Melbourne Law School - Research Publications
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ItemOn Sony, StreamCast and Smoking Guns(Sweet and Maxwell, 2007)In 2005 the US Supreme Court remanded the landmark Grokster P2P file - sharing case to the California District Court for adjudication. This article looks closely at that remand decision, and the reasoning behind the district court's decision to hold the defendant liable for inducement. It also considers whether the 1984 Supreme Court judgment in Sony Corp of America v. Universal City Studios Inc. would be decided differently if it were it to be decided under today's law. In so doing, it highlights some of the most significant differences between the Grokster Court's two concurrences.
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ItemProtection of Employees in a Transmission of Business: What is Left in the Wake of Work Choices and Subsequent Statutory Amendments(Centre for Employment and Labour Relations Law, 2007)Regulation of the employment relationship in the context of a transmission of business has undergone substantial revision as a result of the Workplace Relations Amendment (WorkChoices) Act 2005 (Cth), and more recently, the Workplace Relations Amendment (A Stronger Safety Net) Act 2007 (Cth). The first part of this paper reviews the statutory treatment of transmission of business in the past and considers the traditional justification for regulatory intervention in this area. The focus then turns to a detailed examination of the new statutory provisions and analyses the possible impetus for the changes, as well as identifying potential shortcomings. Finally, it looks at recent amendments relating to the application of duress in connection with Australian Workplace Agreements. It is argued that, despite the growing body of case law in this area, statutory intervention was necessary in order to ensure that, in a transmission of business, the obligations of employers were clearly prescribed and the market position of employees was properly protected.
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ItemContracts between patients and healthcare practitioners for improving patients' adherence to treatment, prevention and health promotion activities(WILEY, 2007)BACKGROUND: Contracts are a verbal or written agreement that a patient makes with themselves, with healthcare practitioners, or with carers, where participants commit to a set of behaviours related to the care of a patient. Contracts aim to improve the patients' adherence to treatment or health promotion programmes. OBJECTIVES: To assess the effects of contracts between patients and healthcare practitioners on patients' adherence to treatment, prevention and health promotion activities, the stated health or behaviour aims in the contract, patient satisfaction or other relevant outcomes, including health practitioner behaviour and views, health status, reported harms, costs, or denial of treatment as a result of the contract. SEARCH STRATEGY: We searched: the Cochrane Consumers and Communication Review Group's Specialised Register (in May 2004); the Cochrane Central Register of Controlled Trials (CENTRAL), (The Cochrane Library 2004, issue 1); MEDLINE 1966 to May 2004); EMBASE (1980 to May 2004); PsycINFO (1966 to May 2004); CINAHL (1982 to May 2004); Dissertation Abstracts. A: Humanities and Social Sciences (1966 to May 2004); Sociological Abstracts (1963 to May 2004); UK National Research Register (2000 to May 2004); and C2-SPECTR, Campbell Collaboration (1950 to May 2004). SELECTION CRITERIA: We included randomised controlled trials comparing the effects of contracts between healthcare practitioners and patients or their carers on patient adherence, applied to diagnostic procedures, therapeutic regimens or any health promotion or illness prevention initiative for patients. Contracts had to specify at least one activity to be observed and a commitment of adherence to it. We included trials comparing contracts with routine care or any other intervention. DATA COLLECTION AND ANALYSIS: Selection and quality assessment of trials were conducted independently by two review authors; single data extraction was checked by a statistician. We present the data as a narrative summary, given the wide range of interventions, participants, settings and outcomes, grouped by the health problem being addressed. MAIN RESULTS: We included thirty trials, all conducted in high income countries, involving 4691 participants. Median sample size per group was 21. We examined the quality of each trial against eight standard criteria, and all trials were inadequate in relation to three or more of these standards. Trials evaluated contracts in addiction (10 trials), hypertension (4 trials), weight control (3 trials) and a variety of other areas (13 trials). Sixteen trials reported at least one outcome that showed statistically significant differences favouring the contracts group, five trials reported at least one outcome that showed differences favouring the control group and 26 trials reported at least one outcome without differences between groups. Effects on adherence were not detected when measured over longer periods. AUTHORS' CONCLUSIONS: There is limited evidence that contracts can potentially contribute to improving adherence, but there is insufficient evidence from large, good quality studies to routinely recommend contracts for improving adherence to treatment or preventive health regimens.
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Item[Letter]: Sex with clients( 2007-10)Comment upon an article by Dr Ysaiah Ross, “Professional code should ban sex with clients”, Legal Affairs section, The Australian, Friday 19 October, 2007, page 35.
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ItemAdverse possession as repair mechanism: recent developments and further reflections(Department of Geomatics, University of Melbourne, 2007)Recent developments regarding the law of part parcel adverse possession of registered title ("Torrens") land in England, Nova Scotia, New South Wales and Queensland are discussed with particular regard to disputed boundary location.
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ItemWrit on water: Closing the traverse in the tri-state area of New South Wales, South Australia, and Victoria(TAYLOR & FRANCIS LTD, 2007-06)
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ItemMobilising Place( 2007)Unlike many other aspects of new technology, mobile media are fundamentallyconcerned with our negotiation and engagement with space and place. It is this facet ofmobile media use that I am interested in here. In this paper, I will look at how mobiletechnologies impact on notions and experiences of place. To do this, I’m examining theliterature on mobile media; this examination forms the first part of the paper.The argument that I want to develop in this paper – as suggested by the title – is twofold:First, that how we understand and engage with place is in key respects transformed bymobile media; and secondly, at the same time, place remains an important concept – oneworth mobilising – in order to better understand everyday mobile phone use. In thesecond part of the paper, I propose an alternative conception of place that might provemore productive and better suited to the present age of mobile media.Prior to an examination of the mobile media literature, it is necessary to make a fewprefatory remarks regarding why place remains an important concept and how thisconcept is framed and understood for the purposes of this paper.
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ItemThe Haunting Affect of Place in the Discourse of the Virtual(Informa UK Limited, 2007-03)
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ItemThe practice and 'pathologies' of photocopying(School of Culture and Communication, The University of Melbourne, 2007-04)Outside of contemporary art practice, the act of photocopying is by-and-large not given much consideration by general users and is only granted limited treatment within discussions of electronic media. This paper seeks to redress this, by speculating on the practice of photocopying and some of the less remarked on behaviours and ‘drives’ which motivate and structure this practice. It begins by sketching briefly the development of commercial photocopying technologies and some of their artistic uses. Then, drawing on various written accounts and observational research in a large public research library, it explores a number of ‘pathologies’ or curiosities of behaviour and motivation which attend and characterise the act of photocopying. The paper concludes by suggesting that gaining insight into these patterns and processes can contribute to a richer understanding of the practice of everyday photocopying, as well as human-machine interaction more generally.