UCPR r548 - requirement for report or proof of evidence intended to be relied on at trial

In Oates v Cootes Tanker Service Pty Ltd [2005] QSC 213, Fryberg J considered some interesting questions of construction in relation to the rule requiring the plaintiff to provide a statement of loss and damage in personal injuries proceedings (UCPR r 548) and the rule in relation to the giving of expert evidence (UCPR r427)

Acknowledgement [Special Issue - Formal Approaches to Legal Evidence]

This Acknowledgement refers to the special issue "Formal Approaches to Legal Evidence" of the Artificial Intelligence and Law, September 2001, Vol. 9, Issue 2-3, which was guest edited by Ephraim Nissan.

Editorial: context, content and aims [Special Issue - Formal Approaches to Legal Evidence]

This special issue "Formal Approaches to Legal Evidence" of the Artificial Intelligence and Law, September 2001, Vol. 9, Issue 2-3, which was guest edited by Ephraim Nissan.

Brewing and liquor interests and German propaganda : hearings before a subcommittee of the Committee on the Judiciary, United States Senate, Sixty-fifth Congress, second and third sessions, pursuant to S. res. 307, a resolution authorizing and directing the Committee on the Judiciary to call for certain evidence and documents relating to charges made against the United States Brewers' Association and allied interests and to submit a report of their investigation to the Senate.

Charles A. Culberson, chairman.

Access to parental leave in Australia: evidence from Negotiating the Life Course

Although unpaid parental leave has been available to most Australian employees for more than a decade, and public sector legislation and company policies provide at least some employees with an entitlement to paid parental leave, there is as yet little information available on accessibility, take-up rates or the extent to which current leave provisions meet the needs of parents. In this paper, data from the Negotiating the Life Course survey are used to examine the first of these issues: accessibility. Variations in perceptions of access to paid and unpaid parental leave are examined in bivariate and multivariate analyses, which emphasise marked divisions in the Australian labour market between permanent and casual status. The data also suggest that access to unpaid parental leave is more variable than might be expected from a reading of formal legislative provisions, and raise questions over the accessibility of paid parental leave to those who need it most-employees with young children.

Getting to zero: evidence-based healthcare risk management is key.

In this article we call for a new approach to patient safety improvement, one based on the emerging field of evidence-based healthcare risk management (EBHRM). We explore EBHRM in the broader context of the evidence-based healthcare movement, assess the benefits and challenges that might arise in adopting an evidence-based approach, and make recommendations for meeting those challenges and realizing the benefits of a more scientific approach.

Special educational needs across two decades: survey evidence from English primary schools

The article considers the perceived prevalence of special educational needs in English primary schools and changes in this prevalence over two decades and relates these to issues in education policy, teacher practice and the concept of special educational needs. The studies considered are two major surveys of schools and teachers, the first conducted in 1981 and the second conducted in the same schools in 1998. Important features of both studies were their scale and the exceptionally high response rates achieved. Two central findings were the perception of teachers that special educational needs were widespread and of an increase in special educational needs over time: perceived levels of special educational needs were one in five children in 1981, which had risen to one in four children in 1998. Learning difficulties were by far the most common aspects of special educational needs but many children had multiple difficulties, and behavioural difficulties were seen by teachers as the main barriers to inclusion. The very high figures for prevalence raise questions about the continued usefulness of the concept of special educational need distinct from broader issues of achievement.

Leaving and Coming Back to Canada : Evidence from Longitudinal Data (Working Paper 32)

The paper exploits the unique strengths of Statistics Canada's Longitudinal Administrative Database ("LAD"), constructed from individuals' tax records, to shed new light on the extent and nature of the emigration of Canadians to other countries and their patterns of return over the period 1982-1999. The empirical evidence begins with some simple graphs of the overall rates of leaving over time, and follows with the presentation of the estimation results of a model that essentially addresses the question: "who moves?" The paper then analyses the rates of return for those observed to leave the country - something for which there is virtually no existing evidence. Simple return rates are reported first, followed by the results of a hazard model of the probability of returning which takes into account individuals' characteristics and the number of years they have already been out of the country. Taken together, these results provide a new empirical basis for discussions of emigration in general, and the brain drain in particular. Of particular interest are the ebb and flow of emigration rates observed over the last two decades, including a perhaps surprising turndown in the most recent years after climbing through the earlier part of the 1990s; the data on the number who return after leaving, the associated patterns by income level, and the increases observed over the last decade.

Developing a culture of enquiry to sustain evidence-based practice

Evidence-based practice (EBP) is having a significant effect on the health service environment. It constructs a language that bridges the healthcare disciplines and the clinical and managerial components of health services. Most experienced clinicians in nursing, medicine and allied health now recognise that the contemporary healthcare environment calls for our practice to be justified by sound, credible evidence. There is pressure on all clinicians to accommodate innovation, while at the same time ensuring their practice is effective, safe and efficient (Forbes & Griffiths 2002). Consequently, EBP in healthcare is having a profound effect on nursing and the way we think about nursing. There are many available models for research utilisation that are dependent on organisational strategies for change. This chapter describes the relationship between organisation and culture, and explores the notion of cultural change; that is, developing a culture of inquiry that can sustain evidence-based practice. We begin this chapter with a clear conception of what we mean by EBP and what we mean by ‘culture’.

One approach to finding evidence for the effectiveness of scientific visualisations in high school physics and chemistry education

Enormous amounts of money and energy are being devoted to the development, use and organisation of computer-based scientific visualisations (e.g. animations and simulations) in science education. It seems plausible that visualisations that enable students to gain visual access to scientific phenomena that are too large, too small or occur too quickly or too slowly to be seen by the naked eye, or to scientific concepts and models, would yield enhanced conceptual learning. When the literature is searched, however, it quickly becomes apparent that there is a dearth of quantitative evidence for the effectiveness of scientific visualisations in enhancing students’ learning of science concepts. This paper outlines an Australian project that is using innovative research methodology to gather evidence on this question in physics and chemistry classrooms.

Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books.

The potential role of lycopene for the prevention and therapy of prostate cancer : from molecular mechanisms to clinical evidence

Lycopene is a phytochemical that belongs to a group of pigments known as carotenoids. It is red, lipophilic and naturally occurring in many fruits and vegetables, with tomatoes and tomato-based products containing the highest concentrations of bioavailable lycopene. Several epidemiological studies have linked increased lycopene consumption with decreased prostate cancer risk. These findings are supported by in vitro and in vivo experiments showing that lycopene not only enhances the antioxidant response of prostate cells, but that it is even able to inhibit proliferation, induce apoptosis and decrease the metastatic capacity of prostate cancer cells. However, there is still no clearly proven clinical evidence supporting the use of lycopene in the prevention or treatment of prostate cancer, due to the only limited number of published randomized clinical trials and the varying quality of existing studies. The scope of this article is to discuss the potential impact of lycopene on prostate cancer by giving an overview about its molecular mechanisms and clinical effects. © 2013 by the authors; licensee MDPI, Basel, Switzerland.

Federal Court Rules 027 r 11 - Subpoena to give evidence

In Australian Prudential Regulation Authority v Rural and General Insurance Let [2004] FCA 933, Gyles J considered what he described as "a novel question", namely, whether taking steps to prepare to give oral evidence when subpoenaed to attend for that purpose, including the obtaining of legal advice and assistance, could be recovered by the witness under O 27 r 11 of the Federal Court Rules