Accountability for good faith in commercial dealing: The Carter v Boehm legacy 250 years on

In common law jurisdictions such as England, Australia, Canada and New Zealand good faith in contracting has long been recognised in specific areas of the law such as insurance law and franchising, and more recently the implied duties of good faith and mutual trust and convenience in employment contracts have generated a considerable volume of case law. Outside of these areas of law that may be characterised as being strongly‘relational’ in character,the courts in common law jurisdictions have been reluctant to embrace a more universal application of good faith in contracting and performance. However increasingly there are cases which support the proposition that there is a common law duty of good faith of general application to all commercial contracts. Most important in this context is the recent decision of the Supreme Court of Canada in Bhasin v Hrynew.1 However, this matter is by no means resolved in all common law jurisdictions. This article looks at the recent case law and literature and at various legislative incursions including statutes, codes of conduct and regulations impacting good faith in commercial dealings.

Development of a process for dealing with underutilised Queensland government properties with heritage significance

This thesis addresses the contemporary issue of the control, restoration and potential for reuse of State Government-owned heritage properties with commercial potential. It attempts to reconcile the sometimes competing interests of the range of stakeholders in such properties, particularly those seeking to maximise economic performance and return on one hand and community expectations for heritage preservation and exhibition on the other. The matters are approached principally from the Government's position as asset owner/manager. It includes research into a number of key elements - including statutory, physical and economic parameters and an analysis of the legitimate requirements of all stakeholders. The thesis also recognises the need for innovation in approach and for the careful structuring and pre-planning of proposals on a project-by-project basis. On the matter of innovation, four case studies are included in the thesis to exhibit some approaches and techniques that have already been employed in addressing these issues. From this research base, a series of deductions at both a macro and micro level are established and a model for a rational decision-making process for dealing with such projects is developed as a major outcome of the work. Finally, the general model is applied to a specific project, the currently unused Port Office heritage site in the Brisbane Central Business District.

Dealing with the problem of cybercrime

Lack of a universally accepted and comprehensive taxonomy of cybercrime seriously impedes international efforts to accurately identify, report and monitor cybercrime trends. There is, not surprisingly, a corresponding disconnect internationally on the cybercrime legislation front, a much more serious problem and one which the International Telecommunication Union (ITU) says requires „the urgent attention of all nations‟. Yet, and despite the existence of the Council of Europe Convention on Cybercrime, a proposal for a global cybercrime treaty was rejected by the United Nations (UN) as recently as April 2010. This paper presents a refined and comprehensive taxonomy of cybercrime and demonstrates its utility for widespread use. It analyses how the USA, the UK, Australia and the UAE align with the CoE Convention and finds that more needs to be done to achieve conformance. We conclude with an analysis of the approaches used in Australia, in Queensland, and in the UAE, in Abu Dhabi, to fight cybercrime and identify a number of shared problems.

Dealing with unique interests in Crown Land : a Queensland perspective

Security of tenure is the cornerstone of the land management system in Australia. Freehold title is protected throug indefeasibility of title entrenched in legislation and protection of registrable interests in land is offered through the Statutory Assurance Fund. For those with interests pertaining to Crown Land no such protection is offered, although this position is not uniform across Australia. Notably those with Crown leasehold interests or a profit a prendre on Crown Land in Queensland are not protected through registration on the freehold land register and do not have the benefit of indefeasibility of title. The issue of management of interests pertaining to Crown Land has become increasingly relevant due to the complexities associated with balancing public interests including native title with more commercial interests in land generated through carbon sequestration, forestry and mining. This paper considers the framework for the management of Crown Land in Queensland and the adequacy of this framework for commercial interests that pertain to Crown Land.

Living and dealing with RF impairments in communication transceivers

This paper provides an overview of the sources and effects of the RF impairments limiting and rendering the performance of the future wireless communication transceivers costly as well as hindering their wide-spread use in commercial products. As transmission bandwidths and carrier frequencies increase effect of these impairments worsen. This paper studies and presents analytical evaluations of the performance degradation due to the RF impairments in terms of bit-error-rate and image rejection ratio. The paper also give highlights of the various aspects of the research carried out in mitigating the effects of these impairments primarily in the digital signal processing domain at the baseband as well as providing low-complexity hardware implementations of such algorithms incorporating a number of power and area saving techniques.

L'intervention du juge canadien avant et durant un arbitrage commercial international

"Thèse présentée à la Faculté des études supérieures de l'Université de Montréal en vue de l'obtention du grade de Docteur en droit (LL.D.) et à l'Université Panthéon-Assas (Paris II) Droit-économie-Sciences Sociales en vue de l'obtention du grade de Docteur en droit (Arrêté du 30 mars 1992 modifié par l'arrêté du 25 avril 2002)"

Personnel Management Practices in the Kerala based Scheduled commercial Banks

The thesis entitled Personnel Management Practices in the Kerala-Based Scheduled Commercial Banks. Personnel management function is of cardinal importance, requiring a sophisticated and scientific approach. In a labour-intensive, service industry like banking. Productivity and ultimate profitability of the entire organization depend considerably on the effectiveness with which personnel management function is executed; and the prudence with which personnel problems are handle. The main objectives of the study are to understand the current status of personnel management functions in the banks and to evaluate the practices in the light of the principles and theories of personnel management so as to identify the strengths and weaknesses. The universe of this study is the eight Scheduled Commercial Banks based in Kerala. The major limitation of the study is that as State Bank of Travancore, the lone public sector bank based in Kerala did not grant permission for collection of data, this study had to be confined to private sector banks only. Almost the entire data used for this study are primary and were collected from the files and other records or the concerned banks. This report has chapters dealing with the functional areas of personnel management such as determination of human resource requirements, recruitment and selection, training and development, performance appraisal, promotions and compensation. Findings reveal that the practice of personnel management in the Kerala-based private sector scheduled commercial banks has not gained a degree of sophistication compatible with its role in modern business management.

Crowdfunding for non-commercial initiatives

Organizations and individuals dealing with non-commercial initiatives are in permanent search for funding. Crowdfunding is an alternative way of collecting funds from general public through Internet-based platforms, which is currently gaining popularity all over the world. There are several research initiatives in that field that show the influence of different factors on the success of campaigns, both with commercial and non-commercial objectives. Non-profit nature of the project is named among key predictors of positive outcome. In this context, the purpose of this work is to check whether the tendencies detected by scholars are valid for non-commercial initiatives, especially those having socially aware objectives, posted on the Belarusian crowdfunding platform Ulej. The method used for validation of the research hypotheses is binary logistic regression and statistical test. The results showed that the dependent variable success is influenced by such independent variables as the funding goal, the sum collected, the number of sponsors and the average pledge. On the other hand, the effect of the duration period is not significant. Inferential analysis shows that there is no difference in the level of success between commercial and non-commercial projects and that social orientation does not increase the likelihood of meeting financial goals. The findings are opposite to those provided in literature. However that could be explained by the short period of functioning of platform and the small number of projects.