Civil applications in the Magistrates Court are often set down for hearing by a judicial registrar, but there is now some uncertainty on the limitation of this practice

The decision of the District Court of Queensland in Mark Treherne & Associates -v- Murray David Hopkins [2010] QDC 36 will have particular relevance for early career lawyers. This decision raises questions about the limits of the jurisdiction of judicial registrars in the Magistrates Court.

Performance recordivity : studio music in a live context

A broad range of positions is articulated in the academic literature around the relationship between recordings and live performance. Auslander (2008) argues that “live performance ceased long ago to be the primary experience of popular music, with the result that most live performances of popular music now seek to replicate the music on the recording”. Elliott (1995) suggests that “hit songs are often conceived and produced as unambiguous and meticulously recorded performances that their originators often duplicate exactly in live performances”. Wurtzler (1992) argues that “as socially and historically produced, the categories of the live and the recorded are defined in a mutually exclusive relationship, in that the notion of the live is premised on the absence of recording and the defining fact of the recorded is the absence of the live”. Yet many artists perform in ways that fundamentally challenge such positions. Whilst it is common practice for musicians across many musical genres to compose and construct their musical works in the studio such that the recording is, in Auslander’s words, the ‘original performance’, the live version is not simply an attempt to replicate the recorded version. Indeed in some cases, such replication is impossible. There are well known historical examples. Queen, for example, never performed the a cappella sections of Bohemian Rhapsody because it they were too complex to perform live. A 1966 recording of the Beach Boys studio creation Good Vibrations shows them struggling through the song prior to its release. This paper argues that as technology develops, the lines between the recording studio and live performance change and become more blurred. New models for performance emerge. In a 2010 live performance given by Grammy Award winning artist Imogen Heap in New York, the artist undertakes a live, improvised construction of a piece as a performative act. She invites the audience to choose the key for the track and proceeds to layer up the various parts in front of the audience as a live performance act. Her recording process is thus revealed on stage in real time and she performs a process that what would have once been confined to the recording studio. So how do artists bring studio production processes into the live context? What aspects of studio production are now performable and what consistent models can be identified amongst the various approaches now seen? This paper will present an overview of approaches to performative realisations of studio produced tracks and will illuminate some emerging relationships between recorded music and performance across a range of contexts.

Experience design and interactive software in music education research

This paper examines the integration of computing technologies into music education research in a way informed by constructivism. In particular, this paper focuses on an approach established by Jeanne Bamberger, which the author also employs, that integrates software design, pedagogical exploration, and the building of music education theory. In this tradition, researchers design software and associated activities to facilitate the interactive manipulation of musical structures and ideas. In short, this approach focuses on designing experiences and tools that support musical thinking and doing. In comparing the work of Jean Bamberger with that of the author, this paper highlights and discusses issues of significance and identifies lessons for future research.

Sound thinking : tips and tools for understanding popular music

Sound Thinking provides techniques and approaches to critically listen, think, talk and write about music you hear or make. It provides tips on making music and it encourages regular and deep thinking about music activities, which helps build a musical dialog that leads to deeper understanding.

Governing a copyright culture in post-WTO China : copyright in the film and music industries, 2001 - 2005

In 2001 China amended its copyright law in accordance with the requirements of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). This thesis explores the impact of copyright reform on China’s domestic film and music industries. Through extensive interviews with film and music industry workers – directors, producers, executives, judges, lawyers and musicians – it investigates the role of copyright in film and music’s shift from state driven to commercially focussed. The construction and negotiation of a new ‘copyright culture’ in China is examined through the lens of Yurchak’s (1999) concept of ‘entrepreneurial governmentality.’ Administrative structures put in place prior to China’s economic reform are no longer capable of controlling film and music production and consumption and new approaches to managing it are becoming more important. High levels of unauthorised distribution are forcing these industries to adapt their business models so that they can function in a system with weak copyright protection. Legal, economic and political changes have resulted in the emergence of an ‘entrepreneurial governmentality’ among film and music industry professionals. This commercially focussed group is, in turn, increasing pressure on the state to expand the space in which it can function and support efforts to strengthen the copyright system that allows it to exist. It is suggested that the construction and negotiation of a new ‘copyright culture’ is now taking place. This thesis describes the current situation in the film and music industries. It examines the tension between the theoretical possibilities created by copyright law, and the practical challenges of operating in China. It observes innovative business models being applied by film and music businesses in China. It discusses the impact of traditional attitudes to copying and also examines the role that open licensing models might play in helping limit the negative effects of copyright protection on public access to content and in raising levels of education about copyright among key groups within the community.

Evaluation of the Airdrie Sheriff Youth Court Pilot

A pilot Youth Court was introduced at Airdrie Sheriff Court in June 2004. Its objectives were to: • reduce the frequency and seriousness of re-offending by 16 and 17 year old offenders, particularly persistent offenders (and some 15 year olds who are referred to the court); • promote the social inclusion, citizenship and personal responsibility of these young offenders while maximising their potential; • establish fast track procedures for those young persons appearing before the Youth Court; • enhance community safety, by reducing the harm caused to individual victims of crime and providing respite to those communities which are experiencing high levels of crime; and • test the viability and usefulness of a Youth Court using existing legislation and to demonstrate whether legislative and practical improvements might be appropriate. An evaluation of the pilot commissioned by the Scottish Executive found that it appeared in many respects to be working well. It was a tightly run court that dealt with a heavy volume of business. With its fast track procedures and additional resources it was regarded as a model to be aspired to in all summary court business. Whether a dedicated Youth Court was required or whether procedural improvements would have been possible in the absence of dedicated resources and personnel was, however, more difficult to assess. Two issues in particular required further attention. First, consideration needed to be given to whether the Youth Court should be more explicitly youth focused and what this might entail. Second, greater clarity was required regarding for whom the Youth Court was intended to avoid the risk of net-widening and its consequences for young people.

Evaluation of the Hamilton Youth Court Pilot 2003-2005

Pilot Youth Courts were introduced at Hamilton Sheriff Court in June 2003 and at Airdrie Sheriff Court in June 2004. Although introduced as one of a number of measures aimed at responding more effectively to youth crime (including young people dealt with through the Children’s Hearings System), the Youth Courts were intended for young people who would otherwise have been dealt with in the adult Sheriff Summary Court. The objectives of the pilot Youth Courts were to: • reduce the frequency and seriousness of re-offending by 16 and 17 year old offenders, particularly persistent offenders (and some 15 year olds who are referred to the court); • promote the social inclusion, citizenship and personal responsibility of these young offenders while maximising their potential; • establish fast track procedures for those young persons appearing before the Youth Court; • enhance community safety, by reducing the harm caused to individual victims of crime and providing respite to those communities which are experiencing high levels of crime; and • test the viability and usefulness of a Youth Court using existing legislation and to demonstrate whether legislative and practical improvements might be appropriate. Evaluation of the Hamilton and Airdrie Sheriff Youth Court pilots suggested that they had been successful in meeting the objectives set for them by the Youth Court Feasibility Group. Both were tightly run courts that dealt with a heavy volume of business. The particular strengths of the Youth Court model over previous arrangements included the fast-tracking of young people to and through the court, the reduction in trials, the availability of a wider range of resources and services for young people and ongoing judicial review. The successful operation of the pilot Youth Courts was dependent upon effective teamwork among the relevant agencies and professionals concerned. Good information sharing, liaison and communication appeared to exist across agencies and the procedures that were in place to facilitate the sharing of information seemed to be working well. This was also facilitated by the presence of dedicated staff within agencies, resulting in clear channels of communication, and in the opportunity provided by the multi-agency Implementation Groups to identify and address operational issues on an ongoing basis. However, whether Youth Courts are required in Scotland or whether procedural improvement were possible in the absence of dedicated resources and personnel was more difficult to assess. Two issues in particular required further attention. First, consideration needed to be given to whether the Youth Courts should be more explicitly youth focused and what this might entail. Second, greater clarity was required regarding for whom the Youth Courts were intended. This suggested the need for further discussion of Youth Court targeting and its potential consequences among the various agencies concerned.

Improvisation in interactive music systems

This project investigates machine listening and improvisation in interactive music systems with the goal of improvising musically appropriate accompaniment to an audio stream in real-time. The input audio may be from a live musical ensemble, or playback of a recording for use by a DJ. I present a collection of robust techniques for machine listening in the context of Western popular dance music genres, and strategies of improvisation to allow for intuitive and musically salient interaction in live performance. The findings are embodied in a computational agent – the Jambot – capable of real-time musical improvisation in an ensemble setting. Conceptually the agent’s functionality is split into three domains: reception, analysis and generation. The project has resulted in novel techniques for addressing a range of issues in each of these domains. In the reception domain I present a novel suite of onset detection algorithms for real-time detection and classification of percussive onsets. This suite achieves reasonable discrimination between the kick, snare and hi-hat attacks of a standard drum-kit, with sufficiently low-latency to allow perceptually simultaneous triggering of accompaniment notes. The onset detection algorithms are designed to operate in the context of complex polyphonic audio. In the analysis domain I present novel beat-tracking and metre-induction algorithms that operate in real-time and are responsive to change in a live setting. I also present a novel analytic model of rhythm, based on musically salient features. This model informs the generation process, affording intuitive parametric control and allowing for the creation of a broad range of interesting rhythms. In the generation domain I present a novel improvisatory architecture drawing on theories of music perception, which provides a mechanism for the real-time generation of complementary accompaniment in an ensemble setting. All of these innovations have been combined into a computational agent – the Jambot, which is capable of producing improvised percussive musical accompaniment to an audio stream in real-time. I situate the architectural philosophy of the Jambot within contemporary debate regarding the nature of cognition and artificial intelligence, and argue for an approach to algorithmic improvisation that privileges the minimisation of cognitive dissonance in human-computer interaction. This thesis contains extensive written discussions of the Jambot and its component algorithms, along with some comparative analyses of aspects of its operation and aesthetic evaluations of its output. The accompanying CD contains the Jambot software, along with video documentation of experiments and performances conducted during the project.

Re-engaging marginalized youth through digital music production: performance, audience and evaluation

This paper presents two case studies of marginalised youth experimenting with digital music production in flexible education settings. The cases were drawn from a three-year study of alternative assessment in flexible learning centres that enrol 650+ students who have left formal schooling in Queensland, Australia. The cases are framed in reference to the literature on cultural studies approaches to education and the digital arts. Each case describes the student’s histories, cultural background and experiences, music productions, evidence of learning and re-engagement with education. Findings document how digital music production can re-engage and extend participation among students who have left formal education. They do so by theorising the online judgements and blog comments about the digital music production as a social field of exchange. It also raises critical questions about the adequacy of current approaches to evaluating and accounting for the learning and development of such youth, especially where this has occurred through creative arts and digital production.

Supreme Court Decision Results in a Change to Standard Contracts

The decision of Dalton J in Lai v Soineva [2011] QSC 247 has resulted in a change in the latest versions of the Real Estate Institute of Queensland (REIQ) contracts.

iiNet’s Hollywood ending : what does its court victory mean for copyright law?

In what is being billed as iiNet versus Hollywood, the Australian internet service provider has come out an apparent winner after the High Court dismissed a copyright infringement case brought by industry movie studios. The case was a final appeal by the industry in its attempts to crack down on internet users infringing copyright by using BitTorrent to download movies.

High court determines that it cannot be assumed that hot chips are only eaten at lunch

In Strong v Woolworth Ltd (t/as Big W) (2012) 285 ALR 420 the appellant was injured when she fell at a shopping centre outside the respondent’s premises. The appellant was disabled, having had her right leg amputated above the knee and therefore walked with crutches. One of the crutches came into contact with a hot potato chip which was on the floor, causing the crutch to slip and the appellant to fall. The appellant sued in negligence, alleging that the respondent was in breach of its duty of care by failing to institute and maintain a cleaning system to detect spillages and foreign objects within its sidewalk sales area. The issue before the High Court was whether it could be established on the balance of probabilities as to when the hot chip had fallen onto the ground so as to prove causation in fact...

District Court of Queensland Act 1968 s 68 : jurisdiction in pre-proceedings applications under Personal Injuries Proceedings Act 2002

In Woolworths Ltd v Graham [2007] QDC 301 Searles DCJ struck out a pre-proceedings application under the Personal Injuries Proceedings Act 2002 (Qld)on the basis that the material before the Court was not sufficient to attract the jurisdiction of the District Court.The decision serves more broadly as a reminder that the District Court is an inferior court of defined and limited jurisdiction and that any proceedings brought in it must be demonstrably within the jurisdiction conferred on that court by legislation.

Court Based Psychiatric Assessment: A Case for an Integrated and Diversionary Public Health Role

This article describes a follow-up study of 232 individuals who underwent psychiatric assessment by a Criminal Justice Mental Health Team (CJMHT) in 2001/2002, and also draws upon in-depth interviews conducted with 26 of the cohort. At assessment many people are identified with substance misuse problems, as homeless and with a history of psychiatric contact but in the main their problems are of insufficient severity to merit diversion to psychiatric hospital. The study mapped service contact, housing and offending in the 12 months following assessment and compared this to the 12 months prior to assessment, and found increased levels of service contact but also increased levels of offending and no decrease in homelessness. Thus assessment by the CJMHT brought few discernible advantages for the majority of clients. This was also the perception of the 26 clients who were interviewed. Their own perceptions of their lifestyle and the support that they deemed most valuable are described to identify means of enhancing the efficacy of court assessment.

Meaningful musical engagement : the potential impact of generative music systems on learning experiences

In order to create music, the student must establish a relationship with the musical materials. In this thesis, I examine the capacity of a generative music system called jam2jam to offer individuals a virtual musical play-space to explore. I outline the development of an iteration of software development named jam2jam blue and the evolution of a games-like user interface in the research design that jointly revealed the nature of this musical exploration. The findings suggest that the jam2jam blue interface provided an expressive gestural instrument to jam and experience musicmaking. By using the computer as an instrument, participants in this study were given access to meaningful musical experiences in both solo and ensemble situations and the researcher is allowed a view of their development of a relationship with the musical materials from the perspective of the individual participants. Through an iterative software development methodology, pedagogy and experience design were created simultaneously. The research reveals the potential for the jam2jam software to be used as a reflective tool for feedback and assessment purposes. The power of access to ensemble music making is realised though the participants’ virtual experiences which are brought into their physical space by sharing their experience with others. It is suggested that this interaction creates an environment conducive to self-initiated learning in which music is the language of interaction. The research concludes that the development of a relationship between the explorer and the musical materials is subject to the collaborative nature of the interaction through which the music is experienced.