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Articles 1 - 30 of 41
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Fundamental Investment Research – Do Us Results Apply To Australian Investors?, Bruce Vanstone, Tobias Hahn, Gavin Finnie
Fundamental Investment Research – Do Us Results Apply To Australian Investors?, Bruce Vanstone, Tobias Hahn, Gavin Finnie
Bruce Vanstone
For many investors, the financial crisis of 2008 and 2009 has sparked renewed interest in value-based investment approaches. There is much published research supporting the use of fundamental analysis for value-based investment, and much of this research comes from the US. In previous articles, we have shown that US based fundamental investment research does not translate well to the Australian market. In this paper, we show how to test a well documented US fundamental investment strategy and find that it also does not transfer well to our Australian market.
Palaeoecology: A Tool To Improve The Management Of Australian Estuaries, Krystyna M. Saunders, Kathryn H. Taffs
Palaeoecology: A Tool To Improve The Management Of Australian Estuaries, Krystyna M. Saunders, Kathryn H. Taffs
Dr Kathryn H Taffs
Addressing environmental problems in estuaries is a worldwide problem. Establishing benchmarks and targets for management is critical, whether the aim is conservation, restoration or ‘sustainable wise use’. Palaeoecological techniques have rapidly improved during the past decade, particularly with advances in methods that allow high resolution quantitative assessments of environmental change, allowing pre-impact conditions, the rate, extent and direction of change, and range of natural variability to be determined. Australian estuarine ecosystems are qualitatively different to the often more well-studied estuaries in North America and Europe, which means site-specific studies of Australian estuaries are needed to inform management. While a potentially …
Sustainable Harvesting Of Tropical Rainforests: Reply To Keto, Scott And Olsen, Jerome K. Vanclay, E J. Rudder, Glenn Dale, G A. Blake
Sustainable Harvesting Of Tropical Rainforests: Reply To Keto, Scott And Olsen, Jerome K. Vanclay, E J. Rudder, Glenn Dale, G A. Blake
Professor Jerome K Vanclay
This paper refutes the Keto et al. proposition that the Queensland selection logging system is neither ecologically nor economically sustainable. The key requirements of this system are: (1) that logging guidelines are sympathetic to the silvicultural characteristics of the forest, ensuring adequate regeneration of commercial species and discouraging invasion by weeds; (2) tree-marking by trained staff specifies trees to be retained, trees to be removed and the direction of felling to ensure minimal damage to the residual stand; (3) logging equipment is appropriate and driven by trained operators to ensure minimal damage and soil disturbance, compaction and erosion; (4) prescriptions …
Incentives For Learning: Why American High School Students Compare So Poorly To Their Counterparts Overseas, John H. Bishop
Incentives For Learning: Why American High School Students Compare So Poorly To Their Counterparts Overseas, John H. Bishop
John H Bishop
[Excerpt] The scientific and mathematical competence of American high school students is generally recognized to be very low. The National Assessment of Educational Progress (NAEP) reports that only 7.5 percent of 17 year old students can "integrate specialized scientific information" (NAEP 1988a p.51) and 6.4 percent "demonstrated the capacity to apply mathematical operations in a variety of problem settings." (NAEP 1988b p. 42) There is a large gap between the science and math competence of young Americans and their counterparts overseas. In the 1960s, the low ranking of American high school students in such comparisons was attributed to the fact …
An Introduction To Jurisdictional Issues In Cyberspace, Dan Jerker B. Svantesson
An Introduction To Jurisdictional Issues In Cyberspace, Dan Jerker B. Svantesson
Dan Svantesson
Imagine a state proclaiming that it will claim jurisdiction over, and apply its laws to, any website that can be accessed from a computer located in its territory. The response would perhaps be outrage from some. Others would point to the ineffective nature of such a rule, and yet others would perhaps view the model as infeasible. Indeed, when the Advocate-General’s office of Minnesota in the mid 90’s issued a statement that: ‘[p]ersons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of …
Common Origin, Different Outcomes In Political Communication Defence: Using Principle And Policy To Trim The Square Peg, Jodie O'Leary
Common Origin, Different Outcomes In Political Communication Defence: Using Principle And Policy To Trim The Square Peg, Jodie O'Leary
Jodie O'Leary
In the past few years there has been considerable development in Commonwealth countries in the law of qualified privilege as it relates to political communication. Australia was the first to adopt an approach inconsistent with earlier authorities, in the High Court decision of Lange v ABC. The former Prime Minister of New Zealand also presented the opportunity for the New Zealand Court of Appeal to follow suit with their decision in Lange v Atkinson. This case proceeded to appeal in the Privy Council and the decision was handed down at the same time as the English decision of Reynolds v …
A Brief Thematic History Of Corporate Governance, John H. Farrar
A Brief Thematic History Of Corporate Governance, John H. Farrar
John H. Farrar
In this article we will examine some dominant themes in the history of corporate governance. This will necessarily be of an international nature since Australian and New Zealand owe much to their colonial inheritance and are currently influenced by North American ideas and yet do business with South East Asia where many of the legal systems are of a different background and history. Having identified major themes we shall see how they are relevant to Australia and New Zealand. In doing so we shall consider path dependence amongst other things.
Droughts And Big Baths Of Australian Agricultural Firms, Pamela Kent, Reza Monem, Glenn Cuffe
Droughts And Big Baths Of Australian Agricultural Firms, Pamela Kent, Reza Monem, Glenn Cuffe
Pamela Kent
Purpose – The purpose of this paper is to examine whether Australian agricultural firms display big bath behaviour during droughts by recognising extraordinary and abnormal losses. It is hypothesised that Australian agricultural firms are more likely to report big bath losses in drought years than in non-drought years and, in a given drought year, agricultural firms are more likely to report big bath losses than firms in other industries.
Design/methodology/approach – The authors analyse 405 firm-years data for agricultural firms over 1980-1995. For comparison, they also analyse matched-pair samples of 17 and 30 non-agricultural firms for the drought years of …
Will Our Law Be Competitive? Some Data Protection Requirements Considered, Jay Forder
Will Our Law Be Competitive? Some Data Protection Requirements Considered, Jay Forder
Jay Forder
[Extract] In a previous issue, we alluded to the analogy between the development of the Law Merchant and modern "cyberlaw". To be competitive and attract merchants in the Middle Ages, a Trade Fair organiser would have to adopt the best trade rules, or develop more efficient ones. The similarities are obvious. Since electronic commerce knows no boundaries, modern merchants will site their businesses where the legal infrastructure is most supportive. Malaysia’s Multimedia Super Corridor is an example of an early attempt to provide such a supportive infrastructure? Any country wishing to be a major player in the digital marketplace will …
Missing The Gold Coast Train? The Interaction Between Private Development And Three Levels Of Government Planning In Attempting To Co-Locate A New Railway Station And A Major New Town Centre, Daniel O'Hare
Daniel O'Hare
Queensland’s Gold Coast was established as a collection of coastal tourist resorts by the late 19th century. Private development was stimulated in the conventional way, by State government provision of public transport. The main resort areas flourished due to easy public access via two railway lines from the State capital Brisbane. During the 20th century a much larger network of Gold Coast holiday resorts and retirement suburbs was created due to the greater mobility allowed by increasing car ownership. By the 1960s, the original Gold Coast railway lines were removed, with their corridors eventually being redeveloped for a mix of …
The Current State Of Commercial Location-Based Service Offerings In Australia, Roba Abbas, K. Michael, M.G. Michael, Anas Aloudat
The Current State Of Commercial Location-Based Service Offerings In Australia, Roba Abbas, K. Michael, M.G. Michael, Anas Aloudat
M. G. Michael
Location-based services (LBS) provide geographic data for a variety of purposes, and through numerous devices such as mobile phones, GPS navigation systems, palm pilots and increasingly desktop computers. Presently, there is scant information relating to the current state of the LBS market, specifically location-based service applications in Australia. This study makes use of usability context analyses to examine Australia’s three leading telecommunications operators- Telstra, Optus and Vodafone- with a view to providing an overview of the types of services and solutions presently offered and targeted at the consumer, business and emergency segments. There are two units of analysis (i) the …
Well-Being And Its Discontents: A Critique Of Hamilton And Dennis’ Affluenza, Richard Hil, Grant Cairncross
Well-Being And Its Discontents: A Critique Of Hamilton And Dennis’ Affluenza, Richard Hil, Grant Cairncross
Grant Cairncross
This article develops a critique of Hamilton and Dennis's book Affluenza. In recognising many of the strengths of the book in terms of its focus on Australia's consumerist culture, the article nonetheless outlines a range of significant shortcomings in its argument, not least the tendency to overstate the prevalence of consumerist values, the narrow interpretation of what constitutes 'consumerism', the flawed assumptions over marketing, savings and 'downsizing', and the range of culturally loaded assumptions that underpin the text. In asserting that affluence rather than poverty is the main issue in Australia, Hamilton and Dennis tend to sweep aside deep and …
Shipwrecks, Asylum Seekers, And The Rule Of Law: The Tampa Case., Mary E. Hiscock
Shipwrecks, Asylum Seekers, And The Rule Of Law: The Tampa Case., Mary E. Hiscock
Mary Hiscock
Extract: As students of law and as citizens, we must be concerned not only with questions of law, but also with the merits of the government’s policy and actions towards asylum seekers. That is one of the reasons why we have elections. In forming our assessment of the policy, whether or not our government is acting in accordance with the obligations we have taken on internationally must be relevant. We do not want to belong to a country that is seen as an "international delinquent". Nor, it should be suggested, do we want to depart from our tradition of giving …
Access To Justice: Lawyers' Costs When Acting Pro Bono In Public Interest Litigation, Kay Lauchland
Access To Justice: Lawyers' Costs When Acting Pro Bono In Public Interest Litigation, Kay Lauchland
Kay Lauchland
Extract: Remember, in Australia, everyone is subject to the law, including the Prime Minister and the lawyers and each claimant for refugee status; even Queen Elizabeth II is subject to laws. Everyone who disputes the actions of the government and can raise a legitimate legal17 question about the use of government power is entitled to be heard by a court. Every litigant is entitled to be represented by a lawyer. But what if a litigant cannot get to the court? What if he is mentally disabled? What if she is in a coma after a car accident? What if he …
Access To Justice: Lawyers' Costs When Acting Pro Bono In Public Interest Litigation, Kay Lauchland
Access To Justice: Lawyers' Costs When Acting Pro Bono In Public Interest Litigation, Kay Lauchland
Kay Lauchland
Extract: Remember, in Australia, everyone is subject to the law, including the Prime Minister and the lawyers and each claimant for refugee status; even Queen Elizabeth II is subject to laws. Everyone who disputes the actions of the government and can raise a legitimate legal17 question about the use of government power is entitled to be heard by a court. Every litigant is entitled to be represented by a lawyer. But what if a litigant cannot get to the court? What if he is mentally disabled? What if she is in a coma after a car accident? What if he …
Avoiding The Clash Of The Titans: Contractual Compliance With Eu Privacy Protection Requirements, Jay Forder
Avoiding The Clash Of The Titans: Contractual Compliance With Eu Privacy Protection Requirements, Jay Forder
Jay Forder
[Extract] We have mentioned the EU Privacy Directive in previous issues. It takes a strong stand in prohibiting the transfer of electronic data from EU member countries to countries that do not have "adequate" privacy protection’ for personal data? The provisions come into effect this month (October 1998). Since the Directive was adopted in July 1995, commentators have speculated that it could disrupt the transfer of electronic data between the EU and countries such as the USA, Australia, Japan, and Canada. The Directive certainly reflects a major difference in approach between the European Union and other countries. The International Chamber …
The Iia Code Of Practice: 'Co-Regulation' Of The Internet Starts Here, Jay Forder
The Iia Code Of Practice: 'Co-Regulation' Of The Internet Starts Here, Jay Forder
Jay Forder
[Extract] The "Publication for Adoption" version of the lnternet Industry Association's ("IIA") Code of Practice was released on 9 December 1998. It has since undergone minor revisions and the latest version (4.2) is dated 12 February 1999. The IIA has worked on this Code since 1996, making drafts public and seeking feedback. With this version (4.2) they feel that the time has come to invite industry players to subscribe. But the Code isn't fixed in concrete - IIA contemplates that it will continue to evolve. The Code is intended to apply to content providers, Internet service providers (ISPs), programmers, vendors …
Email Policies Considered, Jay Forder, Patrick Quirk
Email Policies Considered, Jay Forder, Patrick Quirk
Jay Forder
[Extract] The worldwide electronic mail system is a part of, and yet quite distinct from, the Internet. It has a broader coverage than the Internet and has capabilities beyond mere communication between humans (e.g. it can be used to produce automatic responses between computers). The previous issue of "Law & Technology" considered legal liability for e-mail and highlighted the need for a corporate policy. We now consider what a sensible policy might contain.
Email Liability: Postcards From The Edge, Jay Forder, Patrick Quirk
Email Liability: Postcards From The Edge, Jay Forder, Patrick Quirk
Jay Forder
[Extract] Is an e-mail as private as a phone call or as public as a postcard? What are the legal implications of the wide use of this medium in the coming age of telecommuting? For various reasons when one compares "snail" mail with "e-mail", the latter seems far more dangerous.
Political Free Speech - How Far Does It Extend?, David Field
Political Free Speech - How Far Does It Extend?, David Field
David Field
Extract: Ever wondered, as you consume your nightly diet of television soap drama from State or Federal Parliament, what would happen if you said the same scurrilous things about public figures, but outside Parliament, where there is no suspension of the laws relating to defamation, and where you might invoke prosecution for fomenting public disorder? Are there any limits at all to what one can say in the interests of political free speech, or do the sensitive egos of politicians and public officials ensure that we are constrained in what we can say about them? This was the issue confronting …
The Insurance Crisis - Don't Forget The Victims, David Field
The Insurance Crisis - Don't Forget The Victims, David Field
David Field
Extract: One could hardly have failed, in recent months, to note that the insurance industry, Australia-wide, is in a state of crisis. Many factors have combined to create this state of affairs, but the net effect for many insurance companies has been that they can no longer afford to pay all the claims which they currently face, either at all, or without raising the premiums which they charge to a level which many people requiring insurance simply cannot pay.
Geo-Identification: – Now They Know Where You Live, Dan Jerker B. Svantesson
Geo-Identification: – Now They Know Where You Live, Dan Jerker B. Svantesson
Dan Svantesson
Imagine if website operators could know where you are located as you access their websites. They could then make sure that the content they provided was tailored to people from your location, and provided in the language spoken where you are located. Well, geo-identification – the practice of identifying the geographical location of those who are active online – is not science fiction. Rather, as we ‘surf the net’, we are frequently identified by location already today. For example, if you visit www.google.com while in Australia, you are automatically presented with the option of going to Google’s Australian website. This …
In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson
In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson
Dan Svantesson
This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia, the US and Sweden, and considers the criticism that has been raised against the doctrine. The author argues that some of this criticism is valid, some of it is valid only in relation to some countries’ application of the doctrine, and some of the criticism is unfounded. The author concludes that the test applied in Hong Kong and most other common law jurisdictions - the clearly or distinctly more appropriate forum test - is the better option. The author goes on to make a number …
Minding The Gaps - Reflecting On The Story Of Australian Mediation, Laurence Boulle
Minding The Gaps - Reflecting On The Story Of Australian Mediation, Laurence Boulle
Laurence Boulle
In the story of Australian mediation there are a number of gaps, in the sense of contradictions or incongruities. We might, in this early stage in our mediation history, be well advised to mind these gaps, in the sense of considering and reflecting upon their significance now and for the future. The focus in this article is mainly on the Australian experience, which I shall approach in terms of some broad themes and issues. One foot will be in the accumulated knowledge of the discipline and the other in anecdote, personal reflection on practice and poetic licence.
Connecting Diversity: Paradoxes Of Multicultural Australia, Ien Ang, Jeffrey E. Brand, Greg Noble, Jason Sternberg
Connecting Diversity: Paradoxes Of Multicultural Australia, Ien Ang, Jeffrey E. Brand, Greg Noble, Jason Sternberg
Jeffrey Brand
Commissioned by SBS, and published in March 2006, Connecting Diversity: Paradoxes of Multicultural Australia is a follow-up study to SBS’s 2002 report, Living Diversity: Australia’s Multicultural Future. The attitudes of many younger Australians from culturally diverse backgrounds reveal paradoxes about Australian multiculturalism today. This report sheds light on their views, experiences and expectations and the role of media in their lives. Younger, culturally and linguistically diverse Australians are often the subject of mediafanned controversy about disaffection, ‘ethnic gangs’ and cultural isolation. While these controversies tend to be localised – Cronulla, Inala or Bankstown – Connecting Diversity tells a national and …
Living Diversity: Australia’S Multicultural Future, Ien Ang, Jeffrey E. Brand, Greg Noble, Derek Wilding
Living Diversity: Australia’S Multicultural Future, Ien Ang, Jeffrey E. Brand, Greg Noble, Derek Wilding
Jeffrey Brand
In 2002, SBS commissioned research into trends in multicultural Australia. This study gives us a glimpse of the ‘diversity within diversity’of Australians’engagement with multiculturalism, their senses of identity and belonging, the ways in which they engage with others of different backgrounds, and their uses of media in a multicultural society. The overall picture is one of a fluid, plural and complex society, with a majority of the population positively accepting of the cultural diversity that is an increasingly routine part of Australian life, although a third is still uncertain or ambivalent about cultural diversity. In practice, most Australians, from whatever …
An Exploration Of Automobile Insurance Fraud, Robyn Lincoln, Helene Wells, Wayne Petherick
An Exploration Of Automobile Insurance Fraud, Robyn Lincoln, Helene Wells, Wayne Petherick
Robyn Lincoln
This exploratory study analyses claiming behaviour within the automobile insurance industry. A local insurance company provided 32 automobile insurance claims thus permitting qualitative and quantitative analysis. This study enunciates non-fraudulent claiming behaviour as the sample included only a low number of suspected fraud cases. Variables contained within each of the claim files were analysed, as were the statements of the insured individuals. Each claimant is required to provide two written statements to the local insurance company and these statements were analysed for consistency and detail. The overall findings revealed that claimants were generally employed, middle-aged males who were sober at …
Risk And Resilience: Crime And Violence Prevention In Aboriginal Communities, Ross Homel, Robyn Lincoln, Bruce Herd
Risk And Resilience: Crime And Violence Prevention In Aboriginal Communities, Ross Homel, Robyn Lincoln, Bruce Herd
Robyn Lincoln
Developmental prevention involves the manipulation of multiple risk and protective factors early in developmental pathways that lead to offending, often at transition points between life phases. The emphasis is not just on individuals but also their social contexts. Risk and protective factors for crime and violence in Aboriginal communities include such standard factors as child abuse, school failure and supportive family environments, but additional factors arise from unique aspects of Aboriginal history, culture and social structure. This paper draws on existing literature, interviews with urban Aboriginal community workers, and data from the Sibling Study to delineate those interrelated risk factors …
Clubs And Violence : A Follow-Up Evaluation Of The Surfers Paradise Safety Action Plan, Robyn Lincoln, Michelle Mustchin
Clubs And Violence : A Follow-Up Evaluation Of The Surfers Paradise Safety Action Plan, Robyn Lincoln, Michelle Mustchin
Robyn Lincoln
The aim of this study is an assessment of the effectiveness of the safety action plan to reduce violence in nightclub precincts, which was implemented in Surfers Paradise in 1993. The focus of this report is the evaluation of the 1999 data collection, and whether there has been a decrease in the role alcohol plays in aggressive and violent behaviour in entertainment venues. The data were collected from 17 different nightclubs around the Cavill Mall and Orchid Avenue areas in Surfers Paradise. The observations were made by Bond University student researchers between 23 February and 14 April 1999. The same …
Deborah’S Law: The Effects Of Naming And Shaming On Sex Offenders In Australia, Carol Ronken, Robyn Lincoln
Deborah’S Law: The Effects Of Naming And Shaming On Sex Offenders In Australia, Carol Ronken, Robyn Lincoln
Robyn Lincoln
Community notification laws for sex offenders are now widespread in the USA and there is considerable interest in introducing them in Australia. Along with these public moves to name and shame, there has been a parallel increase in private forms of naming and shaming through ‘outing’ of sex offenders. This article examines both public and private notification to conclude from the few studies available that they fail to achieve their goals and lead to significant unintended consequences. The article analyses The Australian Paedophile and Sex Offender Index (Coddington, 1997), a prime exemplar of the private domain of notification, to explore …