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Artigos de revistas sobre o assunto "Law – australia – interpretation and construction"
1
Anderssen, Diana. "Indigenous Australia and the pre-legal society in HLA Hart’s The Concept of Law". Journal of Legal Philosophy 48, n.º 1 (31 de maio de 2023): 1–37. http://dx.doi.org/10.4337/jlp.2023.01.01.
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The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has disregarded the knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’.
2
Fishman, Paulina. "Statutory Misinterpretation: Rash Holding in Brash Holdings". Federal Law Review 45, n.º 2 (junho de 2017): 199–221. http://dx.doi.org/10.1177/0067205x1704500203.
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The modern approach to statutory construction guides the judiciary, the legal profession, litigants, and academics in interpreting the myriad legislative provisions in Australian law. Yet what if critical sections have been construed in ways that are irreconcilable with the basic rules of modern statutory interpretation? One of the most important commercial statutes in the country is the Corporations Act 2001 (Cth). This article exposes one instance of misinterpretation in respect of that statute, contained in a decision of a unanimous Full Court of the Supreme Court of Victoria, and makes proposals for resolving such quandaries.
3
Choi, Joonseok. "Historiography of Interpretations of Television Format Copyright: A Political Economic Perspective". SAGE Open 13, n.º 1 (janeiro de 2023): 215824402311583. http://dx.doi.org/10.1177/21582440231158329.
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Television formats (e.g., The Masked Singer) have been traded for 20 years without firm legal protection. This paper performs a political economic analysis of this uncertainty in the legal protection of formats by examining television format copyright infringement disputes in the United States, the Netherlands, Australia, and Brazil in the early 2000s. The cases show two dimensions of format copyright: the formation of the authorship of television formats and the construction of infringement. By examining the two dimensions of the cases, this paper demonstrates that the present state of television format copyright was an outcome of an ideological process that was enacted by the interaction between a territorial logic of law and a transnational logic of capital, expressed through actors such as multinational corporations, domestic corporations, and legal institutions.
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Boiko, I. V. "Novak Djokovic's case: analysis of some principles of administrative procedure". Analytical and Comparative Jurisprudence, n.º 4 (28 de abril de 2022): 128–33. http://dx.doi.org/10.24144/2788-6018.2021.04.22.
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The article analyzes in detail the content of some principles of administrative procedure on the example of the well-known case of revoking the Minister of Migration, Citizenship, Migrant Services and Multicultural Affairs of Australia visa issued to Serbian tennis player Novak Djokovic. Emphasis is placed on the principle of protection of trust (legitimate interest) of the person to maintain the administrative act, according to which a person can count on the fact that the action taken against him will not be arbitrarily terminated, and therefore the law must clearly define the conditions which the administrative body may revoke the administrative act. It is determined that the power to revoke an administrative act is discretionary, which is enshrined in law through the legal construction of "may", and therefore, its application should be in accordance with the principle of legality in compliance with the following requirements: law; implementation within the limits and in the manner provided by the Constitution of Ukraine and the law; aimed at achieving the purpose for which the discretionary power was granted; impossibility to deviate from previous decisions made by the same administrative body in the same or similar cases, except in justified cases. The content of public interest as one of the grounds for revocation of an administrative act is studied, the interpretation of public interest in the Ukrainian legal doctrine is given. The importance of substantiating an administrative act as a guarantee of proper exercise of discretion in revoking an administrative act on the grounds of protection of public interest, which will allow a person to get acquainted with the motives of the administrative body in adopting a negative administrative act the person of such a decision.
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Ignatieva, Maria, Diana Dushkova, Daniel Jan Martin, Fahimeh Mofrad, Katherine Stewart e Michael Hughes. "From One to Many Natures: Integrating Divergent Urban Nature Visions to Support Nature-Based Solutions in Australia and Europe". Sustainability 15, n.º 5 (6 de março de 2023): 4640. http://dx.doi.org/10.3390/su15054640.
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Urban nature and ways of protecting, designing and even mimicking natural processes are some of the most popular themes inspiring humanities and natural science studies in different disciplines around the globe. Urban nature, green infrastructure and nature-based solutions are three intertwined concepts. This paper will highlight some of the many visions for urban nature (e.g., four urban natures: native, cultivated, designed/horticultural and spontaneous natures) and interpretations of nature-based solutions. While there are some similarities in the interpretation of urban natures by different disciplines, some significant differences exist. This paper analyses and synthesises knowledge from divergent theoretical concepts of urban natures in Europe and Australia, and the associated ecological concepts of novel and designed ecosystems. The complexity of urban natures and native landscapes has fostered the development of several typologies that often lead to misunderstanding between discipline areas and difficulties with practical implementation, such as in urban planning or landscape design. We argue that differences in interpreting the scope of urban nature are often underlined by the specific socio-political, historical, cultural and ecological contexts of a country or region (e.g., Australia and Europe). By applying an interdisciplinary approach, we explore the concept of urban natures by analysing and synthesising links between different disciplines. A transdisciplinary perspective is an important premise for collaboration between ecological sciences and landscape architecture in many restoration projects, or when social and ecological sciences jointly address societal challenges with the help of nature-based solutions co-created using participatory approaches. The latter highlights the role of transdisciplinary research to link practitioners, policymakers and scientists, helping to engage with citizens and inform design. The analysis of several examples from Europe and Australia allowed us to depict different approaches to existing urban natures and methods of their design, enhancement and conservation. These examples highlight that different urban natures are sources of inspiration for nature-based solutions that can be successfully implemented in contemporary landscape and planning practice.
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Hopkins, John, e Anne Bardoel. "The Future Is Hybrid: How Organisations Are Designing and Supporting Sustainable Hybrid Work Models in Post-Pandemic Australia". Sustainability 15, n.º 4 (8 de fevereiro de 2023): 3086. http://dx.doi.org/10.3390/su15043086.
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Hybrid work models have rapidly become the most common work arrangement for many knowledge workers, affording them with improved work–life balance and greater levels of job satisfaction, but little research has been conducted to identify the different hybrid work models that are emerging, and the appropriate supports needed to drive sustainable improvement. This paper utilises primary data from a series of semi-structured interviews with senior Australian human resource (HR) managers, to identify a range of different approaches to hybrid work design, applying the Conservation of Resources (COR) theory. Analyses of these findings have resulted in five key contributions: one being the identification of the most popular current hybrid work arrangements; the second being the key supporting pillars that are required to support successful hybrid work; the third identifies the infrastructure required to support these pillars; the fourth being a theoretic contribution that extends the existing academic literature in this field; and with the final contribution being an interpretation of the findings via COR theory. These contributions have significant implications for both scholars and human resource professionals, as organisations and academics strive to learn from the recent period of turbulence and develop sustainable improvements in performance and working conditions (SDG8), with improved support for employee health and wellbeing (SDG3), and gender equality (SDG5).
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Fu, Guobin, Stephanie R. Clark, Dennis Gonzalez, Rodrigo Rojas e Sreekanth Janardhanan. "Spatial and Temporal Patterns of Groundwater Levels: A Case Study of Alluvial Aquifers in the Murray–Darling Basin, Australia". Sustainability 15, n.º 23 (24 de novembro de 2023): 16295. http://dx.doi.org/10.3390/su152316295.
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Understanding the temporal patterns in groundwater levels and their spatial distributions is essential for quantifying the natural and anthropogenic impacts on groundwater resources for better management and planning decisions. The two most popular clustering analysis methods in the literature, hierarchical clustering analysis and self-organizing maps, were used in this study to investigate the temporal patterns of groundwater levels from a dataset with 910 observation bores in the largest river system in Australia. Results showed the following: (1) Six dominant cluster patterns were found that could explain the temporal groundwater trends in the Murray–Darling Basin. Interpretation of each of these patterns indicated how groundwater in each cluster behaved before, during, and after the Millennium Drought. (2) The two methods produced similar results, indicating the robustness of the six dominant patterns that were identified. (3) The Millennium Drought, from 1997 to 2009, had a clear impact on groundwater level temporal variability and trends. An example causal attribution analysis based on the clustering results (using a neural network model to represent groundwater level dynamics) is introduced and will be expanded in future work to identify drivers of temporal and spatial changes in groundwater level for each of the dominant patterns, leading to possibilities for better water resource understanding and management.
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Li, Xiaoning, Hongwei Zhao, Chong Sun, Xiaofeng Li, Xiaolin Li, Yang Zhao e Xuezhi Wang. "Learning the Indicative Patterns of Simulated Force Changes in Soil Moisture by BP Neural Networks and Finding Differences with SMAP Observations". Sustainability 14, n.º 18 (9 de setembro de 2022): 11310. http://dx.doi.org/10.3390/su141811310.
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Soil moisture is a vital land surface variable that can influence climate change. Many problems in soil moisture data require the identification of signals obscured by anthropogenic external forces (including greenhouse gases such as CO2 and aerosol radiative force), natural forces (such as volcanic and solar activity), and internal variability (such as ENSO, NAO, and PDO). Although artificial neural networks (ANNs) have been widely studied in making accurate predictions, the studies of interpretation of ANNs in soil moisture are still rare. Hence, the proposed method aims to assist in the study of interpretating soil moisture data. Specifically, first, an ANN model is trained to predict the approximate year of the simulations by identifying the spatial patterns of qualitative changes in soil moisture. After accurately predicting the approximate year, the spatial patterns in the ANN model, acting as “reliable indicators” of the force changes, are the different natures of regional signals. Then, the simulated data and Soil Moisture Active and Passive (SMAP) observations are fed into the trained ANN separately, and the specific differences are observed by the Deep Taylor Decomposition (DTD) visualization tool. By comparing with the standard multiple linear regression method, the results of the ANN model can provide the reliable indicators of change for a specific year, thus providing meaningful information from the ANN model according to the common soil moisture data. The results show that a large correlation exists between eastern Asia and western North America during the 21st century, and the correlation increases with time in Australia. This also reflects the strong force signal due to a combination of anthropogenic and external forces that has played a role in soil moisture over the decades and can clearly discern the differences between model simulations and observed data. This study indicates that the proposed method using ANNs and visualization tools enables relatively accurate predictions and the discovery of unknown patterns within soil moisture data.
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Hill, Kathryn E., Stuart C. Brown, Alice Jones, Damien Fordham e Robert S. Hill. "Modelling Climate Using Leaves of Nothofagus cunninghamii—Overcoming Confounding Factors". Sustainability 15, n.º 9 (5 de maio de 2023): 7603. http://dx.doi.org/10.3390/su15097603.
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Fossil leaf anatomy has previously been used as a proxy for paleoclimate. However, the exposure of leaves to sun or shade during their growth can lead to morphotype differences that confound the interpretation of fossil leaf anatomy in relation to climate and prevent reliable paleoclimate reconstruction. This work aims to model the differences in leaf anatomy that are due to various climatic drivers and differences attributable to sun or shade positions, using Nothofagus cunninghamii as the model species. Leaves from the sun and shade parts of three trees have been sampled from each of 11 sites in Victoria and Tasmania, Australia. The gross morphological and cuticular features have been scored and modelled with climate data from the sites. Random forest models can accurately predict Nothofagus cunninghamii contemporary climatic conditions of the spring temperature and summer rainfall based on leaf anatomical measurements. Leaf area, stomatal density and epidermal cell density are the most accurate predictors of whether a leaf grew in the sun or shade. Leaf area is also the strongest predictor of the maximum and minimum spring temperatures and rainfall. The models have implications for the use of fossilised leaves in paleoclimate reconstruction. The models we have built can be used to effectively predict whether a fossil leaf was from a sun or shade position on the tree and thus enable more reliable inference of paleoclimate by removing the confounding issues of variable leaf anatomy due to sun exposure during growth. Finally, these models could conceivably be used to make predictions of past paleoclimatic conditions provided suitable training and validation data on climatic conditions are available.
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Davies, Paul S. "INTERPRETATION AND RECTIFICATION IN AUSTRALIA". Cambridge Law Journal 76, n.º 3 (novembro de 2017): 483–86. http://dx.doi.org/10.1017/s0008197317000733.
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Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).
Teses / dissertações sobre o assunto "Law – australia – interpretation and construction"
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Du, Toit Gerhard. "The significance of postmodern theories of interpretation for contractual interpretation : a critical analysis". Thesis, Stellenbosch : University of Stellenbosch, 2006. http://hdl.handle.net/10019.1/1245.
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Thesis (LLD (Mercantile Law))--University of Stellenbosch, 2006.The objective of this study is to examine the significance of postmodern insights regarding interpretation (especially the rejection of intentionalism) and subjectivity for contractual interpretation theory. In Part One (consisting of chapters 2-5), the leading postmodern insights on interpretation, individual autonomy, texts and intentionalism are discussed. This is done by analysing the present interpretive practice in four chapters: 1) Different theories of interpretation ranging from objectivism and natural law theories to post-structuralism are discussed in chapter 2. 2) In chapter 3 individual autonomy (as advocated by liberal theorists) is contrasted with communitarianism in order to problematize the notion of contracting parties as autonomous, self-regulating beings. By highlighting criticism against liberalism and communitarianism, and also by suggesting critical self-rule as an alternative, the assertion that contracting parties are autonomous and self-regulating is contested. 3) The process of textual definition is critically analysed with emphasis on the position reflected by the application of the parol-evidence rule and also post-structuralist ideas on the definition of texts in chapter 4. It is shown that textual definition consists of interpretation rather than identification. 4) The nature of intention and the process of intention “discovery” are analysed in chapter 5. Because of the centrality of intention in contractual practice, alternative theories on intention (and its role during interpretation) are postulated and it is suggested that post-structuralism can provide a critically reflective theory of intention. It is clear (from the critical analysis of intentionalism) that the way intention is presently approached is theoretically flawed. It is also apparent from the critique of liberal beliefs held regarding the nature of interpretation, subjectivity and the definition of texts that the theoretical foundations of these beliefs are fundamentally flawed. A critical re-imagination of contractual interpretation is necessary. In Part Two, questions about the justifiability of the present interpretive theories are posed. In chapter 6 the practical implications of a new theoretical basis for contractual interpretation are considered by examining the way various rules of interpretation are influenced by the new theoretical basis of interpretation. Three “rules” are examined: 1) The golden rule of interpretation is examined because of its reliance on intentionalist assumptions; 2) the parol-evidence rule is examined because of its relation to positivist assumptions about the definition of texts; 3) the relevance of bona fides as a substantial remedy during the interpretation of the contract is analysed to reveal assumptions about the nature of legal subjectivity in which the present consideration of the bona fides is grounded. It is shown that rules depend not on their content for operation, but rather on the assumptions upon which they are grounded. In short, we do not have to do away with our rules of contractual interpretation, but we have to re-evaluate how we apply those rules. The final part of this dissertation consists of a summary of the conclusions drawn during the course of this study.
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曹永強 e Wing-keung Tommy Cho. "Judicial interpretation / fictionalization". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31972731.
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Catterwell, Ryan Ronald. "CONSTRUCTION IN CONTRACT LAW: A LOGICAL AND STRUCTURED APPROACH". Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/17990.
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Construction is a pervasive feature in contract law. It is a technique employed to define a contractual rule, ie, a rule that makes up part of a contract. In construction, the objective intention of the parties is inferred from the choice of words in the contract. But construction has a narrow focus: the aim is to resolve a particular question of intention. From this starting point, construction fits within a logical structure. It consists of four stages. First, the relevant question is defined. The question may relate to any aspect of the contractual relationship. Second, potential answers to the question are put forward. Each answer amounts to a competing ‘construction’, ie, a competing formulation of the disputed rule that forms part of the contract. Third, arguments in support of each construction are formulated. The arguments are built from the admissible materials, ie, the text, the potential meanings for words, the background to the transaction, the purpose of the contract, the consequences of the competing constructions, and normative factors, such as business commonsense. In the final stage, the ‘correct’ construction is chosen as a matter of probable intention by evaluating the competing arguments. The benefits of the proposed model are two-fold. First, it offers a comprehensible means of understanding construction at a level of sophistication warranted by the complexity of the process. Through the model, one can understand the reasons for a decision in a construction case in terms of the composition of competing arguments at play. In particular, construction disputes often involve a tension between: (i) arguments as to intention drawn from the meaning of the words agreed; and (ii) arguments as to intention that are based on the purpose of the contract or the consequences of the competing constructions. Usually, in the case of such tension, the construction that succeeds is the one that fits best with the contract taken as a whole. Understanding construction in this manner can bring clarity and consistency to judicial reasoning in construction. It can also explain the role of construction in contract law. This is the second benefit of the model. By defining construction in its core interpretative function, it can be distinguished from analogous contract law techniques. The contractual relationship is governed by a combination of rules agreed by the parties and rules imposed by doctrine and statute. Contract law employs a variety of techniques and processes to administer these rules. Construction is but one of these techniques: it is the primary means through which contractual rules are defined. However, contractual rules can also be defined as a matter of implication or rectification. In addition, many doctrinal rules require conclusions regarding intention that may or may not be established on a constructional basis. Hence, the thesis presents not only a novel way to understand construction, but also a fresh perspective on the nature of contract law.
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au, tsummerf@law uwa edu, e Tracey Lee Summerfield. "Families of Meaning: Dismantling the Boundaries Between Law and Society". Murdoch University, 2004. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20050810.115925.
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Legal positivism insists upon a distinction between the inside and outside of law. The common law and statutory rules of interpretation assist in maintaining this distinction, establishing the myth that legal decision-making is a purely objective and rational process, giving rise to internal truths. While critical theorists have illustrated the ways in which the lines between the inside and outside are always blurred, there remains a perceived distinction, in law, between the interpretation of concepts that occurs in the law and that which occurs outside the law. Only the former have legal legitimacy. The idea of the legal family is a case in point, where the law defines family according to its own prescriptions irrespective of how family is constituted by non-legal communities. In this thesis, I consider the meanings of family in different spheres to show how the lines between the social, the political and the legal consistently overlap. I then develop a mechanism by which the law can acknowledge and affirm that which is outside. This requires, firstly, a conception of law as communication and of legal interpretation as a constructive process. Secondly, the task demands that jurists engage with the semiotic processes of the everyday and that legal concepts, at least those that exist independently of the law (family for example) be framed with an open indexicality. This might enable such concepts to be interpreted according to a range of contexts, other than (or in addition to) the legal one. Finally, using the family as an example, I illustrate how a semiotic approach can assist legal interpretation, reform and analysis.
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Lee, Jack Tsen-Ta. "An articulate silence : the interpretation and construction of taciturn bills of rights". Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3572/.
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Taciturn bills of rights and constitutions – texts that express concepts at high levels of abstraction or which do not provide much guidance in other ways – pose challenges for courts responsible for determining their meaning and applying them. This dissertation aims to identify the approach that might be taken by courts in Commonwealth jurisdictions with written constitutions. It argues that the starting point is the legislative intention underlying the text, and that the preferred conception of such an intention is moderate originalism. This requires ascertainment of the meaning the legislators imbued the text with through their choice of words at the time the constitution was enacted, but which recognizes that parts of the text may be interpreted dynamically where language connoting abstract moral principles has been employed. The dissertation distinguishes constitutional interpretation from constitutional construction. Interpretation involves identifying the semantic content of a constitutional text, and to do so courts should consider the linguistic, purposive and applicative meanings of terms and provisions. Where interpreting the text does not yield any useful or complete legal rule, the court must engage in construction by applying legal principles and techniques such as the presumption in favour of generosity, the use of constitutional implications, and a proportionality analysis. Thus, any constitutional ‘silence’ is in fact not so silent after all, as it may be given voice by the court.
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Yang, Xiaonan, e 楊曉楠. "The interpretation of the Hong Kong Basic Law: an institutional analysis". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B42181999.
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Seroin, Isabelle. "L'application des règles d'interprétation de la Convention de Vienne sur le droit des traités dans le cadre de l'ALE, de l'ALENA, du GATT, de l'OMC et de l'Union européenne". Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30327.
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This thesis explores the way in which the rules of interpretation of the Vienna Convention on the Law of Treaties have been applied in the context of the US-Canada Free Trade Agreement, the North American Free Trade Agreement, the GATT, the World Trade Organization Agreement and the European Union. The author seeks to analyze the way the dispute settlement panels established according to these agreements and the Court of justice of the European Communities have used the interpretation tools provided by public international law. The author then examines the interpretation framework for international treaties and investigates how Articles 31 and 32 of the Vienna Convention have been applied in the context of each of these agreements or treaties. The extensive panels and court practice surveyed by the author underlines the importance of public international law when interpreting international trade law.
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Taizir, Aswita. "Muḥammad ʻAbduh and the reformation of Islamic law". Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26336.
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This thesis examines Muhammad 'Abduh's ideas on Islamic Law, and the extent to which his writings influenced subsequent Muslim reformers in the sphere of law. The study focuses on 'Abduh's views on ijtihad and its application in modern society.The principle of ijtihad, as practised by 'Abduh, was not dependent upon the opinions of previous scholars. A leading reformer of Islamic law (1849-1905), 'Abduh rejected taqlid which in nineteenth century Egypt was the rule of the day. Scholars in his day adhered to the books of their respective madhhabs to the extent of choosing to ignore the main sources of Islamic law, viz. the Qur'an and Hadith. For this reason, 'Abduh did not follow any particular madhhab in his ijtihad, but chose to be guided by whichever school of law he believed was best fit to deal with a particular contemporary problem. This practice has come to be known as talfiq. His use of it was the beginning of legal reform in Islamic law.
To facilitate legal reform, 'Abduh employed the Islamic legal principle of al-maslahah al-mursalah. This principle was an application of ijtihad which he invoked in order to deal with issues such as polygamy and bank interest. 'Abduh's fatwas were based on the sources of Islamic law, i.e. the Qur'an and the Hadith. Although his main concern was to rehabilitate the use of reason in law, he never strayed far from the traditional sources.
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Weddikkara, Chitra. "The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka". Thesis, Weddikkara, Chitra (2003) The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka. PhD thesis, Murdoch University, 2003. https://researchrepository.murdoch.edu.au/id/eprint/395/.
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The construction industry poses a number of challenges to those working in it. One important challenge is that the industry is dependent upon human interactions in the management of building projects. In this environment it is important for those who manage the projects to deal with intricate relationships and to consider the emotions, interactions and various types of reasoning that lie behind the actions and decisions taken by the participants in the construction process.
The issue for researchers is to gain a better understanding of the variables that affect the actions of the participants in this process. Such research demands sensitivity to the values, attitudes and behavior developed by the different occupational groupings. These factors according to Edgar Schein define the culture of a professional group. This research was conceived on the belief that the professionals in the construction industry brought to bear their own professional culture on the industry. It was necessary to have a better understanding of this culture in order to be able to resolve disputes that occur in the construction process.
That is the impact of culturally deternlined values, attitudes and behavior of these professional groups. Therefore, this research is aimed at investigating the professional cultures of the participants who come together in a construction project. The question posed was whether they shared a culture or had differences, and if differences existed whetherthese differences had an effect on the reactions of each of the groups to disputes and their resolution.
A survey was carried out among professional groups in Australia and Sri-Lanka and the survey data from both countries were analyzed using statistical tests. The results show that professional groups share similarities in professional culture as well as differences. It also showed that these cultural differences created an adversarial atmosphere among construction project participants. It was also found that introducing a party outside of the usual professional groups would be beneficial in the resolution process. Respondents were of the opinion that the third party outside of the construction team could be a lawyer.
This type of research is still new within the field of construction. The contributions of this work are to link professional culture and conflict and give some indication how such conflict could be addressed. In this context by identifying the values attitudes and behavior of professional groups the subject of conflict and disputes could be beneficially addressed through professional education.
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Weddikkara, Chitra. "The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka". Weddikkara, Chitra (2003) The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka. PhD thesis, Murdoch University, 2003. http://researchrepository.murdoch.edu.au/395/.
Texto completo da fonteResumo:
The construction industry poses a number of challenges to those working in it. One important challenge is that the industry is dependent upon human interactions in the management of building projects. In this environment it is important for those who manage the projects to deal with intricate relationships and to consider the emotions, interactions and various types of reasoning that lie behind the actions and decisions taken by the participants in the construction process.
The issue for researchers is to gain a better understanding of the variables that affect the actions of the participants in this process. Such research demands sensitivity to the values, attitudes and behavior developed by the different occupational groupings. These factors according to Edgar Schein define the culture of a professional group. This research was conceived on the belief that the professionals in the construction industry brought to bear their own professional culture on the industry. It was necessary to have a better understanding of this culture in order to be able to resolve disputes that occur in the construction process.
That is the impact of culturally deternlined values, attitudes and behavior of these professional groups. Therefore, this research is aimed at investigating the professional cultures of the participants who come together in a construction project. The question posed was whether they shared a culture or had differences, and if differences existed whetherthese differences had an effect on the reactions of each of the groups to disputes and their resolution.
A survey was carried out among professional groups in Australia and Sri-Lanka and the survey data from both countries were analyzed using statistical tests. The results show that professional groups share similarities in professional culture as well as differences. It also showed that these cultural differences created an adversarial atmosphere among construction project participants. It was also found that introducing a party outside of the usual professional groups would be beneficial in the resolution process. Respondents were of the opinion that the third party outside of the construction team could be a lawyer.
This type of research is still new within the field of construction. The contributions of this work are to link professional culture and conflict and give some indication how such conflict could be addressed. In this context by identifying the values attitudes and behavior of professional groups the subject of conflict and disputes could be beneficially addressed through professional education.
Livros sobre o assunto "Law – australia – interpretation and construction"
1
Pearce, D. C. Statutory interpretation in Australia. 5a ed. Australia: Butterworths, 2001.
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Pearce, D. C. Statutory interpretation in Australia. 3a ed. Sydney: Butterworths, 1988.
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3
Geddes, R. S. (Robert S.), 1944-, ed. Statutory interpretation in Australia. 7a ed. Chatswood, N.S.W: LexisNexis Butterworths, 2011.
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Law Reform Commission of Western Australia. Report on United Kingdom statutes in force in Western Australia. [Perth, W.A.]: The Commission, 1994.
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Michael, Head. Administrative law: Context and critique. 2a ed. Leichhardt, N.S.W: Federation Press, 2008.
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Suzanne, Corcoran, e Bottomley Stephen, eds. Interpreting statutes. Annandale, N.S.W: Federation Press, 2005.
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1951-, Langton Marcia, ed. Honour among nations: Treaties and agreements with indigenous people. Carlton, Vic: Melbourne University Press, 2004.
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Bailey, Ian H. Construction law in Australia. 2a ed. North Ryde, N.S.W: LBC Information Services, 1998.
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1931-, Kriele Martin, e Atienza Manuel, eds. Interpretation des Heiligen, Interpretation des Rechts =: Interpretation of the sacred, interpretation of law. Münster: Lit, 1999.
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Suarez, Rolando A. Statutory construction. Manila, Philippines: Rex Book Store, 2007.
Encontre o texto completo da fonteCapítulos de livros sobre o assunto "Law – australia – interpretation and construction"
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Solimene, Fabio. "Interpretation of construction contracts". In The Law and Practice of Complex Construction Projects, 312–30. London: Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781003387718-37.
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Van Schooten, Hanneke. "Law as Fact, Law as Fiction". In Interpretation, Law and the Construction of Meaning, 3–20. Dordrecht: Springer Netherlands, 2007. http://dx.doi.org/10.1007/1-4020-5320-7_1.
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Ako, Rhuks, Ngozi Stewart e Eghosa O. Ekhator. "Overcoming the (Non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria". In Justiciability of Human Rights Law in Domestic Jurisdictions, 123–41. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-24016-9_6.
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Hannam, Ian. "Legislative Protection for the Soil Environment and Climate Change". In International Yearbook of Soil Law and Policy 2022, 51–82. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-40609-6_3.
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AbstractRecent court decisions in Australia and in overseas jurisdictions have made important progress in society’s acceptance of the significance of climate change in the long-term protection of the environment. The term ‘climate litigation’ is now generally used to refer to legal proceedings initiated to establish responsibility for a failure to prevent or reduce the rate of climate change and/or mitigate its negative consequences. Such legal proceedings are being initiated in courts, tribunals and other rule compliance monitoring bodies, operating around the world, at the domestic, regional, or global level. One decision, in the New South Wales Land and Environment Court on 26 August 2021, orders the New South Wales Environment Protection Authority to develop environmental quality objectives, guidelines and policies to ensure protection of the environment from climate change with regard to its duties under the Protection of the Environment Administration Act 1991. This decision is regarded as a landmark decision in New South Wales in that it orders a statutory authority to exercise its duty and legal responsibilities under the Protection of the Environment Administration Act with regard to the level of seriousness that climate change impacts have reached for the New South Wales environment. The case is also significant because the definition of “environment” under the Protection of the Environment Administration Act encapsulates a broad range of ecological elements, including the “soil”. In this context, this chapter argues that the decision is important for a number of reasons including: by interpretation “soil” is a component of the “environment” and it should be protected from climate change under the Protection of the Environment Administration Act; the way the decision is made provides a guiding framework which can used to examine existing environmental laws for protection of the soil environment against climate change; and it provides a guiding framework to prepare new soil legislation with the requisite procedures to develop environmental quality objectives, guidelines and policies to protect the soil environment from climate change. Having regard to these various aspects of the decision, they provide a guiding structure in which to assess the protection of the soil environment in New South Wales, but also a procedure which might be beneficial to other countries to assess the legal protection of the soil environment. The way soil is being used in Australia and around the world is directly contributing to global warming by releasing carbon dioxide and other greenhouse gases to the atmosphere. Soil degradation from agricultural land use, vegetation clearing and urban and infrastructure projects and pollution of soil from industrial works require closer attention from legislative and policy structures. Therefore, it is appropriate that increasing attention must be placed on the protection of the soil environment through the adoption of legislative, policy and mitigation responses which prevent the use of soil in a manner that makes it a significant contributor to climate change.
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Wyrzykowski, Mirosław. "When Sovereignty Means So Much: The Concept(s) of Sovereignty, European Union Membership and the Interpretation of the Constitution of the Republic of Poland". In The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence, 229–55. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-897-2_14.
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Golding, Gabrielle. "A Legal Overview". In Shaping Contracts for Work, 17–35. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192867827.003.0002.
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Abstract This chapter sets the scene for the remainder of the book by providing an overarching survey of the law across England and Australia, which governs express and implied terms in contracts generally. In doing so, it considers the interplay between general contractual principles and their regulation of contracts for work more specifically. The relationship between implication in fact and implication by law is also examined, as well as the relationship between implication and construction of contractual terms, including policy considerations for the distinction between implication and construction. The chapter considers the relationship between implication and interpretation, noting that the process of implying a term into a contract is no more than a facet of interpreting its ‘true meaning’. In that sense, it is acknowledged that it may sometimes be necessary to imply a term into a contract in order to make the contract work as the parties must have intended. A brief summary of the applicable law is provided, reflective of the fact that its general analysis serves as a precursor for the remaining content of the book.
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Barnes, Jeffrey. "Statutory interpretation and administrative law". In Modern Administrative Law in Australia, 119–39. Cambridge University Press, 2014. http://dx.doi.org/10.1017/cbo9781107445734.007.
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"Interpretation". In Construction Law in the United Arab Emirates and the Gulf, 35–40. Chichester, UK: John Wiley & Sons, Ltd, 2016. http://dx.doi.org/10.1002/9781119085966.ch4.
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McKendrick, Ewan. "11. The Interpretation of Contracts". In Contract Law, 363–79. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855293.003.0011.
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This chapter focuses on the principles applied by the courts when interpreting contracts, as set out by the House of Lords in Investors Compensation Scheme Ltd v. West Bromwich Building Society and the Supreme Court in Arnold v. Britton and Wood v. Capita Insurance Services Ltd. The chapter discusses the scope of these principles (in particular, the ‘factual matrix’, the exclusion of pre-contractual negotiations, the meaning of words, ‘corrective interpretation’, and the balance to be struck between the natural and ordinary meaning of the words and giving to the words a commercial sensible construction.
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McKendrick, Ewan. "11. The Interpretation of Contracts". In Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198808169.003.0011.
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This chapter focuses on the principles applied by the courts when interpreting contracts, as set out by the House of Lords in Investors Compensation Scheme Ltd v. West Bromwich Building Society and the Supreme Court in Arnold v. Britton and Wood v. Capita Insurance Services Ltd. The chapter discusses the scope of these principles (in particular, the ‘factual matrix’, the exclusion of pre-contractual negotiations, the meaning of words, ‘corrective interpretation’, and the balance to be struck between the natural and ordinary meaning of the words and giving to the words a commercial sensible construction.
Trabalhos de conferências sobre o assunto "Law – australia – interpretation and construction"
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Ollongren, Alexander. "Large-Size Message Construction for ETI - Inductive Self-interpretation". In 54th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2003. http://dx.doi.org/10.2514/6.iac-03-iaa.9.2.09.
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White, Nancy J., Sigitas Mitkus e Renata Cibulskienė. "Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania". In Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.067.
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Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recoverable: compensatory damages according to United States’ law and direct and indirect damages are recoverable according to Lithuanian law. Research limitations – both contractual and non-contractual liability are analyzed. In addition, defects to construction by an act of fraud are covered. More research is needed on how the law affects the extension of the warranty period or the statute of limitations. Originality/Value – the paper provides a new interpretation of classification a construction defect as a breach of contract or tort and offers new insights comparing the different approach of law. Practical implications – the paper will be instructive to developers, contractors, management corporations
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Lonergan, Hamish. "Explicitly Tacit: Polanyi’s “Tacit Knowledge” in the Architectural Theory of Charney and Rowe". In The 38th Annual Conference of the Society of Architectural Historians Australia and New Zealand. online: SAHANZ, 2022. http://dx.doi.org/10.55939/a4003p7gqw.
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The scientist and philosopher Michael Polanyi coined the term “tacit knowledge” in 1958 to describe a type of unconscious, embodied and social knowledge that could not be explicitly taught through rules or rote-learning. He argued, instead, that some knowledge relied on practice, critique, socialisation and personal biography. In this sense, something like tacit knowledge has long played an important role in architectural education — where skill is acquired through (re)drawing, writing and model-making, reviewed by teachers and peers — even before Polanyi named it. Yet, for all the affinities between design education and tacit knowledge, Polanyi’s epistemology has rarely been directly addressed in architectural theory. This paper considers two exceptions in the writing and pedagogy of Melvin Charney and Colin Rowe in the 1970s. Both figures used Polanyi’s philosophy to propose alternatives to the “ultra” positions of Modernism. Charney argued that Quebecois vernacular architecture reflected a tacit, collective building culture that was inseparable from the embodied construction practices of craftspeople. This could not be made explicit in construction manuals or histories; students had to discover it through drawing and building themselves. Meanwhile, Rowe credited Polanyi’s Beyond Nihilism (1960) in the gestation of Collage City (1978, with Fred Koetter). Polanyi’s essay argued that individual freedom was important in making new discoveries, but that individuals still had a responsibility to go beyond themselves by conforming to collective norms and standards. This, too, found a parallel in Rowe and Koetter’s rejection of Modernist utopianism. At the same time, a close reading of these minor encounters reveals certain continuities and misalignments between Rowe and Charney’s interpretation and Polanyi’s own position as a prominent anti-Communist and contributor to early neoliberalism. Ultimately, this paper aims to clarify the role of tacit knowledge in the theory of these two architect/educators and, in doing so, simultaneously clarify the relationship between tacit knowledge and architectural pedagogy more broadly.
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Wang, Jianhua, Zhen Guan, Muchen Liu, Xianzhi Song e Zheng Wang. "Drilling Stuck Probability Intelligent Prediction Based on LSTM Considering Local Interpretability". In 57th U.S. Rock Mechanics/Geomechanics Symposium. ARMA, 2023. http://dx.doi.org/10.56952/arma-2023-0326.
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ABSTRACT Stuck pipe in the drilling can increase the non-productive time and lead to drilling risks such as buried tool and drilling tool fracture. Due to complex sequential feature analysis and the lag of downhole data transmission, traditional methods which are mostly used for post-drilling analyses have poor timeliness and low accuracy so that it cannot meet the requirements of field application. This study provides a data-driven prediction method for stuck pipe probability. First, the dataset is established combining drilling records and logging data from 108 wells, and 15 input features are selected. Then, the intelligent prediction model based on the Long Short Term Memory (LSTM) network is developed considering the timing characteristics of drilling parameters. Finally, Shapley Additive Explanations (SHAP) is used to calculate the quantitative contribution of input parameters to solve the problem of the black box. The results show that the accuracy of the LSTM model is 97%. Through local interpretation and analysis, the model accords with the natural physical law. The proposed model has great timeliness, high accuracy, high reliability and quantitative risk prediction. This study provides useful insights into predicting stuck pipe risk. INTRODUCTION Drilling is the only way to get oil and gas which is an uncertain undertaking. Due to poor underground conditions, complex conditions (lost circulation, well collapse, stuck pipe, etc.) often occur, among which complicated conditions of stuck pipe often occur in the drilling construction process. According to Chunbo Zhao (1998), stuck drilling accidents account for 40%∼50% of the total drilling complications in western oilfields, which seriously restricts safe, economical, and efficient drilling. Therefore, the timely prediction of stuck pipe events is considered a primary necessity to assist the drilling team in the decision-making process, so that appropriate countermeasures can be put into effect before the situation slips out of hand. Mudlog data shows that stuck pipe accidents occur in the process of tripping and drilling with varying degrees of severity. For example, in some highly deviated wells and horizontal wells, the stuck pipe accident is often accompanied by the process of tripping, but it is usually not serious. On the contrary, more attention is paid to the stuck pipe during drilling. Once the drill string is completely stuck, it can only be lifted by the explosion and a new side drilling scheme need to be redesigned, which seriously restricts the safety and efficiency of drilling. Therefore, we focus on the real-time prediction of stuck pipe in the process of drilling.