Lucy M. Cradduck

Living a managed community lifestyle: managed community lifestyle from Queensland

Purpose – The paper aims to improve consumer awareness of the complexities of community living. It does this by clarifying how living in a managed community is different from a “traditional” neighbourhood; and identifying matters that can become disputes.Design/methodology/approach – The paper builds on research by other authors into strata scheme disputes by examining recent Queensland cases.Findings – Many disputes appear to result from a lack of understanding of the complexities of community living. Matters that should be able to be easily resolved are therefore escalated to formal disputes.Research limitations/implications – The paper considers law and cases from Queensland. The types of matters considered, however, are relevant for any managed community and therefore the research is relevant for all jurisdictions. The research will be of particular interest to jurisdictions looking to boost living density by increasing the development of managed communities.Practical implications – The research will ...

The art of mooting : mooting and the cognitive domain

Abstract Mooting is modelled principally on appellate advocacy. However, the skill set developed by participating in a moot programme – being that necessary to persuade someone to your preferred position – is indispensible to anyone practising law. Developing effective mooting skills in students necessitates the engagement of coaches with an appropriate understanding of the theories underlying mooting and advocacy practice and their interconnection with each other. This article explains the relevance of the cognitive domain to mooting performance and places it in context with the psychomotor and affective domains.

The Adoption Of Residential Sustainability Programs: Lessons From The Commercial Sector

Abstract The article explains and compares sustainability programs available for use by residential and commercial premises; as well as the respective legal tenure frameworks of commercial and residential tenancies. It identifies that while the desire of commercial tenants drive the participation by landlords in these programs, residential tenants appear to be ignorant of sustainable measures. The article contends that the reason for this difference is rooted in the legal and social status of residential tenants. It explores the impact that secure tenure may have in promoting residential sustainability programs and concludes by observing that the lack of involvement of residential tenants in programs stems from the absence of tenure security, which prevents any long term cooperation between the parties.

Designing Copyright TPM : A Mutant Digital Copyright

In recent times, copyright law globally has undergone radical changes to take account of the advancement of technology. This paper will argue that in Australia some of the legislative changes regarding technological protection measures (‘TPM’) have a number of unintended consequences. It will be argued that the legislators have over stepped the mark by creating a sui generis protection in favour of copyright owners, which can best be described as a mutant digital copyright.

From the waist up: Developing psychomotor skills for the court room

ABSTRACT A vital aspect of successful advocacy is effective engagement by the advocate with the Bench (and jury). However, rarely are these skills naturally occurring or at least the natural (untailored) psychomotor repertoire is not necessarily well adapted to advocacy. More often these skills are developed or refined to the specific requirements of advocacy by mooting practice. Assisting future advocates to develop effective psychomotor skills therefore is a core component of any mooting programme. This article explains the relevance of the psychomotor domain to advocacy and identifies the matters that must be addressed with mooters in order for them appropriately to develop these skills. In so doing, it positions the mooting psychomotor domain in context with the cognitive and affective domains.

Concerns about the Rollout of Broadband: A legal consideration of Australia's NBN Greenfield Policy

Abstract This paper examines the Australian federal government’s proposal that developers take the primary role for deploying the National Broadband Network (‘NBN’) in greenfield estates. It identifies issues facing the NBN’s implementation and concerns raised by industry. A failure to address these concerns may lessen industry support as well as adversely impact on consumers as NBN implementation costs are passed onto them. The author identifies the need for NBN legislation to clearly establish what is a ‘greenfield estate’; how and when exemptions from implementation obligations will apply; and that NBN services must be treated the same as any other utility service.

Legislating for Internet “access”-ability

The ability to access the content and services of the internet is an essential aspect of our lives. While used by many merely as a communication or entertainment tool, for those with disabilities or located in remote areas, internet access can enable a level of engagement with information, friends, and government that otherwise is not possible. Thus, through the use of the internet, other fundamental human rights are enabled. However, for the internet to be an enabler of those other rights, internet access first must be enabled. Preferably, this would occur by means of the international recognition of internet access as a fundamental human right per se, which is then supported by jurisdiction-specific policies and laws. Regrettably, this is not the current reality. Absent recognition of internet access as a right per se all is not lost. Some jurisdictions already have taken steps or are taking steps to recognize this right. In others, the courts are beginning to engage with the essentiality of internet access for everyday life. In yet others, work has been done or is underway to extend existing universal service obligations to internet and/or broadband services. This chapter examines why legislated recognition and protection of internet access as a right per se are necessary while identifying what actions have been, are being, or should be taken to ensure the ongoing “access”-ability of the internet for all.

Chill out! Mooting and the affective domain

ABSTRACT A vital aspect of successful advocacy is effective engagement by the advocate with the Bench. However, even where mooters have innate skills and talents, they are susceptible to sub-optimal performance where anxiety impedes their transition from innate skill to competition. Stage fright is common in many fields where public performance of a repertoire is the crucial and determinative measure of achievement. However, while anxiety is an inevitable, and often negative, aspect of any performance, there is in fact a range of anxietal intensity that is conducive to optimal performance. Assisting future advocates to recognise their optimal level of anxiety, and manage their anxiety throughout the preparation and participation phases of moot competitions is a significant role for the moot coach. This article explores anxiety as a principal artefact of the affective domain, its relevance to advocacy, and proposes a model against which moot coaches can frame preparation of mooting teams against a principled construct of the anxiety/mooting relationship. In so doing, it positions the affective domain as it relates to mooting in context with the cognitive and psychomotor domains.

After the rains: water’s impact for valuation practices

Purpose – The purpose of this paper is to reduce the potential for litigation by improving valuers’ awareness of water risks. As part of a valuer’s due diligence, the paper provides guidance as to how to identify such risks by explaining the different types and examining how online search tools can be used in conjunction with more traditional methods to evaluate the probability of these risks occurring. Design/methodology/approach – The paper builds on prior research, which examined the impact of water to and for valuations. By means of legal/doctrinal analysis, this paper considers relevant issues from the perspective of managing client expectations and needs. In so doing it identifies online tools available to assist in identifying at risk properties and better informing clients. Findings – While the internet provides a variety of tools to gain access to relevant information, this information most commonly is only provided subject to disclaimer. Valuers need to ensure that blind reliance is not given to...