The compulsory sale of real estate under the powers of the Partition Act, 1868, as amended by the Partition Act, 1876,

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A changing landscape : The mortgagee's power of sale in Queensland

In Australia, the extent of a mortgagee’s duty when exercising power of sale has long been the subject of conjecture. With the advent of the global financial crisis in the latter part of 2008, there has been some concern to ensure that the interests of mortgagors are adequately protected. In Queensland, concern of this type resulted in the enactment of the Property Law (Mortgagor Protection) Amendment Act 2008 (Qld). This amending legislation operates to both extend and strengthen the operation of s 85 of the Property Law Act 1974 (Qld) which regulates the mortgagee’s power of sale in Queensland. This article examines the impact of this amending legislation which was hastily introduced and passed by the Queensland Parliament without consultation and which introduces a level of prescription in relation to a sale under a prescribed mortgage which is without precedent elsewhere in Australia.

Mortgagee sale obligations tightened

The enactment of the Property Law (Mortgagor Protection) Amendment Act 2008 (Qld), means that the obligations of a mortgagee exercising power of sale or a receiver selling have been substantially tightened in Queensland. Background As explained in the explanatory notes accompanying the legislation, with current global economic and financial circumstances, there were concerns about the position of mortgagors when mortgagees exercised their powers of sale. The objective of the amending legislation was to protect the interests of mortgagors by strengthening the statutory provisions relating to the duty of the mortgagee exercising power of sale to take reasonable care to ensure the property is sold at market value. The amending legislation was urgently passed without any consultation process.

Enduring powers of attorney : promoting attorneys' accountability as substitute decision makers

Aim The misuse and abuse of Enduring Powers of Attorney (EPAs) by attorneys, particularly in relation to financial decision-making, is a growing concern. This paper explores the opportunities to enhance accountability of attorneys at the time of the execution of the document in Queensland. Method A four stage multi-method design comprised a critical reference group; semi-structured interviews with 32 principals or potential principals, attorneys and witnesses; two focus groups with service providers and a state wide survey of 76 principals, attorneys and witnesses. Results Across all methods and user groups, understanding the role and obligations of the attorney in an EPA was consistently identified as problematic. Conclusions Promoting accountability and understanding can be addressed by greater attention to the role of the attorney in the forms/ guidelines and in the structure and witnessing of the forms, increased direction about record keeping and access to appropriate advice and support.

Gender-based undervaluation and the equal remuneration powers of Fair Work Australia

We investigate gender-based wage undervaluation in light of FairWork Australia’s major recent decision for social and community service workers. Using regression methods, we demonstrate that wages for employees in female-dominated occupations are significantly lower than for comparable employees in male-dominated and integrated occupations. This undervaluation is present for both male and female employees, and persists after controlling for industry of employment. We then estimate the undervaluation within industry and juxtapose the results with evidence on the industry distribution of award reliance, a proxy for Fair Work Australia’s equal remuneration powers. There is not a strong relationship within industries between the extent of gender-based undervaluation and award reliance. This suggests that ‘equal remuneration for work of equal or comparable value’ is unlikely to be achieved universally by Fair Work Australia without substantial spillovers between awards and non-award agreements.

The wrong tool for the job? The predictive powers of the DBQ in a sample of Queensland motorists

Introduction This study reports on the application of the Manchester Driver Behaviour Questionnaire (DBQ) to examine the self-reported driving behaviours (e.g., speeding, errors & aggressive manoeuvres) and predict crash involvement among a sample of general Queensland motorists. Material and Methods Surveys were completed by 249 general motorists on-line or via a pen-and-paper format. Results A factor analysis revealed a three factor solution for the DBQ which was consistent with previous Australian-based research. It accounted for 40.5% of the total variance, although some cross-loadings were observed on nine of the twenty items. The internal reliability of the DBQ was satisfactory. However, multivariate analysis using the DBQ revealed little predictive ability of the tool to predict crash involvement or demerit point loss e.g. violation notices. Rather, exposure to the road was found to be predictive of crashes, although speeding did make a small contribution to those who recently received a violation notice. Conclusions Taken together, the findings contribute to a growing body of research that raises questions about the predictive ability of the most widely used driving assessment tool globally. Ongoing research (which also includes official crash and offence outcomes) is required to better understand the actual contribution that the DBQ can make to understanding and improving road safety. Future research should also aim to confirm whether this lack of predictive efficacy originates from broader issues inherent within self-report data (e.g., memory recall problems) or issues underpinning the conceptualisation of the scale.

Legislative impact on the mortgagee’s exercise of power of sale : the need for rationalisation

Throughout Australia, regulation of the power of sale is highly inconsistent. In response to the uncertain nature of the mortgagee’s duty at common law, many legislatures have intervened. As a result, there has been a proliferation of statutory formula conferring varying degrees of protection on mortgagors. The differences in approach indicate a lack of consensus as to the best method of regulation. This article exposes the extent of the inconsistency and provides a comparative assessment of the various provisions with reference to the policy concerns that underpin legislative intervention. The article identifies a number of deficiencies associated with existing provisions and concludes that mortgagees and mortgagors alike would benefit from improved clarity and consistency. To that end, the article proposes a model provision that seeks to address the deficiencies identified.

Copy of 1794 bill of sale of the ship "Farmer"

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Bipartite Powers of k-chordal Graphs

Let k be an integer and k >= 3. A graph G is k-chordal if G does not have an induced cycle of length greater than k. From the definition it is clear that 3-chordal graphs are precisely the class of chordal graphs. Duchet proved that, for every positive integer m, if G m is chordal then so is G(m+2). Brandst `` adt et al. in Andreas Brandsadt, Van Bang Le, and Thomas Szymczak. Duchet- type theorems for powers of HHD- free graphs. Discrete Mathematics, 177(1- 3): 9- 16, 1997.] showed that if G m is k - chordal, then so is G(m+2). Powering a bipartite graph does not preserve its bipartitedness. In order to preserve the bipartitedness of a bipartite graph while powering Chandran et al. introduced the notion of bipartite powering. This notion was introduced to aid their study of boxicity of chordal bipartite graphs. The m - th bipartite power G(m]) of a bipartite graph G is the bipartite graph obtained from G by adding edges (u; v) where d G (u; v) is odd and less than or equal to m. Note that G(m]) = G(m+1]) for each odd m. In this paper we show that, given a bipartite graph G, if G is k-chordal then so is G m], where k, m are positive integers with k >= 4

Lower Bounds for Sums of Powers of Low Degree Univariates

We consider the problem of representing a univariate polynomial f(x) as a sum of powers of low degree polynomials. We prove a lower bound of Omega(root d/t) for writing an explicit univariate degree-d polynomial f(x) as a sum of powers of degree-t polynomials.

Nonlinear X-wave formation and conical emission at different powers of a femtosecond laser pulse in water

Nonlinear X-wave formation at different pulse powers in water is simulated using the standard model of nonlinear Schrodinger equation (NLSE). It is shown that in near field X-shape originally emerges from the interplay between radial diffraction and optical Kerr effect. At relatively low power group-velocity dispersion (GVD) arrests the collapse and leads to pulse splitting on axis. With high enough power, multi-photon ionization (NIPI) and multi-photon absorption (MPA) play great importance in arresting the collapse. The tailing part of pulse is first defocused by MPI and then refocuses. Pulse splitting on axis is a manifestation of this process. Double X-wave forms when the split sub-pulses are self-focusing. In the far field, the character of the central X structure of conical emission (CE) is directly related to the single or double X-shape in the near field. (c) 2007 Elsevier B.V. All rights reserved.