Photocopying In Australian Libraries Developments In Copyright Law

1976 ◽  
Vol 4 (1) ◽  
pp. 32-37 ◽  
Author(s):  
James Lahore
Keyword(s):  
New South ◽  
Copyright Law ◽  
University Libraries ◽  
Australian Government ◽  
Difficult Situation ◽  
High Court ◽  
Legal Problems ◽  
South Wales ◽  
Balance Of Interest ◽  
Proper Balance

Problems of copyright infringement involved in the extensive and largely uncontrolled use of coin operated photocopying machines in libraries, particularly University libraries, have become the most acute in Australian copyright law at the present time. These problems are not of course unique to Australia, but the recent decision of the High Court in University of New South Wales v Moorhouse and Angus & Robertson (Publishers) Pty Ltd has created a serious and difficult situation for libraries for which a workable solution has not yet been found. In 1974 the Australian government appointed a Committee, known as the Franki Committee, to examine the question of the reprographic reproduction of copyright works in Australia and to recommend any alterations to the copyright law and any other measures considered necessary to effect a proper balance of interest between owners and users of copyright materials in respect of reprographic reproduction. The Committee has not yet made its report and it is not known whether any recommendations will be made which will assist libraries in arriving at a solution to the legal problems now facing them where selfservice coin operated photocopying machines are made available for use by readers.

scholarly journals INTERPRETATION AND RECTIFICATION IN AUSTRALIA

2017 ◽  
Vol 76 (3) ◽  
pp. 483-486 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
New South ◽  
Common Law ◽  
New South Wales ◽  
High Court ◽  
South Wales ◽  
Housing Corporation ◽  
Lower Courts ◽  
The Law ◽  
High Court Of Australia

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).

scholarly journals Developing the Esperanto of quality

2001 ◽  
Vol 24 (3) ◽  
pp. 7
Author(s):  
Jennifer W Majoor ◽  
Joseph E Ibrahim
Keyword(s):  
Health Care Providers ◽  
New South ◽  
Royal Infirmary ◽  
Care Providers ◽  
High Court ◽  
The Public ◽  
South Wales ◽  
Public Inquiry ◽  
Personal Performance ◽  
High Court Of Australia

Professionalism is a complex and ill-defined concept and the impending Report of the Public Inquiry into thepaediatric cardiac surgery service at the Bristol Royal Infirmary continues to heighten debate on the subject.Bolsin offers examples of operational definitions from the Privy Council (United Kingdom), the state healthauthorities in New South Wales and Victoria, and the High Court of Australia. He also provides an implicitdefinition of professionalism that encompasses the collection and use of personal performance data forindividual health care providers and organisations.

scholarly journals OF ADVOCATES, DRUNKS AND OTHER PLAYERS: PLAIN TALES FROM AUSTRALIA

2012 ◽  
Vol 23 (1) ◽  
pp. 47-64
Author(s):  
Michael J Kirby CMG
Keyword(s):  
New South ◽  
New South Wales ◽  
High Court ◽  
Governing Body ◽  
South Wales ◽  
The Law ◽  
Bar Association ◽  
High Court Of Australia ◽  
Honorary Life

When I retired from judicial office after 34 years service (13 of them as a Justice of the High Court of Australia), I was richly rewarded for my labours by the practising Bar.  Here in England, Inner Temple did me the honour of electing me a Bencher.  I was proud to follow Peter Taylor to that office.  In Australia, the Australian Bar Association, the Law Council of Australia and the governing body of my home Bar, the New South Wales Bar Association, conferred on me honorary life memberships.  I say this not to boast but to illustrate the forgiving qualities of barristers for the assaults that judges inflict on them during service in the courts.

scholarly journals Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions

2017 ◽  
Vol 16 (1) ◽  
pp. 240
Author(s):  
Chuks Okpaluba
Keyword(s):  
South African ◽  
New South ◽  
Supreme Court Of Canada ◽  
Trial Court ◽  
High Court ◽  
South Wales ◽  
The Supreme Court ◽  
State Of Mind ◽  
The Law ◽  
Available Information

The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between the lawfulness of the prosecution and the state of mind of the defendant. Again, whether a prosecution is wrongful or lawful depends on whether there was a reasonable and probable cause coupled with the animus iniuriandi of the defendant in instigating, initiating or continuing it. It is not whether the prosecutor possessed evidence to secure a conviction since that is for the trial court to decide after the conclusion of evidence; but, the honest belief by the prosecutor that, having carefully collected and objectively assessed the available information, the plaintiff was probably guilty of the crime. In coming to that decision the prosecutor must have grappled with both the subjective and objective elements in the exercise of that discretion. The Australian High Court judgment in A v New South Wales 2007 230 CLR 500 (HCA) has brought clarity to this aspect of the problem. However, as this paper contends, the ten-point guidelines enunciated by that court in that case and designed to provide the courts with a seemingly less complicated formula for determining if the prosecutor lacked reasonable and probable cause do not appear to have provided the panacea to the problem. Meanwhile, the distinct nature of the requirement of reasonable and probable cause is made clearer when it is compared with reasonable ground to arrest in the case of wrongful arrest and the tort of abuse of process. Also problematic and equally challenging is identifying where a reasonable and probable cause inquiry stops and malice begins. This is brought out in the attempt by the Supreme Court of Canada to unravel the tension between the proof of the existence of malice and reasonable and probable cause in the law of malicious prosecution in Miazga v Kvello Estate 2009 3 SCR 339 (SCC). The extent to which the guidelines laid down in these recent cases would have resolved the confusion in this field of the law is yet to be realised.

scholarly journals Gender ratios in library management (‘directorship’) roles in New Zealand public and tertiary libraries

2021 ◽  
Author(s):  
◽  
Gareth Shute
Keyword(s):  
New Zealand ◽  
Gender Bias ◽  
Public Libraries ◽  
New South ◽  
Research Problem ◽  
University Libraries ◽  
Tertiary Institutions ◽  
Library Management ◽  
Female Managers ◽  
South Wales

<p>Research problem: This study looked at the percentage of female managers in charge of library systems within New Zealand between 1980 and 2013 to see if their gender balance matched the wider library workforce (which has upwards of 80% female staff). Methodology: Directories of public libraries were examined and the gender of each library manager was noted. Results: The overall figure for library managers was found to be around 80%, with a slight improvement over the period examined. However, when public libraries were divided by size, the results for the 1980s showed that large libraries had fewer female managers than the overall library workforce, while small libraries had a larger percentage. This difference was shown to decrease over the period studied, until both large and small libraries had around 80% female staff. A similar result was shown in preliminary data sourced from New South Wales (Australia), which suggested that this trend also occurs overseas. The New Zealand data also considered tertiary institutions. At the beginning of the study, only one out of six university library systems was managed by a woman, while in the most recent year seven out of ten managers were female. In contrast, there was found to be a high percentage of female managers in charge of polytechs over this same time. Implications: These results suggest that a gender bias existed within some sectors of librarianship (within large public libraries and university libraries) at the beginning of the study period, but that this bias has largely disappeared in recent years.</p>

Marine Pharmacology in Australia. The Roche Research Institute at Dee Why, New South Wales, 1974 - 81

2010 ◽  
Vol 63 (6) ◽  
pp. 855 ◽  
Author(s):  
Ian D. Rae
Keyword(s):  
Natural Products ◽  
New South ◽  
New South Wales ◽  
New Drugs ◽  
Australian Government ◽  
Research Directions ◽  
Lead Compounds ◽  
South Wales ◽  
Organic Chemist ◽  
Research Institute

Hoffmann-La Roche supported the work of University of Queensland zoologist Robert Endean in the late 1960s, but the company’s deepening interest in the prospect of ‘drugs from the sea’ led them to establish the Roche Research Institute of Marine Pharmacology (RRIMP) at Dee Why, New South Wales. It was headed by Dr Joe Baker, an Australian organic chemist who had researched marine natural products. RRIMP took advice from several influential advisers, and Baker recruited chemists, pharmacologists, microbiologists, and marine biologists. Despite the conjecture, raised in some quarters, that RRIMP was established to mute the Australian government criticism of the pricing of Roche’s most famous product, Valium, I believe that the research venture was a genuine attempt to find lead compounds in organisms from Australian waters with a view to the development of new drugs. Changes in the research directions taken by Hoffmann-La Roche resulted in the closure of RRIMP in mid-1981, before any such success could be claimed for the Dee Why operation. RRIMP scientists, an elite but suddenly redundant group, secured positions in other Australian laboratories.

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