An examination of the liability of a construction contract certifier who gets it wrong

Construction contracts often provide that decisions under the contract will be made by a certifier. This paper reviews the liability issues when a certifier makes a mistake. We do that in light of recent pronouncements by the High Court of Australia and the New South Wales Court of Appeal on negligence. We look at this question in the context of traditional construction contract arrangements and also consider the implications for Public Private Partnerships and the typical contract arrangements entered into to facilitate these transactions.

Autonomous forced landing system for light general aviation aircraft in unknown environments

This paper presents a system which enhances the capabilities of a light general aviation aircraft to land autonomously in case of an unscheduled event such as engine failure. The proposed system will not only increase the level of autonomy for the general aviation aircraft industry but also increase the level of dependability. Safe autonomous landing in case of an engine failure with a certain level of reliability is the primary focus of our work as both safety and reliability are attributes of dependability. The system is designed for a light general aviation aircraft but can be extended for dependable unmanned aircraft systems. The underlying system components are computationally efficient and provides continuous situation assessment in case of an emergency landing. The proposed system is undergoing an evaluation phase using an experimental platform (Cessna 172R) in real world scenarios.

Australian Medical Liability [Second Edition]

"Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition provides a detailed and in depth commentary on the elements of medical liability caselaw and legislation."--Libraries Australia

Hospital liability for sexual assault of a patient

Hospital liability for alleged sexual assault upon a medicated patient by an orderly - non-delegable duty owed by a hospital to its patients - vicarious liability - liability for criminal conduct by employer - recruitment processes - assessment of damages.

An analysis for the causes of accidents of repair, maintenance, alteration and addition works in Hong Kong

This study unveils causes of accidents in repair, maintenance, alteration and addition (RMAA) work. RMAA work is playing an increasingly important role in developed societies, including Hong Kong. Safety problems associated with RMAA work in Hong Kong has reached an alarming level. In view of rapid expansion of the RMAA sector and rising proportion of accidents in the construction industry, there is a pressing need to investigate causes of RMAA accidents. Structured interviews were conducted with RMAA contractors to explore causes of accidents in the RMAA sector. A two-round Delphi method with 13 safety experts was subsequently employed to verify the interview findings and rank the relative degree of importance for various causes of accidents. Accidents happen in RMAA work due to intersection of reasons. One of the root causes of accidents in RMAA works is low safety awareness of RMAA workers; however, wider organizational and industrial factors are not negligible. This study sheds light on why accidents happen in the RMAA sector. Only when the factors leading to accidents are identified can effective measures be made.

A low-complexity flight controller for Unmanned Aircraft Systems with constrained control allocation

In this paper, we propose a framework for joint allocation and constrained control design of flight controllers for Unmanned Aircraft Systems (UAS). The actuator configuration is used to map actuator constraint set into the space of the aircraft generalised forces. By constraining the demanded generalised forces, we ensure that the allocation problem is always feasible; and therefore, it can be solved without constraints. This leads to an allocation problem that does not require on-line numerical optimisation. Furthermore, since the controller handles the constraints, and there is no need to implement heuristics to inform the controller about actuator saturation. The latter is fundamental for avoiding Pilot Induced Oscillations (PIO) in remotely operated UAS due to the rate limit on the aircraft control surfaces.

Aircraft dynamic navigation for unmanned aerial vehicles

This thesis describes the investigation of an Aircraft Dynamic Navigation (ADN) approach, which incorporates an Aircraft Dynamic Model (ADM) directly into the navigation filter of a fixed-wing aircraft or UAV. The result is a novel approach that offers both performance improvements and increased reliability during short-term GPS outages. This is important in allowing future UAVs to achieve routine, unconstrained, and safe operations in commercial environments. The primary contribution of this research is the formulation Unscented Kalman Filter (UKF) which incorporates a complex, non-linear, laterally and longitudinally coupled, ADM, and sensor suite consisting of a Global Positioning System (GPS) receiver, Inertial Measurement Unit (IMU), Electronic Compass (EC), and Air Data (AD) Pitot Static System.

Liability in negligence and the failure to disclose multiple risks in surgery : I would have been willing to run the risk

It has been 21 years since the decision in Rogers v Whitaker and the legal principles concerning informed consent and liability for negligence are still strongly grounded in this landmark High Court decision. This paper considers more recent developments in the law concerning the failure to disclose inherent risks in medical procedures, focusing on the decision in Wallace v Kam [2013] HCA 19. In this case, the appellant underwent a surgical procedure that carried a number of risks. The surgery itself was not performed in a sub-standard way, but the surgeon failed to disclose two risks to the patient, a failure that constituted a breach of the surgeon’s duty of care in negligence. One of the undisclosed risks was considered to be less serious than the other, and this lesser risk eventuated causing injury to the appellant. The more serious risk did not eventuate, but the appellant argued that if the more serious risk had been disclosed, he would have avoided his injuries completely because he would have refused to undergo the procedure. Liability was disputed by the surgeon, with particular reference to causation principles. The High Court of Australia held that the appellant should not be compensated for harm that resulted from a risk he would have been willing to run. We examine the policy reasons underpinning the law of negligence in this specific context and consider some of the issues raised by this unusual case. We question whether some of the judicial reasoning adopted in this case, represents a significant shift in traditional causation principles.

Classifying natural aerial scenery for autonomous aircraft emergency landing

In this paper, we present an approach for image-based surface classification using multi-class Support Vector Machine (SVM). Classifying surfaces in aerial images is an important step towards an increased aircraft autonomy in emergency landing situations. We design a one-vs-all SVM classifier and conduct experiments on five data sets. Results demonstrate consistent overall performance figures over 88% and approximately 8% more accurate to those published on multi-class SVM on the KTH TIPS data set. We also show per-class performance values by using normalised confusion matrices. Our approach is designed to be executed online using a minimum set of feature attributes representing a feasible and ready-to-deploy system for onboard execution.

Personal injury in motor accident in NSW - procedural requirements under Motor Accidents Insurance Act 1988 (NSW)

In Hooper v Robinson [2002] QDC 080 (District Court of Queensland, D 4841 of 2001, McGill DCJ, 19.4.2002) McGill DCJ considered the application of the decision in John Pfeiffer Pty Ltd v Rogerson [2000] 203 CLR 503 to notice requirements such as in s42 of NSW Motor Accident Insurance Act 1988 and concluded such provisions are now substantive.

Limitation of Actions - effect of admission of liability

The decision in Simpson v Lenton [2002] QDC 214 applied the decisions of the Court of Appeal in Lindsay v Smith [2002] 1 Qd R 610 and Morris v FAI General Insurance Co Ltd [1996] 1 QDR 495 in finding the second defendant, having admitted liability, was estopped from relying on the expiration of the limitation period.

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.

Compressed sensing using hidden Markov models with application to vision based aircraft tracking

This paper investigates compressed sensing using hidden Markov models (HMMs) and hence provides an extension of recent single frame, bounded error sparse decoding problems into a class of sparse estimation problems containing both temporal evolution and stochastic aspects. This paper presents two optimal estimators for compressed HMMs. The impact of measurement compression on HMM filtering performance is experimentally examined in the context of an important image based aircraft target tracking application. Surprisingly, tracking of dim small-sized targets (as small as 5-10 pixels, with local detectability/SNR as low as − 1.05 dB) was only mildly impacted by compressed sensing down to 15% of original image size.

Agent-based modelling of aircraft boarding methods

We implemented six different boarding strategies (Wilma, Steffen, Reverse Pyramid, Random, Blocks and By letter) in order to investigate boarding times for Boeing 777 and Airbus 380 aircraft. We also introduce three new boarding methods to find the optimum boarding strategy. Our models explicitly simulate the behaviour of groups of people travelling together and we explicitly simulate the timing to store their luggage as part of the boarding process. Results from the simulation demonstrates the Reverse Pyramid method is the best boarding method for Boeing 777, and the Steffen method is the best boarding method for Airbus 380. For the new suggested boarding methods, aisle first boarding method is the best boarding strategy for Boeing 777 and row arrangement method is the best boarding strategy for Airbus 380. Overall best boarding strategy is aisle first boarding method for Boeing 777 and Steffen method for Airbus 380.

The economics of credence goods : an experiment on the role of liability, verifiability, reputation and competition

Credence goods markets are characterized by asymmetric information between sellers and consumers that may give rise to inefficiencies, such as under- and overtreatment or market breakdown. We study in a large experiment with 936 participants the determinants for efficiency in credence goods markets. While theory predicts that liability or verifiability yield efficiency, we find that liability has a crucial, but verifiability at best a minor, effect. Allowing sellers to build up reputation has little influence, as predicted. Seller competition drives down prices and yields maximal trade, but does not lead to higher efficiency as long as liability is violated. (JEL D12, D82)