The development of an effective and efficient dispute resolution processes for strata scheme disputes in peninsular Malaysia

Dispute resolution in strata schemes in Peninsular Malaysia should focus on more than just "settlement." The quality of the outcome, its sustainability and its relevance in supporting the basic principles of a good neighbourhood and self-governance in a strata scheme are also fundamental. Based on the comprehensive law movement, this thesis develops a theoretical framework for strata scheme disputes within the parameters of therapeutic jurisprudence, preventive law, alternative dispute resolution (ADR) and problem-solving courts. The therapeutic orientation of this model offers approaches that promote positive communication between disputing parties, preserve neighbour relations and optimise people's psychological and emotional well-being.

Living a managed community lifestyle : lessons from Queensland

Purpose - The paper aims to improve consumer awareness of the complexities of community living. It does this by clarifying how living in a managed community is different from a ‘traditional’ neighbourhood; and identifying matters that can become disputes Design/methodology/approach - The paper builds on research by other authors into strata scheme disputes by examining recent Queensland cases. Findings - Many disputes appear to result from a lack of understanding of the complexities of community living. Matters that should be able to be easily resolved are therefore escalated to formal disputes. Research limitations/implications - The paper considers law and cases from Queensland. The types of matters considered, however, are relevant for any managed community and therefore the research is relevant for all jurisdictions. The research will be of particular interest to jurisdictions looking to boost living density by increasing the development of managed communities. Practical implications - The research will assist in consumer transactions by providing guidance as to the matters to be considering prior to moving into a managed community. More informed decision making by prospective residents will lead to a decreased likelihood of disputes arising. Originality/value - The paper is an up-to-date consideration of the issues arising from community living. It highlights the benefits arising from increased consumer awareness of the complexities of community living and the potential for consumer education to reduce the number of disputes.

Parking, parties and pets : disputes - the dark side of community living

In the last decade community living, in master planned communities or strata titled complexes, has increased. As land becomes scarcer, the popularity of these schemes is predicted to grow. Offsetting this popularity is the peculiarities of community living, in particular the often unthought-of difficulties arising from living in very close proximity to your neighbour. Such difficulties affect both amenity of life and property value. This paper seeks to inform practitioners of the issues arising from community living. It does this by identifying the more common forms of disputes and considering recent tribunal and court decisions. The paper concludes by identifying the dispute warning signs to assist to practitioners with the valuation process.

New affordable strata title housing solutions : a case study in Surabaya, Indonesia

Accessibility to affordable housing for low income people are one of the housing problems in Indonesia, especially in major cities like Jakarta and Surabaya. Government has provided indirect subsidised on home ownership for low income people through planning instrument such as inclusionary zoning. However, low cost housing has been located in cheaper land which is very far from city and employment centre. This paper aims to discuss recent government initiatives to support low cost strata title housing in prime location which closer to the employment centre. This paper compares the characteristics of existing affordable housing solutions and focus on a new initiative as a case study. Learning from this initiative will allow a recommendation on application of similar scheme in other sites. The land availability, high construction cost, culture barriers and higher risk with lower return have been named as main barriers on repeating this model in other sites. Moreover, the high-rise solution is still very expensive compared to landed houses.

Palynostratigraphy of Ordovician strata, Canning Basin, Western Australia. Part One: acritarchs and prasinophytes

This paper is the initial part of a comprehensive bipartite monograph of palynomorphs (viz., acritarchs, prasinophyte phycomata, and chitinozoans) that are represented profusely in marine lower Palaeozoic strata of the Canning Basin, Western Australia. The prime aim is to establish a palynologically based zonal scheme for the Ordovician sequence as represented in five cored boreholes drilled through the Lower to Middle Ordovician strata of the central-northeastern Canning Basin. These strata embrace the Oepikodus communis through Phragmodus-Plectodina conodont zonal interval and comprise (in ascending order) the Willara, Goldwyer, and Nita formations, of inferred early Arenig to Llanvirn age. All three formations contain moderately diverse and variably preserved palynomorphs. The palynomorph taxa, detailed systematically in the current Part One of this monograph, comprise 66 species of acritarchs and six of prasinophytes. Of these, two species of prasinophytes and 11 of acritarchs are newly established: Cymatiosphaera meandrica and Pterospermella franciniae; Aremoricanium hyalinum, A. solaris, Baltisphaeridium tenuicomatum, Gorgonisphaeridium crebrum, Lophosphaeridium aequalium, L. aspersum, Micrhystridium infrequens, Pylantios hadrus, Sertulidium amplexum, Striatotheca indistincta, and Tribulidium globosum. Pylantios (typified by P. hadrus), Sertulidium (typified by S. amplexum), and Tribulidium (typified by T globosum); are defined as new acritarch genera. Three new combinations are instituted: Baltisphaeridium pugiatum (PLAYFORD & MARTIN 1984), Polygonium canningianum (COMRAZ & PENIGUEL 1972), and Sacculidium furtivum (PLAYFORD & MARTIN 1984); and Ammonidium macilentum PLAYFORD & MARTIN 1984 and Sacculidium furtivum (PLAYFORD & MARTIN 1984) are emended. An appreciable number of palynomorph species are not formally named owing to lack of sufficient or adequately preserved specimens; others are compared but not positively identified with previously instituted species. The ensuing Part Two of this study will complete the systematic-descriptive documentation, i.e., chitinozoans, and evaluate the Canning Basin palynoflora in terms of its chronological and stratigraphic-correlative significance.

Palynostratigraphy of Ordovician strata, Canning Basin, Western Australia. Part Two: chitinozoans and biostratigraphy

This second and concluding part of a comprehensive palynological study of the Lower to Middle Ordovician succession of the central-northeastern Canning Basin completes the systematic documentation of the palynomorphs, i.e., chitinozoans, and formulates a palynostratigraphic zonation scheme embracing all three constituent formations of this investigation, viz., the Willara, Goldwyer, and Nita formations. A total of 21 species of chitinozoans (five genera), detailed systematically herein, are identified. Although chitinozoan recovery per sample proved variable, the following species occur fairly persistently in the productive samples: Belonechitina micracantha, Conochitina subcylindrica, C. poumoti, C. langei, Calpichitina windjana, and Rhabdochitina magna. Five, stratigraphically successive acritarch/prasinophyte assemblage zones, ranging in age from early Arenig through late Llanvirn, are proposed as follows (ascending order): Athabascaella rossii Assemblage Zone (corresponding to the lower Willara Formation; and dated as early-mid Arenig); Comasphaeridium setaricum Assemblage Zone (upper Willara and lowermost Goldwyer; late Arenig-earliest Llanvirn); Sacculidium aduncum Assemblage Zone (lower Goldwyer; early Llanvirn); Aremorica-nium solaris Assemblage Zone (middle and lower upper Goldwyer; mid Llanvirn); and Dactylofusa striatogranulata Assemblage Zone (upper Goldwyer and lower Nita; late Llanvirn). Four chitinozoan assemblage zones, stratigraphically coinciding (within the limits of sampling) with the acritarch/prasinophyte zones, comprise (in ascending order): Lagenochitina combazi Assemblage Zone (equivalent to the A. rossii and L. heterorhabda Assemblage Zones); Conochitina langei Assemblage Zone; Conocbitina subcylindrica Assemblage Zone; and Belonecbitina micracantha Assemblage Zone. Chronostratigraphic assignments are based principally on associated conodont and graptolite faunas. Whereas the acritarch/prasinophyte zones bear scant similarities to those established globally elsewhere, the chitinozoan zones show significant affiliations with those known from Laurentia.

The Financial Benefit For Insurers : Mediate in Personal Injuries Disputes

Resolving insurance disputes can focus only on quantum. Where insurers adopt integrative solutions they can enjoy cost savings and higher customer satisfaction. An integratively managed process can expand the negotiation options. The potential inherent in plaintiff’s emotions to resolve matters on an emotional basis, rather than an economic one, is explored. Using research, the author demonstrates how mediations are more likely to obtain integrative outcomes than unmediated conferences. Using a combination of governmental reports, published studies and academic publications, the paper demonstrates how mediation is more likely to foster an environment where the parties communicate and cooperate. Research is employed to demonstrate where mediators can reduce hostilities, in circumstances where negotiating parties alone would likely fail. Generally the paper constructs an argument to support the proposition that mediation can offer insurers an effective mechanism to reduce costs and increase customer satisfaction. INTRODUCTION Mediation can offer insurers an effective mechanism to reduce costs and increase customer satisfaction. This paper will first demonstrate the differences between distributive and integrative outcomes. It is argued insurer’s interest can be far better served through obtaining an integrative solution. The paper explains how the mediator can assist both parties to obtain an integrative outcome. Simultaneously the paper explores the extreme difficulties conference participants face in obtaining an integrative outcome without a mediator in an adversarial climate. The mediator’s ability to assist in the facilitation of integrative information exchange, defuse hostilities and reality check expectations is discussed. The mediator’s ability to facilitate in this area is compared to the inability of conference participants to achieve similar results. This paper concludes, the potential financial benefit offered by integrative solutions, combined with the ability of mediation to deliver such outcomes where unmediated conferences cannot deliver, leads to the recommendation that insurers opt for a mediation to best serve their commercial interests.