Catch up on passing off : what you need to know about this tricky tort

Advice for assisting clients on the law relating to passing off - elements of passing off - overlap with consumer protection and trade mark law - reputation - misrepresentation - damages and remedies

Unlocking risk allocation and equitable conversion : reform of the passing of risk in the sale of land

The principles relating to the passing of risk under a contract for the sale of real property would seem to have been long settled. The rule under the general law is that the risk of loss of the subject matter under a contract for the sale of real property passes to the buyer upon the creation of a valid and binding contract. This article considers the origin of that rule, how it developed with the growth of equity, and advances the view that it is anomalous in a modern context of property dealings. In doing so, the article adverts to the variety of statutory mechanisms used to subvert the rule, few of which are of practical value. It concludes that the rule is outmoded in many respects and suggests a number of reforms which might be implemented nationally to bring consistency and simplicity to the issue of damage or destruction of improvements which are the subject of a land contract.

Informational constraints on the emergence of passing direction in the team sport of futsal

This study investigated compound spatial and temporal measures of interpersonal interactions purported to constrain the emergence of affordances for passing direction in the team sport of futsal. For this purpose, attacker–defender interactions in 37 sequences of play from a futsal competition in which 24 male professional players participated (M=30.04 years, SD=4.10) were filmed and analysed using TACTO software. Relative angle data were used as measures to study coordination tendencies that emerged between players during performance. Results showed that the direction for a pass emerged from relative angles between: (1) the vector from a ball carrier to ball receiver and the vector from the ball carrier to the nearest defender (70°) (p<0.01) and (2) the vector from a ball carrier to ball receiver and the vector from the ball carrier to a ball receiver's nearest defender (31°) (p < 0.01). Furthermore, passing direction was also constrained by temporal information from the emergence of both angles, since the pass was performed to attacker–defender dyads with the highest velocities of these angles (p < 0.05). Results suggested that decisions on selecting the direction of a pass in the team sport of futsal emerged at critical values of these key compound motion measures.

Reconceptualising inclusion as participation: Neoliberal buck-passing or strategic by-passing?

This paper investigates increases in the identification of special educational needs in the New South Wales (NSW) government school system over the last two decades, which are then discussed with senior public servants working within the NSW Department of Education and Communities (DEC). Participant narratives indicate deep structural barriers to inclusion that are perpetuated by the discourses and practices of regular and special education. Despite policies that speak of ‘working together’ for ‘every student’ and ‘every school’, students who experience difficulty in schools and with learning often remain peripheral to the main game, even though their number is said to be increasing. There is, however, some positive progress being made. Findings suggest that key policy figures within the NSW DEC are keenly aware of the barriers and have adopted alternative strategies to drive inclusion via a new discourse of ‘participation’ which is underpinned by the linking of student assessment and the resourcing of schools.

Evaluation of the Queensland Minimum Passing Distance Road Rule

The two-year trial of the Queensland minimum passing distance (MPD) road rule began on 7 April 2014. The rule requires motor vehicles to provide cyclists a minimum lateral passing distance of one metre when overtaking cyclists in a speed zone of 60 km/h or less, and 1.5 metres when the speed limit is greater than 60 km/h. This document summarises the evaluation of the effectiveness of the new rule in terms of its: 1. practical implementation; 2. impact on road users’ attitudes and perceptions; and 3. road safety benefits. The Centre for Accident Research and Road Safety – Queensland (CARRS-Q) developed the evaluation framework (Haworth, Schramm, Kiata-Holland, Vallmuur, Watson & Debnath; 2014) for the Queensland Department of Transport and Main Roads (TMR) and was later commissioned to undertake the evaluation. The evaluation included the following components: • Review of correspondence received by TMR; • Interviews and focus groups with Queensland Police Service (QPS) officers; • Road user survey; • Observational study; and • Crash, injury and infringement data analysis.

Deep Packet Inspection Using Message Passing Networks

We propose a solution based on message passing bipartite networks, for deep packet inspection, which addresses both speed and memory issues, which are limiting factors in current solutions. We report on a preliminary implementation and propose a parallel architecture.

Bayesian framework and message passing for joint support and signal recovery of approximately sparse signals

In this paper, we develop a low-complexity message passing algorithm for joint support and signal recovery of approximately sparse signals. The problem of recovery of strictly sparse signals from noisy measurements can be viewed as a problem of recovery of approximately sparse signals from noiseless measurements, making the approach applicable to strictly sparse signal recovery from noisy measurements. The support recovery embedded in the approach makes it suitable for recovery of signals with same sparsity profiles, as in the problem of multiple measurement vectors (MMV). Simulation results show that the proposed algorithm, termed as JSSR-MP (joint support and signal recovery via message passing) algorithm, achieves performance comparable to that of sparse Bayesian learning (M-SBL) algorithm in the literature, at one order less complexity compared to the M-SBL algorithm.

Channel Hardening-Exploiting Message Passing (CHEMP) Receiver in Large-Scale MIMO Systems

In this paper, we propose a multiple-input multiple-output (MIMO) receiver algorithm that exploits channel hardening that occurs in large MIMO channels. Channel hardening refers to the phenomenon where the off-diagonal terms of the matrix become increasingly weaker compared to the diagonal terms as the size of the channel gain matrix increases. Specifically, we propose a message passing detection (MPD) algorithm which works with the real-valued matched filtered received vector (whose signal term becomes, where is the transmitted vector), and uses a Gaussian approximation on the off-diagonal terms of the matrix. We also propose a simple estimation scheme which directly obtains an estimate of (instead of an estimate of), which is used as an effective channel estimate in the MPD algorithm. We refer to this receiver as the channel hardening-exploiting message passing (CHEMP) receiver. The proposed CHEMP receiver achieves very good performance in large-scaleMIMO systems (e.g., in systems with 16 to 128 uplink users and 128 base station antennas). For the considered large MIMO settings, the complexity of the proposed MPD algorithm is almost the same as or less than that of the minimum mean square error (MMSE) detection. This is because the MPD algorithm does not need a matrix inversion. It also achieves a significantly better performance compared to MMSE and other message passing detection algorithms using MMSE estimate of. Further, we design optimized irregular low density parity check (LDPC) codes specific to the considered large MIMO channel and the CHEMP receiver through EXIT chart matching. The LDPC codes thus obtained achieve improved coded bit error rate performance compared to off-the-shelf irregular LDPC codes.