Dissertations / Theses on the topic 'Property – Australia'
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1
Coghlan, Julian. "An analysis of property trusts in Australia /." Title page, contents and introduction only, 1985. http://web4.library.adelaide.edu.au/theses/09EC/09ecc676.pdf.
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Babie, Paul Theodore. "Crown land in Australia." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:7e3678b3-a274-468c-bbc0-ef348bb51a00.
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Property theory has long explored the meaning and content of private property. Similarly, one finds no shortage of analysis of common or communitarian property. In the theoretical literature, however, one finds very little writing about public property, a third, very significant, type of property. This lack of attention is not due to a lack of examples; on the contrary, examples abound. This thesis offers a theoretical analysis of one such example: Crown land in Australia. Crown land is a largely forgotten and therefore under-analysed aspect of Australian real property law. This lack of analysis has produced significant confusion in recent judicial developments concerning Australian common law native title. In order to alleviate the potential for confusion, this thesis fills a long-standing gap in the literature of Australian real property law. In order to fill this gap and to provide a much-needed analytical account, it is necessary to make use of working definitions of private, public and communitarian property. This thesis provides each. First, using JW Hams' Property and Justice, it constructs a working definition of private property. From that, by way of contrast, a working definition of public property is offered. Finally, by way of contrast to both private and public property, a working definition of communitarian property is also developed. Armed with working definitions of private, public and communitarian property, the thesis provides an analytical account of Crown land in Australia. It describes Crown land as the quasi-ownership use-privileges and control-powers which the Crown, by virtue of its prerogative power over land, enjoys in Australian land. The Crown enjoys differently packaged bundles of such privileges and powers over many different sorts of land, such as those which have never been allocated for any use, specific natural resources such as minerals or petroleum, those over which Australia's Aboriginal peoples enjoy native title, and even those over which private persons hold freehold estates or statutory leases. All such lands, due to the Crown's quasi-ownership privileges and powers therein, can be called Crown land, which embraces a continuum of locations, each defined by a unique package of such privileges and powers over the relevant type of land. The thesis calls this the Crown land continuum, which, in its totality, is a working example of public property.
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Campi, T. A. "Unemployment and property crime : South Australia during the depression /." Title page, contents and summary & conclusion only, 1989. http://web4.library.adelaide.edu.au/theses/09EC/09ecc196.pdf.
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Batten, Bronwyn. "From prehistory to history shared perspectives in Australian heritage interpretation /." Thesis, Electronic version, 2005. http://hdl.handle.net/1959.14/445.
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Thesis (Ph.D.)--Macquarie University, Division of Society, Culture, Media and Philosophy, Warawara - Dept. of Indigenous Studies, 2005.Bibliography: p. 248-265.
Introduction and method -- General issues in heritage interpretation: Monuments and memorials; Museums; Other issues -- Historic site case studies: Parramatta Park and Old Government House; The Meeting Place Precinct - Botany Bay National Park; Myall Creek -- Discussion and conclusions.
It has long been established that in Australia contemporary (post-contact) Aboriginal history has suffered as a result of the colonisation process. Aboriginal history was seen as belonging in the realm of prehistory, rather than in contemporary historical discourses. Attempts have now been made to reinstate indigenous history into local, regional and national historical narratives. The field of heritage interpretation however, still largely relegates Aboriginal heritage to prehistory. This thesis investigates the ways in which Aborigianl history can be incorporated into the interpetation of contemporary or post-contact history at heritage sites. The thesis uses the principle of 'shared history' as outlined by the Council for Aboriginal Reconciliation, as a starting point in these discussions.
Electronic reproduction.
viii, 265 p., bound : ill. ; 30 cm.
Mode of access; World Wide Web.
Also available in print form
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Peppard, William F. "Future trends in institutional property asset allocation in Australia (the 1990s)." Thesis, Queensland University of Technology, 1993. https://eprints.qut.edu.au/226960/1/T%28BE%26E%29%201534_Peppard_1993.pdf.
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The focus of this study into future trends in Australian institutional property investment
was a survey of major Australian institutional property investors.
The survey is divided into two sections focusing initially on property as an asset class
and subsequently on the allocative mix of property type within investment portfolios.
The results of the survey were compared with comparable Australian surveys and
subsequently identified an allocative sector trend toward retail property over office
property and an allocative geographic trend toward property located in New South
Wales and Queensland in preference to Victoria.
The survey underlined the future sustainability of property as an important asset class
within the allocative mix of institutional investment portfolios, providing for a
benchmark allocation range of 14-16%.
An extensive literature review was undertaken and a theoretical outline is provided.
This study compares theory and practice where applicable.
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Preller, Ferdinand Theodorus. "A critical assessment of pre-construction property development principles and process in Queensland, Australia." Thesis, Curtin University, 2009. http://hdl.handle.net/20.500.11937/1009.
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Research evidence suggests that property development is an integrated process revolving around numerous concepts that link distinct phases in the development cycle. This study acquaints the reader with key performance areas that make up the integrated development process. It conducts a literature discourse and empirical assessment of the pre-construction principles and process of commercial property development. The theoretical exploration of the study area establishes a sound secondary data base from which the comparative empirical research is conducted by way of questionnaires issued to and received from a sample of Queensland based property developers. Data obtained from the questionnaires is statistically analysed and explored.This study also seeks to explore the common principles and characteristics of the property development process as they occur prior to the commencement of construction activities, within the context of commercial property in broadly capitalist terms - i.e. commercial entities seeking profit. The approach taken is to match theory, from the literature on models of the development process, with practice.The study finds that Queensland based property developers do indeed apply sound pre-construction development principles and process within a structured framework. The findings also concluded that the following three key performance areas identified in the study make up the pre-construction development framework and are equally soundly applied by the property developers. • Location studies and site selection. • Market research and property markets. • Feasibility principles, design development and financial analysis.
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Macko, Filip. "Způsoby ocenění v Austrálii." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2019. http://www.nusl.cz/ntk/nusl-402600.
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Master’s thesis deals with real estate valuation in Australia. The introductory part deals with the definition of the terms used in the work, for its better understanding. Furthermore, it discusses the development of valuation theory and its relation to economic ideas and various aspects that have influenced its development. The thesis then deals with methods of real estate valuation, their division and specific features. The thesis also discusses the current state of the real estate market on the Australian continent and outlines its possible future development. The experimental section describes the valuation of a particular property in Australia and describes which particular properties affect its cost.
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Dahmash, Firas Naim. "An examination of the value relevance and bias in the accounting treatment of intangible assets in Australia and the US over the period 1994-2003 using the Feltham and Ohlson (1995) framework." University of Western Australia. Financial Studies Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0145.
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[Truncated abstract] The primary aim of this study was to examine, and compare, the value relevance and any bias associated with the reporting of intangible assets in Australia and the US over the ten-year period 1994 to 2003. The study adopts a disaggregated form of the Feltham and Ohlson (1995) valuation model and associated linear information models (LIMs) to allow goodwill and identifiable intangible assets to be separately examined using unbalanced panel regression analysis. The results for the Australian sample suggest that the adaptation of the Feltham and Ohlson (1995) valuation model used in this study is particularly useful in examining Australian equity securities. For example, the pooled sample analysis results in an adjusted R2 of 71%, which is consistent with similar US studies by Ahmed, Morton and Schaefer (2000) and Amir, Kirscenheiter and Willard (1997). Further, the results from the disaggregated Feltham and Ohlson (1995) valuation models suggest that the information presented with respect to intangible assets (both goodwill and identifiable intangible assets) under Australian GAAP is value relevant. However, the results from the valuation models also suggest that (for the average Australian company) the market believes goodwill is reported conservatively and identifiable intangible assets aggressively. ... As noted earlier, the increasing importance of intangible assets in the `new-economy’ suggests that (wherever possible having regard to the measurement difficulties) all intangible assets should be recognised in financial statements to maximise the value relevance of those statements. It should be noted, however, that there was some evidence to suggest that certain Australian companies (that is, those not consistently reporting positive abnormal operating earnings) might be reporting goodwill and/or identifiable intangible assets aggressively and this is an area that standard setters might need to carefully consider in future. I trust that the findings presented in this study will prove helpful to both researchers and those involved with formulating international accounting standards in this particularly difficult area of intangible assets. I also hope the results will help to allay any fears regulators (and others) might have that providing managers with accounting discretion will (necessarily) lead to biased reporting practices; based on the findings of this study for the majority of Australian and US companies, any such fears appear unwarranted.
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Rimmer, Matthew Rhys. "The pirate bazaar the social life of copyright law." View electronic text, 2001. http://eprints.anu.edu.au/documents/disk0/00/00/08/14/index.html.
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Available via the Australian National University Library Electronic Pre and Post Print Repository. Title from title screen (viewed Mar. 28, 2003) Includes bibliographical references. Mode of access: World Wide Web.
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Kishore, Rohit, University of Western Sydney, College of Law and Business, and of Construction Property and Planning School. "The Impact of size and value effects on listed property trust performance." THESIS_CLAB_CPP_Kishore_R.xml, 2004. http://handle.uws.edu.au:8081/1959.7/468.
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The purpose of this dissertation is to determine whether size and book value to market value (BV/MV) effects dominate the property effects in the return generating process for Listed Property Trusts (LPTs) in Australia.The study endeavours to answer a critical question regarding listed property investment vehicles. That is, are they stocks or property? The approach, however, differs from previous studies in that it avoids utilising direct property data because of the inherent valuation-smoothing problems.Instead, it develops unique specialised indices for LPTs by size and BV/MV ratios. The analyses are conducted in four different ways. Amongst other findings, it is suggested that the two well known stock market effects, namely size and BV/MV effects, are significant in LPT returns. As such, by way of inference, it is suggested that property effects in LPT returns are subsumed under the effects of these two factors. The findings support the hybrid-asset hypothesis for LPTs; that is, LPTs are an asset class of its own, sharing to an extent, the characteristics of both shares and property direct.Doctor of Philosophy (PhD)
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Regan, Michael Ernest. "The relationship between capitilisation, taxation and non-residential property return." Thesis, Queensland University of Technology, 2000.
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Tan, Yen Keng, University of Western Sydney, College of Law and Business, and of Construction Property and Planning School. "Strategic investment issues for listed property trusts." THESIS_CLAB_CPP_Tan_Y.xml, 2004. http://handle.uws.edu.au:8081/1959.7/623.
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In the context of Listed Property Trusts (LPTs), three strategic investment issues have received considerable prominence in recent years. This thesis focuses on both the quantitative and qualitative aspects of these three strategic investment issues. 1/ the role of international property in LPTs 2/ the effect of stapled-securities management structure 3/ the performance of property securities funds. The three investment issues are assessed in some detail. The findings of the research suggest that the addition of international LPTs in the Australian LPT portfolio has resulted in significant diversification gains. The findings of the mixed-asset portfolio analysis suggest adding international LPTs to the Australian mixed-asset portfolio.Portfolio performance improved considerably. Mixed-asset portfolio performance is further enhanced when direct property is included. It is evident from the study that the property research discussed has led to the development of new LPT methodologies and a fuller understanding of the investment dynamics of the LPT sector in Australia.Doctor of Philosophy (PhD)
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Anderson, Jane Elizabeth Law Faculty of Law UNSW. "The production of indigenous knowledge in intellectual property law." Awarded by:University of New South Wales. School of Law, 2003. http://handle.unsw.edu.au/1959.4/20491.
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The thesis is an exploration of how indigenous knowledge has emerged as a subject within Australian intellectual property law. It uses the context of copyright law to illustrate this development. The work presents an analysis of the political, social and cultural intersections that influence legal possibilities and effect practical expectations of the law in this area. The dilemma of protecting indigenous knowledge resonates with tensions that characterise intellectual property as a whole. The metaphysical dimensions of intellectual property have always been insecure but these difficulties come to the fore with the identification of boundaries and markers that establish property in indigenous subject matter. While intellectual property law is always managing difference, the politics of law are more transparent when managing indigenous concerns. Rather than assume the naturalness of the category of indigenous knowledge within law, this work interrogates the politics of its construction precisely as a ???special??? category. Employing a multidisciplinary methodology, engaging theories of governmental rationality that draws upon the scholarship of Michel Foucault to appreciate strategies of managing and directing knowledge, the thesis considers how the politics of law is infused by cultural, political, bureaucratic and individual factors. Key elements in Australia that have pushed the law to consider expressions of indigenous knowledge in intellectual property can be located in changing political environments, governmental intervention through strategic reports, cultural sensitivity articulated in case law and innovative instances of individual agency. The intersection of these elements reveals a dynamic that exerts influence in the shape the law takes.
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Armitage, Lynne Audrey. "The role of property market analysis in the valuation of investment grade property." Thesis, Queensland University of Technology, 1999. https://eprints.qut.edu.au/36086/13/Lynne_Armitage_Thesis.pdf.
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The determination of the value of investment grade property in Australia has been the subject of much criticism in the professional and, to a lesser extent, the public press in recent years. Two of the three principal components of the valuation process - those relating to the identification of the property and associated interests and to the calculation of value - have, as a consequence, benefited from closer scrutiny resulting in more rigorous practice. The third component, that of the analysis of the property in the market context, has notexperienced the same level of attention.
It is the purpose of this study to more fully investigate the nature of the analysis of the
property market process. This has been approached through two main avenues: literature review and empirical survey. The review of the academic and professional literature ranged across a number of related professional fields to establish the context of the study and then adopted a more specific focus on the relevant valuation literature. The first part of the literature review established that there was no consensus evident from the related professional and academic fields regarding the nature of the property market process to guide valuers. The second part indicated similar diversity between valuers - academic and professional. This discordance begged further enquiry which was undertaken through a postal survey of 1722 members of the Australian Institute of Valuers and Land Economists (AIVLE) (now the Australian Property Institute, API). The method adopted for the survey was to approach a number of practising valuers, through unstructured interviews to obtain a range of consensual themes around which a questionnaire was structured. These related to the background of the respondents, their views on market analysis and their identification of factors they consider important influences on the property market. A pilot survey was carried out, the questionnaire revised, then distributed and the 240 responses analysed using a segmentation (or multiple classification) approach. The analysis of the data yielded both narrative and statistical results, for which the responses were considered under four filter groups relating to duration of professional experience, academic qualification, stream of AIVLE membership and dominance of professional practice.
The principal finding of the study is, that whilst valuers' views on the nature of the property market accord closely with those of the literature, when questioned further on the factors
they consider important when undertaking a valuation, their focus is narrow, retrospective and property-based thereby supporting the criticisms found in the literature. The inference is that practising valuers have as clear an understanding of the property market process as do
the commentators but do not demonstrate it in their work. The reasons for this may be a consequence of the respondents' education, their understanding of what is now appropriate in practice or it may be that they are merely responding to the limited expectations of many clients. These findings have implications for valuers' education and professional practice in the future when, as the valuation profession itself perversely recognises, it may be
anticipated that valuation is likely to become a more rigorous process. This research has identified this paradox as a target for further study.
In addition to identifying this paradox, other original contributions to knowledge which have emerged include a definition of property market analysis, comprehensive details of many aspects of valuers' education, experience and attitudes together with critical analysis and synthesis of the background and focal literature in this area - which has not previously been
undertaken, most specifically in the Australian context. Comparative analysis of aspects of British, Australian and American literature has been made and the study concludes with a number of proposals for further research. These include more detailed investigation into the reporting of market analysis for specific property types; into the characteristics of Australian valuers compared to those overseas and further inquiry into identification of appropriate standards for market analysis, leading to the generation of benchmarks and parameters of quality and fitness for purpose which are of concern for the profession, for academics, educators and regulators.
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Filipi, Igor. "Thermal history and reservoir property correlations with hydrocarbon type, North West Shelf, Australia /." Title page, contents and abstract only, 2001. http://web4.library.adelaide.edu.au/theses/09SB/09sbf483.pdf.
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Hogarth, Jane T. "The politics of World Heritage listing in South Australia /." Title page, table of contents and summary only, 1990. http://web4.library.adelaide.edu.au/theses/09ENV/09envH715.pdf.
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Chan, Hok Kee Nelson. "Contaminated land valuation and the problem of stigma." Phd thesis, Australia : Macquarie University, 2001. http://hdl.handle.net/1959.14/48464.
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Thesis (PhD)--Macquarie University, Graduate School of the Environment, 2001.Bibliography: p. 10-1 to 10-23.
An overview of contaminated land issues -- Land contamination law -- The impact of environmental planning on contaminated land value -- Identification and management of contaminated land -- Contaminated land valuation method - an overview -- Current stigma assessment methods -- Suggested method for stigma assessment -- General conclusion.
This dissertation is about the valuation of contaminated land and the problem of stigma. The value of contaminated land is to a large extent affected by statutory regulations. Stigma, if it exists, is another factor that has significant impact on contaminated land value. This thesis looks at the relevant laws governing contaminated land in Australia. It also introduces an alternative method to assess the stigma factor. -- Contaminated land is a major environmental problem. Apart from causing actual or potential threats to human health and the environment, contaminated land also leads to legal liabilities and financial losses to the landowner. Regarding financial losses, they may be costs to meet legal requirements in relation to clean up and long term monitoring expenses. In addition, they may be losses due to a drop in market value and/or rental of the property, longer vacancy periods, high remediation and monitoring costs. In the extreme case, the property may lose marketability completely. -- Regarding valuation methods, most valuers use traditional valuation methods with arbitrary adjustments. The most straightforward method is the impaired value (affected value) approach. It requires the valuer to assess the property on a clean land basis. From the unimpaired (clean) value, other financial losses due to contamination, remediation costs and stigma value loss are deducted to get the impaired value. The most difficult part is to quantify stigma impact. The existing stigma assessment methods are not satisfactory. Alternative and non-traditional methods are available. However they are academic and are not suitable for day-to-day operation of a valuer. This thesis suggests a multi-criteria decision-making model to assess stigma impact. The target stigma factor is obtained by processing the relevant criteria with the Analytic Hierarchy Process (AHP) method. The best alternative from the model is the reasonable stigma factor for the property.
Mode of access: World Wide Web.
various pagings ill. (some col.)
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Bartholomew, Peter G. "Personal rights, property rights and Section 55(2) of the Copyright Act 1968 : a consideration of the adaptation right in the compulsory licensing scheme for recording of musical works." Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36898/1/36898_Digitised%20Thesis.pdf.
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Lemoine, April J. Williams Stephen L. "Repatriation of cultural property in museums a balance of values and national agendas /." Waco, Tex. : Baylor University, 2007. http://hdl.handle.net/2104/5073.
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Esposito, Antonio Kurt. "The history of the Torrens system of land registration with special reference to its German origins." Adelaide, S.A. : School of Law, University of Adelaide, 2000. http://web4.library.adelaide.edu.au/theses/09LM/09lme77.pdf.
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Includes bibliographical references. The origins of the Torrens System of land registration are not clear. Examines the claim of Dr. Ulrich Hübbe who asserted that he collaborated with Torrens to bring about the adoption of the land law of his hometown Hamburg in the form of the Real Property Act 1858 (SA). An historical examination (collecting and analysing all relevant historical sources), shows that it is likely that Hübbe was the actual draftsman, while a comparative legal analysis (contrasting Hamburg's land law at the beginning of the 19th century with the first bill of the Act) demonstrates that there is a strong similarity between Hamburg's land registration system and the original Torrens System; and, that the outstanding differences between the systems can be explained by the natural adaptation processes which are implied by the adoption of laws.
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Travouillon, Kenny James Biological Earth & Environmental Sciences Faculty of Science UNSW. "Palaeoecological and biochronological studies of Riversleigh, world heritage property, Oligo-Miocene fossil localities, north-western Queensland, Australia." Publisher:University of New South Wales. Biological, Earth & Environmental Sciences, 2008. http://handle.unsw.edu.au/1959.4/41305.
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Riversleigh, World Heritage Property, located in North-western Queensland, Australia, contains over 200 fossil bearing localities from the Oligo-Miocene. The study presented here aims at finding new methods to improve the accuracy of palaeoecological and biochronological studies and describe the palaeoenvironmental and chronological settings of the Riversleigh fossil deposits. One of the methods developed in this thesis, Minimum Sample Richness (MSR), determines the minimum number of species that must be present in a fauna to allow meaningful comparisons using multivariate analyses. Using MSR, several Riversleigh localities were selected for a palaeoecological study using the cenogram method to determine the palaeoenvironment during the Oligo-Miocene. Finally, the Numerical ages method was used to refine the relative ages of the Riversleigh localities and a re-diagnosis of the Riversleigh Systems is proposed.
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Daly, Jacqueline Elizabeth. "Consumer behaviour in the valuation of residential property : a comparative study in the United Kingdom, Ireland and Australia." Thesis, University of South Wales, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364814.
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Lamlert, Wariya. "International uncertainty in the exceptions for individual use in copyright law : a comparative study of Australia and Thailand /." Canberra, 2007. http://erl.canberra.edu.au/public/adt-AUC20080912.140432/index.html.
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Parkin, Stephanie. "The theft of culture and inauthentic art and craft: Australian consumer law and Indigenous intellectual property." Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/205870/2/Stephanie_Parkin_Thesis.pdf.
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This thesis addresses the 2017 Parliamentary Inquiry into the ‘growing presence of inauthentic Aboriginal and Torres Strait Islander ‘style’ art and craft products and merchandise for sale across Australia’. Inauthentic art and craft is Aboriginal ‘style’ souvenir products that are created without the involvement of an Aboriginal person. This thesis prioritises the evidence of Aboriginal and Torres Strait Islander people to the 2017 Inquiry, investigates intellectual property and consumer law and explores colonial influences and power dynamics that allow inauthentic art and craft to exist. This thesis answers the question: ‘How can the law protect Aboriginal cultural expression from exploitation?’
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Ludlow, Karinne Anne. "Which little piggy to market? : legal challenges to the commercialisation of agricultural genetically modified organisms in Australia." Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/5489.
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Newman, Sheila, and smnaesp@alphalink com au. "The growth lobby and its absence the relationship between the property development and housing industries and immigration policy in Australia and France." Swinburne University of Technology, 2002. http://adt.lib.swin.edu.au./public/adt-VSWT20060710.144805.
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This thesis compares population policy and demographic outcomes in France and Australia from 1945 taking into consideration projections to 2050. These features are analysed using a theoretical approach derived from James Q. Wilson and Gary Freeman, flagging focused benefits/costs and diffuse benefits/costs of population growth, including growth fueled by immigration. This analysis is framed by the New Ecological Paradigm developed by Dunlap and Catton.
The oil shock of 1973 is identified as a major turning point where French and Australian policy directions and demographic trends diverge, notably on immigration.
It is established that in both countries there was a will for population stabilisation and energy conservation, which succeeded in France. In Australia, however, a strong, organised growth lobby over-rode this Malthusian tendency. A major force for growth lay in the speculative property development and housing industries. The specific qualities of the Australian land development planning and housing system facilitated land speculation. Speculative opportunity and profits were increased by population growth and, with decreasing fertility rates, the industries concerned relied increasingly on high immigration rates. In France, to the contrary, the land development planning and housing industries had no similar dependency on immigration and, since the oil shock, have adapted to a declining population growth rate.
The author concludes that France has a relatively Malthusian economy and that Australia has a relatively Cornucopian one. These observations may be extrapolated respectively to non-English speaking Western European States and to English Speaking Settler States.
Speculative benefits from population growth/immigration are illustrated by demonstrating a relationship between ratcheting property price inflation in high overseas immigration cities in Australia and the near absence of this inflation in low growth areas. In contrast this ratcheting effect is absent in France and French cities where population growth and immigration have little influence on the property market.
The research suggests that speculative benefits of high population growth have been magnified by globalisation of the property market and that these rising stakes are likely to increase the difficulty of population stabilisation and energy conservation under the Australian land development and planning system.
The thesis contains a substantial appendix analysing and comparing French and Australian demographic and energy use statistics.
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Forsyth, Guy, and N/A. "A minimalist sui generis legislative proposal for the application of common law principles to the protection of computer software." University of Canberra. Law, 1998. http://erl.canberra.edu.au./public/adt-AUC20090714.142532.
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This thesis examines the development of copyright and patent protection in the United States, United Kingdom and Australia and proposes that intellectual property is not the correct mechanism for protecting computer software. Both copyright and patent protection are evaluated in relation to their application to protecting the various elements of software.
The increased desire for patent protection of software in the United States has recently impacted the debate over the correct regime for intellectual property protection. There has also been a corresponding restriction in the application of copyright protection by the courts. Combined with an undercurrent of sui generis software legislation being advocated by academia this has lead to the situation where there is continuing uncertainty over which method of protection should be provided for software.
It will be shown that copyright is inadequate for the protection of computer software and that it does not address the correct element requiring protection. Patents, by corollary, provide protection that is excessive. The socio-economic effects of patent protection will be shown to demonstrate that it is not a worthy successor or adjunct to copyright. While copyright has attempted to protect one aspect (source code) patents have attempted to protect another (functionality). The thesis identifies the fundamental flaws in the protection offered by both regimes and proposes that they are equally unsuitable for the protection of software.
Software will be shown to possess a diverse array of elements that are largely indivisible if adequate protection is to be provided. It is proposed that software be considered as a new form of property, referred to as Binary property, which covers informational and information processing entities. Further, the existing common law principles should be applied to the aspects that are at the heart of the intellectual property protection dilemma. In reality the elements requiring protection in software are activities that wrongfully duplicate a work or replicate it to create clones. It will be shown that the common law principles of theft, trespass, breach of contract and passing-off are suitable for protecting developers from these infringements. It will also be contended that any legislative intervention should be limited so that a certain degree of replication is allowable where there is a benefit to society through technological
advancement or enhancement through standardisation. As such the application of common law principles are applied in a minimalist legalistic environment.
The minimalist approach takes the position that there should be minimal legislative intervention in the computer industry. It proposes that there should be legislative intervention to enable the existing common law to take account of computer technology and provide for its continuing impact on society that will accelerate into the next millennium. It further shows that the continuing development of computer technology will outpace intellectual property necessitating the recognition of computer software as a unique form of new property in existing jurisprudence. The application of existing common law principles of property and the reduction in the monopolistic nature of intellectual property will not only benefit the highly dynamic and creative international computer industry but it will also be in the best interests of the Australian software development industry.
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Srisomwong, Rung, and n/a. "The protection of pre-registration rights in land: a comparative study of gazumping in Australian and other juridictions." University of Canberra. Law, 2005. http://erl.canberra.edu.au./public/adt-AUC20060725.124549.
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The purpose of this thesis is to examine the problem of gazumping, to consider the various factors which give rise to it, to examine the adequacy of existing legal doctrine in redressing it, to explore statutory provisions designed to reduce gazumping and to propose reform of the law to address the problem.
The term gazumping refers to a practice by which a vendor accepts a purchaser's offer to purchase land or property, and before exchanging contracts, withdraws from the existing agreement in order to accept a higher price from another purchaser.
This thesis proceeds on the assumption that gazumping is an undesirable practice, particularly from the prospective purchaser' perspective. The practice of gazumping initially boomed in a volatile property market with constantly rising house prices and where demand exceeded supply. A purchaser who believes he or she has secured the purchase of his or her desired property may suffer emotional stress and significant costs which cannot be recovered when the vendor reneges on his or her agreement.
The thesis notes that gazumping occurs at the pre-contractual stage in the sale of property because there is no legally binding relationship before the formal exchange of contracts. The thesis posits that the existing law in various Australian jurisdictions offers inadequate protection to prospective purchasers of property. The thesis examines the inadequacy of existing legal doctrines and remedies in addressing the problem of gazumping at the pre-contractual stage and arrives at the conclusion that existing legal doctrine is inadequate. The thesis notes legislative and other measures in response to gazumping in Australia and other common law jurisdictions and concludes that these too were inadequate in not going far enough to eliminate or reduce gazumping. The competing merits of these approaches are considered.
The thesis establishes that the solution to gazumping lies in an early protection of the purchaser�s interest in land. This is because as soon as an agreement is enforceable the purchaser acquires an equitable interest and in the event of any breach of the agreement by the vendor, the purchaser, as a general rule, can obtain either damages or specific performance.
The thesis raises seven key recommendations for law reform aimed to minimise the occurrence of gazumping and to provide the purchaser with tools against the practice of gazumping. It considers that the recommendations can minimise the undesirable practice of gazumping where the current law is inadequate and also achieve several other objectives.
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Bryant, Lyndall Elaine. "Who really pays for urban infrastructure? : the impact of developer infrastructure charges on housing affordability in Brisbane, Australia." Thesis, Queensland University of Technology, 2015. https://eprints.qut.edu.au/81348/1/Lyndall_Bryant_Thesis.pdf.
Full textAbstract:
This thesis advances the understanding of the impact of developer infrastructure charges on housing affordability in Brisbane, Australia through the development of an econometric model and empirical analysis. The results indicate substantial on-passing of these government charges to purchasers of both new and existing homes, thus negatively impacting housing affordability across the whole community. The results of this thesis will inform policy makers and assist in the development of evidence based policy related to housing affordability and funding of urban infrastructure. Being generic, the econometric model is expected to be a tool that is suitable for estimating similar house price effects in other housing markets.
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Costello, Greg. "Price discovery and information diffusion in the Perth housing market 1988-2000." UWA Business School, 2004. http://theses.library.uwa.edu.au/adt-WU2005.0034.
Full textAbstract:
[Truncated abstract] This thesis examines informational efficiency and price discovery processes within the Perth housing market for the period 1988-2000 by utilising a rich source of Western Australian Valuer General’s Office (VGO) data. Fama’s (1970) classification of market efficiency as potentially weak form, semi-strong, or strong form has been a dominant paradigm in tests of market efficiency in many asset markets. While there are some parallels, the results of tests in this thesis suggest there are also limitations in applying this paradigm to housing markets. The institutional structure of housing markets dictates that a deeper recognition of important housing market characteristics is required. Efficiency in housing markets is desirable in that if prices provide accurate signals for purchase or disposition of real estate assets this will facilitate the correct allocation of scarce financial resources for housing services. The theory of efficient markets suggests that it is desirable for information diffusion processes in a large aggregate housing market to facilitate price corrections. In an efficient housing market, these processes can be observed and will enable housing units to be exchanged with an absence of market failure in all price and location segments. Throughout this thesis there is an emphasis on disaggregation of the Perth housing market both by price and location criteria. Results indicate that the Perth housing market is characterised by varying levels of informational inefficiency in both price and location segments and there are some important pricing-size influences.
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Foster, Karen L. "Amphetamines and Western Australian detainees: A social profile." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2012. https://ro.ecu.edu.au/theses/487.
Full textAbstract:
The current study utilised data collected from the Australian Institute of Criminology’s project known as Drug Use Monitoring in Australia (DUMA). The DUMA project examined detainees’ social demographics and past and present drug use, at various Australian sites. The current study examined secondary data as a subset of the DUMA data collected from the East Perth lockup in Western Australia. Three sections of the DUMA data were analysed in this study (i) changes in amphetamine use by detainees (ii) demographic profile of detained amphetamine users and (iii) offences for which they have been detained. Analyses included chi-square tests, Kendall’s tau_b, ANOVA, and descriptive statistics, which were used in order to ascertain if a change between the three main sections had occurred overtime (1999-2006). Results showed detainees’ amphetamine use increased during the ‘heroin drought’. The profile demographic of detainee amphetamine users showed some significant changes overtime; a majority were male, aged between 18 to 34 years, and most likely to be unemployed. The study also showed detainee amphetamine users were most likely to commit offences against property, rather than offences against a person. Recommendations include detainees be offered drug counselling where appropriate and have access to resources assisting with gaining long-term employment.
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Shay, Richard Michael. "Users' entitlements under the fair dealing exceptions to copyright." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71691.
Full textAbstract:
Thesis (LLM)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: This thesis analyses current South African copyright law to ascertain the proper interpretation and application of the fair dealing provisions contained in the Copyright Act 98 of 1978. Copyright law ensures that authors’ works are not used without their consent, which they can grant subject to compensation or conditions attached to the use. Fair dealing exceptions allow the general public to use copyright works for certain purposes without the copyright owner’s consent and without paying compensation. These provisions are intended to balance copyright owners’ interests with the interest that members of the public have in using copyright works for socially beneficial purposes. These provisions typically allow the use of a copyright work for the purposes of research or private study, personal or private use, criticism and review, and news reporting. Unfortunately there is no South African case law concerning the fair dealing provisions, and the application of these exceptions remains unclear. This study aims to clarify the extent of application of the fair dealing exceptions to copyright infringement so that courts may be more willing to consider foreign and international law and in doing so develop South African intellectual property law. The social and economic policy considerations underlying the fair dealing exceptions are considered to determine their function. International conventions relating to copyright and neighbouring rights are examined, specifically the provisions allowing exceptions to copyright. The legislation and case law of Australia and the United Kingdom are analysed to determine the proper interpretation and application of these statutory defences. This knowledge is then used to inform South African law. The Copyright Act 98 of 1978 does not contain a fair dealing exception for parody and satire. Australian legislation does contain such an exception, and it is analysed in that context. An exception for parody is proposed for South African law, and the need for and application of this provision is considered. The constitutionality of the proposed exception is evaluated in terms of its impact on the constitutional property rights of copyright owners.
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek Suid-Afrikaanse outeursreg om die behoorlike uitleg en toepassing van die “billike gebruik”-bepalings in die Wet op Outeursreg 98 van 1978 te bepaal. Outeursreg beskerm die werk van ʼn outeur teen ongemagtigde gebruik van haar intellektuele eiendom. Gebruik kan deur die outeur gemagtig word, òf teen vergoeding òf onderhewig aan bepaalde voorwaardes. Artikels 12-19B (die billike gebruik-bepalings) van die Wet op Outeursreg laat ander toe om sekere werke te gebruik sonder die toestemming van die eienaar van die werk en sonder om vergoeding te betaal. Die bepalings streef om ʼn balans te tref tussen die belange van die outeur en die belange van die publiek. ʼn Werk mag volgens hierdie bepalings tipies gebruik word vir die doeleindes van navorsing of private studie, persoonlike of private gebruik, beoordeling of resensie, of om nuus te rapporteer. Daar is tans geen Suid-Afrikaanse regspraak rakende hierdie uitsonderings nie, en hul toepassing is dus onseker. Hierdie tesis beoog om die werking van die billike gebruik-bepalings duidelik uiteen te sit om hoër gewilligheid in howe te skep om internasionale en buitelandse reg toe te pas, en sodoende Suid-Afrikaanse immateriële goederereg te ontwikkel. Die sosiale en ekonomiese beleidsoorwegings wat die bepalings ondersteun word geanaliseer om die doel daarvan te bepaal. Internasionale outeursreg-verdragte word bespreek om ʼn raamwerk vir die uitsonderings te skep. Wetgewing en regspraak van Australië en die Verenigde Koninkryk word ondersoek, en die kennis wat daar opgedoen word, word toegepas op die Suid-Afrikaanse bepalings. Die Wet op Outeursreg 98 van 1978 bevat geen uitsondering vir die doeleindes van parodie en satire nie. Die Australiese Wet op Outeursreg 63 van 1968 bevat wel so ʼn uitsondering, en dit word in hierdie verband beoordeel. ʼn Uitsondering vir parodie en satire word voorgestel en oorweeg in die konteks van Suid-Afrikaanse outeursreg. Die grondwetlikheid van die voorgestelde uitsondering word bepaal na aanleiding van die impak wat dit sal hê op outeurs se eiendomsreg.
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Warren, Clive M. J. "Commercial property asset management in the Australian public sector : towards best practice procurement /." [St. Lucia, Qld.], 2006. http://adt.library.uq.edu.au/public/adt-QU20060508.150150/index.html.
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Christen, Kimberly. "Properly Warumungu : indigenous future-making in a remote Australian town /." Diss., Digital Dissertations Database. Restricted to UC campuses, 2004. http://uclibs.org/PID/11984.
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Shahwan, Yousef Said. "The Australian market perception of goodwill and identifiable intangibles /." View thesis, 2002. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030925.150453/index.html.
Full textAbstract:
Thesis (Ph.D.) -- University of Western Sydney, 2002.A thesis presented to the University of Western Sydney in fulfilment of the requirements for the degree of Doctor of Philosophy, June, 2002. Text missing p. 64. Bibliography : leaves 208-221.
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Domingues, Catia Motta, and Catia Domingues@csiro au. "Kinematics and Heat Budget of the Leeuwin Current." Flinders University. SOCPES, 2006. http://catalogue.flinders.edu.au./local/adt/public/adt-SFU20060612.211358.
Full textAbstract:
This study investigates the upper ocean circulation along the west Australian coast, based
on recent observations (WOCE ICM6, 1994/96) and numerical output from the 1/6 degree Parallel Ocean
Program model (POP11B 1993/97). Particularly, we identify the source regions of the Leeuwin
Current, quantify its mean and seasonal variability in terms of volume, heat and salt transports,
and examine its heat balance (cooling mechanism). This also leads to further understanding of the
regional circulation associated with the Leeuwin Undercurrent, the Eastern Gyral Current and the
southeast Indian Subtropical Gyre.
The tropical and subtropical sources of the Leeuwin Current are understood from an
online numerical particle tracking. Some of the new findings are the Tropical Indian Ocean source
of the Leeuwin Current (in addition to the Indonesian Throughflow/Pacific); the Eastern Gyral
Current as a recirculation of the South Equatorial Current; the subtropical source of the Leeuwin
Current fed by relatively narrow subsurface-intensified eastward jets in the Subtropical Gyre, which
are also a major source for the Subtropical Water (salinity maximum) as observed in the Leeuwin
Undercurrent along the ICM6 section at 22 degrees S.
The ICM6 current meter array reveals a rich vertical current structure near North West
Cape (22 degrees S). The coastal part of the Leeuwin Current has dominant synoptic variability and
occasionally contains large spikes in its transport time series arising from the passage of tropical
cyclones. On the mean, it is weaker and shallower compared to further downstream, and it only
transports Tropical Water, of a variable content. The Leeuwin Undercurrent carries Subtropical
Water, South Indian Central Water and Antarctic Intermediate Water equatorward between
150/250 to 500/750 m. There is a poleward flow just below the undercurrent which advects a
mixed Intermediate Water, partially associated with outflows from the Red Sea and Persian Gulf.
Narrow bottom-intensified currents are also observed.
The 5-year mean model Leeuwin Current is a year-round poleward flow between 22 degrees S and
34 degrees S. It progressively deepens, from 150 to 300 m depth. Latitudinal variations in its volume
transport are a response to lateral inflows/outflows. It has double the transport at 34 degrees S (-2.2 Sv)
compared to at 22 degrees S (-1.2 Sv). These model estimates, however, may underestimate the transport
of the Leeuwin Current by 50%. Along its path, the current becomes cooler (6 degrees C), saltier (0.6 psu)
and denser (2 kg m -3). At seasonal scales, a stronger poleward flow in May-June advects the
warmest and freshest waters along the west Australian coast. This advection is apparently spun up
by the arrival of a poleward Kelvin wave in April, and reinforced by a minimum in the equatorward
wind stress during July.
In the model heat balance, the Leeuwin Current is significantly cooled by the eddy heat
flux divergence (4 degrees C out of 6 degrees C), associated with mechanisms operating at submonthly time scales.
However, exactly which mechanisms it is not yet clear. Air-sea fluxes only account for ~30% of the
cooling and seasonal rectification is negligible. The eddy heat divergence, originating over a narrow
region along the outer edge of the Leeuwin Current, is responsible for a considerable warming of a
vast area of the adjacent ocean interior, which is then associated with strong heat losses to the
atmosphere. The model westward eddy heat flux estimates are considerably larger than those
associated with long lived warm core eddies detaching from the Leeuwin Current and moving
offshore. This suggests that these mesoscale features are not the main mechanism responsible for
the cooling of the Leeuwin Current. We suspect instead that short lived warm core eddies might
play an important role.
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Mason, Renate Surveying & Spatial Information Systems Faculty of Engineering UNSW. "Developing Australian Spatial Data Policies - Existing Practices and Future Strategies." Awarded by:University of New South Wales. Surveying and Spatial Information Systems, 2002. http://handle.unsw.edu.au/1959.4/18646.
Full textAbstract:
This thesis investigates the problems associated with the development of Spatial Data Infrastructures (SDIs). The results of this investigation are used as input for the development of new spatial data policy strategies for individual organisations to enable an improved better facilitation of SDIs. Policy issues that need to be considered by an organisation when developing spatial data policies, were identified as being: SDI requirements; organisational issues; technical issues; Governmental/organisational duties; ownership/custodianship; privacy and confidentiality; legal liability, contracts and licences; Intellectual Property Law; economic analysis; data management; outreach, cooperation and political mandate; and users' choices, rights and obligations. In order to gain an understanding of current spatial data policy practices and to device new policy strategies a spatial data survey was conducted. This survey addressed the identified SDI problem areas. Some 6630 questionnaires were mailed out with more than 400 responses returned. These were reduced to 379 useful responses. Once analysed, the results were compared with the findings of the SDI investigation and used throughout the thesis. The results of the analysis to the spatial data survey are displayed in tables and graphs throughout Chapters 3, 4, 5 and 6 and in Appendix 2. The tables and graphs show the answers to the questions asked in the questionnaire as a percentage of the total number of respondents. The survey discovered that many organisations had no spatial data policies, nor individual policies on spatial data pricing and/or intellectual property protection. This thesis established that SDI requirements are not being met by many spatial data policies used by individual organisations. Hence, the thesis studied the spatial data policy issues that are involved when an organisation develops new policies with the aim to aid the development of SDIs. It uniquely established current Australian spatial data policy practices in the areas of spatial data quality, access, pricing, and legal issues to form the basis for future strategies. It reviewed the current knowledge of intellectual property law applied to spatial data and devised new approaches to deal with all the identified policy issues. Finally, the thesis defines spatial data policies that facilitate SDI development.
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North, MacLaren. "Protecting the past for the public good archaeology and Australian heritage law /." Connect to full text, 2007. http://hdl.handle.net/2123/1602.
Full textAbstract:
Thesis (Ph. D.)--University of Sydney, 2007.Title from title screen (viewed 25 March 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Dept. of Archaeology, Faculty of Arts. Degree awarded 2007; thesis originally submitted 2006, corrected version submitted 2007. Includes bibliographical references. Also available in print form.
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Hunter, Andrew G. "Philosophical justification and the legal accomodation of Indigenous ritual objects an Australian study /." Connect to thesis, 2006. http://portal.ecu.edu.au/adt-public/adt-ECU2006.0029.html.
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Loff, Beatrice. "Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions." Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.
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Long, Stephen. "Gidyea fire : a study of the transformation and maintenance of Aboriginal place properties on the Georgina River /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18943.pdf.
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Hefferan, Michael. "An examination of the interface between commercial property assets and contemporary knowledge-intensive firms - demands, responses and priorities." Thesis, Queensland University of Technology, 2006. https://eprints.qut.edu.au/16411/1/Michael_Hefferan_Thesis.pdf.
Full textAbstract:
Economic and other forces over recent years have resulted in the rise, in size and importance, of a group within the business community known as "knowledge-intensive firms". These organisations typically operate in such sectors as information and communication technology, specialist engineering and other services, consulting, research spin-out companies, multimedia, advertising and education and, in effect, trade in the development, management and adaptation of contemporary knowledge. They are often small-to-medium enterprises and use new business and operational models drawing together human and social capital, contemporary ICT, technologies and networks to produce intangible knowledge products.
This research work investigates the interface between those firms and the commercial property assets that provide a platform and environment for their activities.
The accommodation of significant change may hold challenges for such large-scale built assets. However, this work considers that evolutionary change is achievable and will present new opportunities for property as integrated and adaptable business environments, responsive to changing demands.
The research methodology involves a literature review establishing key economic, business, built environment and social capital parameters for these emerging firms and their operations. That review is reinforced by both primary data collection from 36 knowledge-intensive firms and by the investigation of four relevant but diverse case studies. To allow this wide body of information to be distilled, a Delphi process, using a panel of ten experts, has been successfully applied to prioritise the demand drivers for start-up, established and mature knowledge-intensive firms in the South East Queensland environment. Consensus was secured after four rounds. These outcomes have been again tested against the four previous case studies and a further case study not previously investigated.
Conclusions establish that these firms do have priority requirements in their demands for commercial property and that such demands evolve as firms progress through their various stages of development. Overall, firms through all development stages were strongly influenced in locational decisions by business plans parameters, the importance of attracting quality staff, and the provision of an office environment most conducive to the performance of these individuals and teams. Only in the early, start-up stage was accommodation cost a determining factor. Further, the research establishes that significant opportunities exist for the development sector, particularly in the re-use of older buildings and in the creation of clusters. To achieve this, however, new approaches to development and asset and property management may be required.
As a result of this research, it is anticipated that asset owners and managers will be better able to align both new and existing commercial buildings to these emerging demands and opportunities.
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Hefferan, Michael. "An examination of the interface between commercial property assets and contemporary knowledge-intensive firms - demands, responses and priorities." Queensland University of Technology, 2006. http://eprints.qut.edu.au/16411/.
Full textAbstract:
Economic and other forces over recent years have resulted in the rise, in size and importance, of a group within the business community known as "knowledge-intensive firms". These organisations typically operate in such sectors as information and communication technology, specialist engineering and other services, consulting, research spin-out companies, multimedia, advertising and education and, in effect, trade in the development, management and adaptation of contemporary knowledge. They are often small-to-medium enterprises and use new business and operational models drawing together human and social capital, contemporary ICT, technologies and networks to produce intangible knowledge products. This research work investigates the interface between those firms and the commercial property assets that provide a platform and environment for their activities. The accommodation of significant change may hold challenges for such large-scale built assets. However, this work considers that evolutionary change is achievable and will present new opportunities for property as integrated and adaptable business environments, responsive to changing demands. The research methodology involves a literature review establishing key economic, business, built environment and social capital parameters for these emerging firms and their operations. That review is reinforced by both primary data collection from 36 knowledge-intensive firms and by the investigation of four relevant but diverse case studies. To allow this wide body of information to be distilled, a Delphi process, using a panel of ten experts, has been successfully applied to prioritise the demand drivers for start-up, established and mature knowledge-intensive firms in the South East Queensland environment. Consensus was secured after four rounds. These outcomes have been again tested against the four previous case studies and a further case study not previously investigated. Conclusions establish that these firms do have priority requirements in their demands for commercial property and that such demands evolve as firms progress through their various stages of development. Overall, firms through all development stages were strongly influenced in locational decisions by business plans parameters, the importance of attracting quality staff, and the provision of an office environment most conducive to the performance of these individuals and teams. Only in the early, start-up stage was accommodation cost a determining factor. Further, the research establishes that significant opportunities exist for the development sector, particularly in the re-use of older buildings and in the creation of clusters. To achieve this, however, new approaches to development and asset and property management may be required. As a result of this research, it is anticipated that asset owners and managers will be better able to align both new and existing commercial buildings to these emerging demands and opportunities.
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McNeice, Kelly University of Ballarat. "Window on an era : Geelong : a post-industrial city." University of Ballarat, 2007. http://archimedes.ballarat.edu.au:8080/vital/access/HandleResolver/1959.17/12786.
Full textAbstract:
"Non-economical industrial sites are being demolished in Geelong, making way for alternative economic development. Whilst progress is inevitable, I question the wisdom of short-term financial gain over long-term loss of identity. The association of industrial buildings with the concept of cultural heritage, art and architecture does not seem so incongrous in other parts of the world."--leaf 2.Master of Arts (Visual Arts)
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McNeice, Kelly. "Window on an era : Geelong : a post-industrial city." University of Ballarat, 2007. http://archimedes.ballarat.edu.au:8080/vital/access/HandleResolver/1959.17/14620.
Full textAbstract:
"Non-economical industrial sites are being demolished in Geelong, making way for alternative economic development. Whilst progress is inevitable, I question the wisdom of short-term financial gain over long-term loss of identity. The association of industrial buildings with the concept of cultural heritage, art and architecture does not seem so incongrous in other parts of the world."--leaf 2.Master of Arts (Visual Arts)
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Helth, Ulrich. "Der Schutz der kommerziellen Aspekte der Persönlichkeit im australischen Recht /." Baden-Baden : Nomos, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016139809&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Pavis, Mathilde Goizane Alice. "The author-performer divide in intellectual property law : a comparative analysis of the American, Australian, British and French legal frameworks." Thesis, University of Exeter, 2016. http://hdl.handle.net/10871/23692.
Full textAbstract:
Western intellectual property frameworks have at least one feature in common: performers are less protected than authors. This situation knows many justifications, although all but one have been dismissed by the literature: performers are simply less creative than authors. As a result, the legal protection covering their work has been proportionally reduced compared to that of their authorial peers. This thesis investigates this phenomenon that it calls the 'author-performer divide'. It uncovers the culturally-rooted principles and legal reasoning that policy-makers and judges of Australia, France, the United Kingdom and the United States have developed to create in the legal narrative a hierarchy between authors and performers. It reveals that those intellectual property systems, though continuously reformed, still contain outdated conceptions of creativity based on the belief in ex nihilo creation and over-intellectualised representations of the creative process. Those two precepts combined have led legal discourse to portray performers as their authors' puppets, thus underserving of authorship themselves. This thesis reviews arguments raised against improving the performers' regime to challenge the preconception of performers as uncreative agents and questions the divide it supports. To this end, it seeks to update the representations of creativity currently conveyed in the law by drawing on the findings of other academic disciplines such as creativity research, performance theories as well as music, theatre and dance studies. This comparative inter-disciplinary study aims to move current legal debates on performers' rights away from the recurring themes and repeated arguments in the scholarship such as issues of fixation or of competing claims, all of which have made conversations stagnate. By including disciplines beyond the law, this analysis seeks to advance the legal literature on the question of performers' intellectual property protection and shift thinking about performative forms of creativity.
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Hughes, Angela Farnell. "The impact of spin on Australian real estate journalism : a Queensland study." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/32173/1/Angela_Hughes_Thesis.pdf.
Full textAbstract:
Regardless of ‘bear’ or ‘bull’ markets, the great Australian dream remains to own your own home. Central to this dream of home ownership is unflagging interest in the property market, reflected in bulging real estate news sections of newspapers in South East Queensland, the focus area for this thesis research.
While there has been much scholarly research into other areas of public relations spin and its impact on news-gathering processes, there appears to be next to no research on real estate spin, how it is prepared and by whom, and journalism’s attitude to and the managing of the spin. Real estate spin remains an under-researched topic requiring further investigation not only in South East Queensland but Australia-wide given the ‘big bucks’ allotted to the promotion of real estate and the income it generates for news media outlets, particularly newspapers. This thesis examines the influence of public relations practitioners and journalists specialising in real estate spin through interviews, content analysis, and how real estate spin envelopes itself in today’s society.
From content analyses and observations of journalism in the real estate rounds of the two major newspapers in South East Queensland, I found that journalists were using massive quantities of real estate spin supplied by PR practitioners and other associated industry sources. This spin is supplanting investigative newsroom journalism, thus allowing newspapers to operate with minimal staffing levels yet still able to publish large weekly real estate news sections. My research also revealed growing commercialisation of real estate news through increasing outsourcing of journalistic work to a writing bureau, which could jeopardise both the professions of journalism and public relations in the future.
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Bell, Francesca A. "The requirement to be fit and proper: What does it mean to Australian psychologists?" Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2015. https://ro.ecu.edu.au/theses/2072.
Full textAbstract:
The phrase fit and proper is used in the Health Practitioners Regulation National Law Act (Qld), 2009, which came into effect nationally in 2010 and governs psychologists. As with previous legislation that used the phrase, the legislator does not define fit and proper, leaving it up to each profession to determine its exact meaning and inform the courts accordingly. A review of the literature established that to date no Australian psychologist has attempted to define the construct. This means that Australian lawyers do not get any guidance from psychologists regarding how they should interpret the phrase fit and proper in relation to psychologists. Ideally, however, the beliefs of psychologists as a group should inform any definition of what constitutes a fit and proper psychologist. In the absence of such research, the purpose of this study was to determine Australian psychologists’ understanding of the construct.
During Stage One, semi-structured interviews with 16 Western Australian psychologists explored what they considered constituted a fit and proper psychologist. Using a grounded theory approach, the data analysis revealed 2 superordinate components to fitness and propriety. Participants believed that a fit and proper psychologist had 11 person features. These person features could be split into 3 categories, namely capability, character, and conduct. The second component, termed system issues contained the categories of selection and screening, monitoring, regulation, and prevention and remediation.
The aim with Stage Two was to determine whether other Australian psychologists agreed that the 11 person features described a fit and proper psychologist, and if they did, how they ranked them. A cognitive interviewing strategy was employed to add rigour to the design of a questionnaire and to provide confirmation of the person features constructed from the Stage One interviews. The cognitive interview process established that 2 of the original 11 person features were too broad. As a result, both of these features were split into two, giving a total of thirteen person features that were included in the questionnaire. A representative sample of 226 Australian psychologists completed the questionnaire that collected both qualitative and quantitative data. Participants classified 8 features as critically important and 5 as important features of a fit and proper psychologist, with self-awareness ranked as the most important feature.
An analysis of the qualitative data revealed a third superordinate component, termed moderators. Moderators, such as impact on practice, alter each person feature from a black and white concept to a nuanced and more complex one. Moderators build flexibility into the person features and allow for the role of each in fitness and propriety to alter according to a psychologist’s life stage and circumstance.
Australian psychologists believe that a fit and proper psychologist exists in a professional system comprising psychologists themselves and bodies that perform a variety of functions related to the establishment, development, and regulation of standards in the profession. A fit and proper psychologist possesses 13 key person features that can be maintained because of moderating factors. This understanding has implications for psychologists, service users, regulators, and the judiciary.