Director liability for uncommercial transactions : is s 588G(1A) impotent to provide liquidators the means to seek compensation for creditors?

In the 10 years since the addition of uncommercial transactions to the table of deemed “debts incurred” in s 588G(1A) of the Corporations Act, the sub-section has arguably achieved little. This article explains why this has been so, and what needs to be done to enable this aspect of Australia’s insolvent trading laws to operate effectively and as originally intended.

The conundrum of phoenix activity: Is further reform necessary?

Phoenix activity presents a conundrum for the law and its regulators. While there is economic cost associated with all phoenix activity, the underlying behaviour is not always illegal. A transaction with indicators of phoenix activity may be an entirely innocent and well-intentioned display of entrepreneurial spirit, albeit one that has ended in failure. Restructuring post business failure is not illegal per se. Recent reforms targeting phoenix activity fail to grapple with the vast range of behaviour that can be described as phoenix activity since they do not differentiate between legal and illegal activity. This article explores the importance of the distinction between legal and illegal phoenix activity, the extent to which the existing law captures a range of behaviour that can be described as illegal phoenix activity and the response of key regulators and governmental bodies to the absence of single law that attempts to define illegal phoenix activity.

Protecting the most vulnerable in consumer credit transactions

There are two key ways in which the Australian Uniform Consumer Credit Code seeks to protect consumers in relation to consumer credit transactions. The first is by means of disclosure regulation where information is required to be disclosed to the consumer before the credit contract is entered into and the second is by way of “safety net” provisions, where contracts can be varied or set aside in the event of hardship, a finding that the transaction was unjust, or a finding of unconscionable fees or charges. This article explores the limitations of both of these means of protection, particularly in the case of vulnerable, low-income consumers. In order to highlight the inadequacies of these forms of consumer protection and the need for regulatory reform, we draw on interviews conducted with 30 low-income consumers who had recently signed a credit contract, focusing on their understanding of information disclosed in the contract, as well as their responses to hypothetical unfair terms and their understanding of their rights, for example in the event of an unjust transaction. These interviews were conducted as part of a joint research project between Brotherhood of St Laurence and Griffith University’s Centre for Credit and Consumer Law, funded by Consumer Affairs Victoria.

Transactions with chance in the garden

This paper discusses change and chance in order to develop a language that can then be used to discuss change in the garden. In the process, it puts forward the idea that to garden is to meddle with the teleonomy of the plants, their “will” to grow as they should. Different design conceptions of change are discussed, particularly the relation of style to design, suggesting that there is the possibility for a material language that both the discourses of gardening and landscape architecture shares that could negotiate this breach. A model or “transactions” between gardener and garden is put forward to begin to get to grips with the particular methods of “working at a remove”, that is, curating conditions rather than designing objects. The paper finally proposes that landscape architecture has to move away from a paranoid engagement with specifiable objects, to one where the designer grooms conditions and sensibilities, and gets out of the office.

Intimate transactions : art, exhibition and interaction within distributed network environments

The broad research questions of the book are: How can successful, interdisciplinary collaboration contribute to research innovation through Practice-led research? What contributes to the design, production and curation of successful new media art? What are the implications of exhibiting it across dual sites for artists, curators and participant audiences? Is it possible to create an 'intimate transaction' between people who are separated by vast distances but joined by interfaces and distributed networks? Centred on a new media work of the same name by the Transmute Collective (led by Keith Armstrong), this book provides insights from multidisciplinary perspectives. Visual, sound and performance artists, furniture designers, spatial architects, technology systems designers, and curators who collaborated in the production of Intimate Transactions discuss their design philosophies, working processes and resolution of this major new media work. Analytical and philosophical essays by international writers complement these writings on production. They consider how new media art, like Intimate Transactions, challenges traditional understandings of art, curatorial installation and exhibition experience because of the need to take into account interaction, the reconfiguration of space, co-presence, performativity and inter-site collaboration.

Estoppel in the face of consumer protection in land transactions- judicial reasoning or judicial intuition

Nationally, there is much legislation regulating land sale transactions, particularly in relation to seller disclosure of information. The statutes require strict compliance by a seller failing which, in general, a buyer can terminate the contract. In a number of instances, when buyers have sought to exercise these rights, sellers have alleged that buyers have either expressly or by conduct waived their rights to rely upon these statutes. This article examines the nature of these rights in this context, whether they are capable of waiver and, if so, what words or conduct might be sufficient to amount to waiver. The analysis finds that the law is in a very unsatisfactory state, that the operation of those rules that can be identified as having relevance are unevenly applied and concludes that sellers have, in the main, been unsuccessful in defeating buyers' statutory rights as a result of an alleged waiver by those buyers.

Equitable remedies for elder financial abuse in inter vivos transactions

Elder law is a growing area of legal practice due to the increasing numbers and proportions of older people in Australian society. The older generation has greater access to financial resources by way of retirement capital than ever before. Coupled with the current generation’s high level of debt and an increasing dependence on inheritances to meet these debts, this has created an environment in which the potential for elder financial abuse is increasing. This article examines how equitable remedies can be used as an avenue of redress for elder financial abuse. The effectiveness of these remedies, and in particular the prospect of a costs order being awarded against the perpetrator of the abuse in successful claims, may act as a deterrent and assist in preventing elder financial abuse from occurring.

Equity in estate litigation : setting aside inter vivos transactions post mortem on the grounds of undue influence and unconscionable bargains

Where the value of an estate of a deceased person has been diminished by intervivos transfers of property, equitable doctrines provide powerful tools for practitioners advising those who are seeking to claim benefits under wills (or an intestacy) and those seeking further and better provision from the deceased estate.

Transit passenger segmentation using travel regularity mined from Smart Card transactions data

Transit passenger market segmentation enables transit operators to target different classes of transit users to provide customized information and services. The Smart Card (SC) data, from Automated Fare Collection system, facilitates the understanding of multiday travel regularity of transit passengers, and can be used to segment them into identifiable classes of similar behaviors and needs. However, the use of SC data for market segmentation has attracted very limited attention in the literature. This paper proposes a novel methodology for mining spatial and temporal travel regularity from each individual passenger’s historical SC transactions and segments them into four segments of transit users. After reconstructing the travel itineraries from historical SC transactions, the paper adopts the Density-Based Spatial Clustering of Application with Noise (DBSCAN) algorithm to mine travel regularity of each SC user. The travel regularity is then used to segment SC users by an a priori market segmentation approach. The methodology proposed in this paper assists transit operators to understand their passengers and provide them oriented information and services.

Intimate Transactions Stage 4

A telepresence-based interactive installation allowing people at three sites (The National Art Museum of China, Beijing; The Imperial City Art Museum, Beijing; CalPoly University, California, USA) to interact simultaneously using only their bodies. Each participant used a physical interface called a ‘Bodyshelf’ and wore a sound vibration transmission device called a ‘haptic pendant’ around their necks. By gently moving their bodies and engaging through this ‘smart furniture’, they instigated ‘intimate transactions’, which influenced an evolving computationally-generated ‘world’ created from digital imagery, multichannel sound and tactile feedback. Intimate Transactions (Version 4) was the culmination of a long-term interdisciplinary research project developed in four distinct stages. It was launched in in 2008 and subsequently acquired on invitation by Professor Peter Weibel for the ZKM Media Art History Museum Karlsruhe in 2012.

Property law reforms in Queensland: Is the regulatory burden on land transactions reduced?

The reduction of unnecessary regulation was a clear policy objective of the Queensland government during 2014. In the area of property sales significant reforms were introduced from 1 December 2014. This article examines the key aspects of these reforms and whether there has been a reduction in red tape for sellers and buyers of land.

It might be yours there but it’s not down here: Issues arising under the PPSA in cross-border transactions

As a relatively new piece of legislation, the Personal Property Securities Act 2009 (Cth) (PPSA) is yet to be the subject of much significant judicial consideration. Whilst the position of the Australian courts is becoming clearer in relation to domestic disputes, parties to cross-border transactions continue to encounter an alarming number of uncertainties with respect to the enforcement and maintenance of their security interests. This article considers the relevant problematic provisions of the PPSA and considers them in light of the authorities dealing with corresponding legislation in other jurisdictions. It then attempts to provide some guidance and suggestions as to the best means of protecting security interests in cross-border transactions.

Random security scheme selection for mobile transactions

Security in a mobile communication environment is always a matter for concern, even after deploying many security techniques at device, network, and application levels. The end-to-end security for mobile applications can be made robust by developing dynamic schemes at application level which makes use of the existing security techniques varying in terms of space, time, and attacks complexities. In this paper we present a security techniques selection scheme for mobile transactions, called the Transactions-Based Security Scheme (TBSS). The TBSS uses intelligence to study, and analyzes the security implications of transactions under execution based on certain criterion such as user behaviors, transaction sensitivity levels, and credibility factors computed over the previous transactions by the users, network vulnerability, and device characteristics. The TBSS identifies a suitable level of security techniques from the repository, which consists of symmetric, and asymmetric types of security algorithms arranged in three complexity levels, covering various encryption/decryption techniques, digital signature schemes, andhashing techniques. From this identified level, one of the techniques is deployed randomly. The results shows that, there is a considerable reduction in security cost compared to static schemes, which employ pre-fixed security techniques to secure the transactions data.

Weak consistency of read-only transactions: A tool to improve concurrency in heterogeneous locking protocols

Three different types of consistencies, viz., semiweak, weak, and strong, of a read-only transaction in a schedule s of a set T of transactions are defined and these are compared with the existing notions of consistencies of a read-only transaction in a schedule. We present a technique that enables a user to control the consistency of a read-only transaction in heterogeneous locking protocols. Since the weak consistency of a read-only transaction improves concurrency in heterogeneous locking protocols, the users can help to improve concurrency in heterogeneous locking protocols by supplying the consistency requirements of read-only transactions. A heterogeneous locking protocol P' derived from a locking protocol P that uses exclusive mode locks only and ensures serializability need not be deadlock-free. We present a sufficient condition that ensures the deadlock-freeness of Pprime, when P is deadlock-free and all the read-only transactions in Pprime are two phase.