act 1967 (Qld) (‘the Act’) deals with the acquisition of land by the State for public purposes and provides for compensation. The issue that arose for determination in Sorrento Medical Service Pty Ltd v Chief Executive, Dept of Main Roads [2007] QCA 73 was whether the appellant was entitled to claim compensation under the Act in respect of land resumed by the Main Roads Department over which the appellant had an exclusive contractual licence for car parking spaces for use in association with a medical centre leased by the appellant. At first instance, it was held by the Land Court that the appellant was not entitled to compensation for the resumption of the car parking spaces. The basis for this decision by the Land Court was that a right to compensation only exists where resumption has taken some proprietary interest of the claimant in the land. Following an appeal to the Land Appeal Court being dismissed, the appellant instituted the present appeal to the Queensland Court of Appeal (McMurdo P, Holmes JA and Chesterman J).

Can compensation be claimed under the standard commercial land and building contract where the property sold has no legally enforceable vehicular access?

This was the question that confronted Wilson J in Jarema Pty Ltd v Michihiko Kato [2004] QSC 451. Facts The plaintiff was the buyer of a commercial property at Bundall. The property comprised a 6 storey office building with a basement car park with 54 car parking spaces. The property was sold for $5 million with the contract being the standard REIQ/QLS form for Commercial Land and Buildings (2nd ed GST reprint). The contract provided for a “due diligence” period. During this period, the buyer’s solicitors discovered that there was no direct access from a public road to the car park entrance. Access to the car park was over a lot of which the Gold Coast City Council was the registered owner under a nomination of trustees, the Council holding the property on trust for car parking and town planning purposes. Due to the absence of a registered easement over the Council’s land, the buyer’s solicitors sought a reduction in the purchase price. The seller would not agree to this. Finally the sale was completed with the buyer reserving its rights to seek compensation.

The impact of nonlinear exposure risk relationships on seasonal time series data: modelling danish neonatal birth anthropometric data

Background Birth weight and length have seasonal fluctuations. Previous analyses of birth weight by latitude effects identified seemingly contradictory results, showing both 6 and 12 monthly periodicities in weight. The aims of this paper are twofold: (a) to explore seasonal patterns in a large, Danish Medical Birth Register, and (b) to explore models based on seasonal exposures and a non-linear exposure-risk relationship. Methods Birth weight and birth lengths on over 1.5 million Danish singleton, live births were examined for seasonality. We modelled seasonal patterns based on linear, U- and J-shaped exposure-risk relationships. We then added an extra layer of complexity by modelling weighted population-based exposure patterns. Results The Danish data showed clear seasonal fluctuations for both birth weight and birth length. A bimodal model best fits the data, however the amplitude of the 6 and 12 month peaks changed over time. In the modelling exercises, U- and J-shaped exposure-risk relationships generate time series with both 6 and 12 month periodicities. Changing the weightings of the population exposure risks result in unexpected properties. A J-shaped exposure-risk relationship with a diminishing population exposure over time fitted the observed seasonal pattern in the Danish birth weight data. Conclusion In keeping with many other studies, Danish birth anthropometric data show complex and shifting seasonal patterns. We speculate that annual periodicities with non-linear exposure-risk models may underlie these findings. Understanding the nature of seasonal fluctuations can help generate candidate exposures.

Compensation of unmodeled aircraft dynamics in airborne inspection of linear infrastructure assets

Fixed-wing aircraft equipped with downward pointing cameras and/or LiDAR can be used for inspecting approximately piecewise linear assets such as oil-gas pipelines, roads and power-lines. Automatic control of such aircraft is important from a productivity and safety point of view (long periods of precision manual flight at low-altitude is not considered reasonable from a safety perspective). This paper investigates the effect of any unwanted coupling between guidance and autopilot loops (typically caused by unmodeled delays in the aircraft’s response), and the specific impact of any unwanted dynamics on the performance of aircraft undertaking inspection of piecewise linear corridor assets (such as powerlines). Simulation studies and experimental flight tests are used to demonstrate the benefits of a simple compensator in mitigating the unwanted lateral oscillatory behaviour (or coupling) that is caused by unmodeled time constants in the aircraft dynamics.

Aggregate distance based clustering using Fibonacci Series -FIBCLUS

This paper proposes an innovative instance similarity based evaluation metric that reduces the search map for clustering to be performed. An aggregate global score is calculated for each instance using the novel idea of Fibonacci series. The use of Fibonacci numbers is able to separate the instances effectively and, in hence, the intra-cluster similarity is increased and the inter-cluster similarity is decreased during clustering. The proposed FIBCLUS algorithm is able to handle datasets with numerical, categorical and a mix of both types of attributes. Results obtained with FIBCLUS are compared with the results of existing algorithms such as k-means, x-means expected maximization and hierarchical algorithms that are widely used to cluster numeric, categorical and mix data types. Empirical analysis shows that FIBCLUS is able to produce better clustering solutions in terms of entropy, purity and F-score in comparison to the above described existing algorithms.

QUT Design Lecture Series

The QUT Design Lecture Series 2010 was a partnered event between QUT School of Design and the State Library of Queensland. The series, spanning from July to September 2010, involved 10 lectures delivered by international, national and local academics, researchers and practitioners. The QUT Design Lecture series 2010 was a public event which examined the cross over between design, digital technologies and artistic practices focusing upon research themes of intangible media, experimental eco-technologies and artistic-design production. Gold Medal Australian Institute of Architects, Clare Design opened the series, whilst internationally awarded and recognised Spanish design group Cloud 9 concluded the series, both focusing on new eco-technologies in the development of contemporary architecture.

Trends in policies, programs and practices in the Australasian First Year Experience literature 2000-2010. The First Year in Higher Education Research Series on Evidence-based Practice. Number 1

This publication is the first in a series of scholarly reports on research-based practice related to the First Year Experience in Higher Education. This report synthesises evidence about practice-based initiatives and pragmatic approaches in Aotearoa (New Zealand) and Australia that aim to enhance the experience of commencing students in the higher education sector. Trends in policies, programs and practices ... examines the first year experience literature from 2000-2010. It acknowledges the uniqueness of the Australasian socio-political context and its influence on the interests and output of researchers. The review surveyed almost 400 empirical reports and conceptual discussions produced over the decade that dealt with the stakeholders, institutions and the higher education sector in Australasia. The literature is examined through two theoretical constructs or “lenses”: first, a set of first year curriculum design principles and second, the generational approach to describing the maturation of initiatives. These outcomes and suggested directions for further research provide the challenges and the opportunities for FYE adherents, both scholars and practitioners, to grapple with in the next decade.

ArtConnexions series

The exhibition consists of a series of 9 large-scale cotton rag prints, printed from digital files, and a sound and picture animation on DVD composed of drawings, sound, analogue and digital photographs, and Super 8 footage. The exhibition represents the artist’s experience of Singapore during her residency. Source imagery was gathered from photographs taken at the Bukit Brown abandoned Chinese Cemetery in Singapore, and Australian native gardens in Parkville Melbourne. Historical sources include re-photographed Singapore 19th and early 20th century postcard images. The works use analogue, hand-drawn and digital imaging, still and animated, to explore the digital interface’s ability to combine mixed media. This practice stems from the digital imaging practice of layering, using various media editing software. The work is innovative in that it stretches the idea of the layer composition in a single image by setting each layer into motion using animation techniques. This creates a multitude of permutations and combinations as the two layers move in different rhythmic patterns. The work also represents an innovative collaboration between the photographic practitioner and a sound composer, Duncan King-Smith, who designed sound for the animation based on concepts of trance, repetition and abstraction. As part of the Art ConneXions program, the work travelled to numerous international venues including: Space 217 Singapore, RMIT Gallery Melbourne, National Museum Jakarta, Vietnam Fine Arts Museum Hanoi, and ifa (Institut fur Auslandsbeziehungen) Gallery in both Stuttgart and Berlin.

Athletes series

The researcher was invited to photograph athletes in the lead-up to the 2006 Commonwealth Games held in Melbourne. She photographed four indigenous athletes, to produce a series of four large-scale cotton rag prints, 1 meter x 1 meter, printed onto photorag paper from digital files. “My photographic practice can be described as both political and spiritual, in the sense that as an Aboriginal Indigenous artist I take stock of the rationalising effect of the technologies I use, and create work that evokes nature and spirit. My methods often involve re-photographing or digitally re-working landscape photographs and adding historical or cultural icons of significance. Working with Indigenous athletes has been an honour and a pleasure. I admire the athletes’ passion and dedication to their chosen sport, and above all their humility, which seems a trait somewhat in contrast to what it takes to attain the highest levels of achievement. Indigenous athletes are wonderful role models for all Australians, and in making creative work that places their luminary presence with the land, I am aligning sportspeople with a deep sense of nature and spirit.” – Leah King-Smith. These works were commissioned by the National Portrait Gallery for the exhibition FLASH: Australian Athletes in Focus. The exhibition was a significant element in Melbourne2006 Festival, the cultural festival of the Commonwealth Games. The exhibition was prominently reviewed in Portrait: Magazine of Australian and International Portraiture and was subsequently remounted at Old Parliament House, Canberra (15 July to 12 November, 2006). One image was used for the front cover of Art Monthly, (March 2006).