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BCSC releases annual report on compliance
Vancouver – The British Columbia Securities Commission (BCSC) is finding more deficiencies among portfolio managers, investment fund managers and exempt market dealers, as the commission becomes increasingly precise in choosing which firms to closely scrutinize.
In 2018, the BCSC conducted 23 compliance reviews and found 151 deficiencies, averaging 6.57 deficiencies per review, according to the Annual ComplianceReport Card issued today. That compares with 6.58 per review in 2017, 4.29 in 2016, and 4.64 in 2015.
The BCSC uses a predictive risk model in deciding which firms to review. The formula, adopted in 2013, identifies firms that would be most likely to have compliance problems, using data collected through previous compliance reviews as well as a risk questionnaire distributed every two years. The likelihood of compliance problems is one of several criteria used by the BCSC in deciding where to focus its energies.
"We are getting better each year in picking our spots," said Mark Wang, the BCSC's Director of Capital Markets Regulation. "Our predictive risk model gives us a good starting point. Then we use real-time knowledge of firms to fine-tune our examination decisions."
Inadequate policies and procedures – including questionable risk management, outdated manuals, and weak cybersecurity policies and procedures – were the single most common category of deficiencies. Other common problems included inadequate disclosure, especially about the registrant-client relationship, and patchy efforts to ensure the suitability of investments for each client.
As a result of the compliance exams, the BCSC imposed extra restrictions on two firms, one of which decided to surrender its registration as a result. Two other firms chose to give up their registrations while still being examined.
The BCSC is increasingly referring the most egregious cases of non-compliance to its enforcement team for further investigation and possible penalties, including suspension or bans from the capital markets, as well as fines. In 2018, the BCSC opened investigations into four cases that began as compliance reviews.
"When we find lapses that are systemic or particularly harmful to investors, we won't hesitate to use our powers of enforcement," said Peter Brady, the BCSC's Executive Director. "When warranted, we want to make such lapses a matter of public record, to deter such behaviour by other firms. Ultimately, we think that our compliance reviews and enforcement actions will drive the small portion of registrants that have not focused on compliance to bring their efforts in line with the vast majority of registrants that work hard to comply with all their obligations."
About the British Columbia Securities Commission ( www.bcsc.bc.ca )
The British Columbia Securities Commission is the independent provincial government agency responsible for regulating capital markets in British Columbia through the administration of the Securities Act. Our mission is to protect and promote the public interest by fostering:
A securities market that is fair and warrants public confidence
A dynamic and competitive securities industry that provides investment opportunities and access to capital
Brian Kladko
Public inquiries:
604-899-6854 or 1-800-373-6393 (toll free)
inquiries@bcsc.bc.ca
Learn how to protect yourself and become a more informed investor at www.investright.org


on July 23, 2020 at 03:04 PM
© Courtesy of stARCH Design Spectrum, Vadodara / Pics: Tejas Shah, Vadodara
Wrinkles mean you laughed, grey hairs mean you cared, and scars mean you lived. A life well lived deserves a calm, restful, and tranquil home to spend the sunset years. It is this vision that led to the creation of a luxurious old-age home just about 22 kms from Vadodara.
The dream dreamt by Mr. J.C. Kathrani was then given the shape of reality by Vadodara-based stARCH Design Spectrum co-owned by architects Tanuj and Sonali Desai.
The project of this old-age home was commissioned to stARCH, quite by a stroke of destiny. "My father Mr. Tapasvi Desai had visited a school for disabled children, which is run by Mr. Kathrani," recalls Tanuj. "They both got talking, and that is when the idea of the old-age home came up. The concept was to create a home where seniors could 'rewind life', a place where they would spend their days with like-minded people who would provide them with social and emotional support necessary at that stage of life."
The concept was initiated in 2014 by Mallikarjun Mahadev Charitable Trust, and it was decided that the old-age facility would come up in the same premises where the ISO-certified Anmol Residential School for the Mentally Challenged is located.
"The client brief was succinct: they wanted a luxurious, care-free and comfortable living environment for all the senior citizens who chose to make their home with them. We were very keen to help convert this noble dream into a reality, and ideated extensively on the plans and landscape," says Tanuj. "Our clients were thrilled when we presented them with seven alternate ideas that kept in mind all the minute requirements that had been listed down," adds Sonali.
The clients – Mr. J C Kathrani and his wife Hansa - immediately shortlisted the layout and ideas they liked, and got the designing duo to tweak them to suitably fit the plot that spanned 1 lakh square feet. Work kicked off in earnest in the first quarter of 2016. With all the requirements in mind, the total plinth area came up to 28,000 square feet, with the superstructure coming up in just one year – by the beginning of 2017.
"By then, the client had new requirements; they wanted us to add four staff quarters to accommodate people who would be stationed on the site 24X7 and would take care of all the amenities while providing support," Sonali details.
The structure includes living areas such as furnished deluxe and standard rooms, and also has a series of shared amenities that foster the spirit of community living. Recreational facilities include a games room with indoor games such as chess, cards, and darts, a well-stocked library, and an audio-visual hall. Fitness areas include a badminton court, a gymnasium, massage room, and physiotherapy room.
"We, as designers, were clear that the layout should encourage the senior residents to bond together, and not be isolated. That is why we decided on a common audio-visual areaas opposed to a TV set in every room, which is the norm these days," Tanuj says.
© Courtesy of stARCH Design Spectrum, Vadodara
Sonali agrees, stating that the intent was always to promote camaraderie among people who were staying away from their families, to ensure that they create a new family here. "We have a huge dining room, which is common and accessible to all the people. Prayer and meditation rooms are also designed into the premises," she says. The state-of-the-art kitchen is where all the meals and snacks are prepared; they are served in the adjoining dining room. "The kitchen can, apart from the residents, also cater to their family and friends.
The main courtyard – with the badminton court on one side and the sit out on the other – offers ample open space for them to spend time in the open," Tanuj says. There are three other courtyards and a small sit out carved out for each room (facing the main courtyard). "Seasonal trees create the perfect outdoor space that invites people to spend time outdoors in all weathers," Sonali says.
Care has been taken to ensure that the design and execution are senior-friendly. The building only has a ground floor, ruling out the difficulties of maneuvering staircases. Every square inch of the floor area is anti-skid; there are plenty of grab bars, and adequate ramps to take care of wheelchair movement.
"There's a doctor's room with examination facilities to ensure that medical help is always at hand," the designers say, adding that they were given a free hand by the client, be it for the design elements, the selection, the processes or the finishes. "We had total freedom, and that made it a bigger responsibility to deliver a product that matched the client's vision,' says Tanuj.
The project was completed in 2018, and Tanuj and Sonali are glad that they could – through their design skills – turn an empty space into a welcoming home for the people in the sunset of their life.
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Limo Employee Faces 40 Criminal Counts After Crash Killed 20 People
Posted 12:59 PM, April 6, 2019, by CNN Wire, Updated at 12:58PM, April 6, 2019
Six months after a catastrophic limo crash killed 20 people in upstate New York, a son of the limo company's owner faces a litany of charges.
Nauman Hussain has been indicted on 20 counts of second-degree manslaughter and 20 counts negligent homicide, Schoharie District Attorney Susan Mallery said. He is scheduled to be arraigned Wednesday.
Police have described Hussain as an "operator" for Prestige Limousine Chauffer Service, which was owned by his father Shahed Hussain.
A felony complaint said the younger Hussain hired driver Scott Lisinicchia, despite knowing Lisinicchia didn't have the appropriate license to drive the limo.
The complaint also said Nauman Hussain knew or should have known the modified Ford Excursion had mechanical and safety deficiencies, including some that would have affected the brakes.
The limo had failed inspection just a month before the October 2018 crash and "was not supposed to be on the road," New York Gov. Andrew Cuomo said.
But Hussain's attorney Lee Kindlon said "Mr. Hussain is not guilty of criminal wrongdoing, and we will fight for him every step of the way."
Kindlon has said Nauman Hussain had "very little involvement" in the company, handling some marketing and booking and answering the phone.
How the crash happened
Lisinicchia was driving 17 guests to a birthday party in upstate New York when the modified Ford Excursion plowed through a stop sign and struck a parked SUV, officials said.
The driver and 17 passengers were killed, along with two pedestrians. The victims included newlyweds and four sisters.
The National Transportation Safety Board issued a preliminary report in February, saying the "original 137-inch-long wheelbase for the 2001 Ford Excursion had been lengthened by 180 inches to increase the seating capacity to 18 occupants (including the driver)."
"All aspects of the Schoharie, New York, crash remain under investigation as the NTSB focuses on determining the probable cause, with the intent of issuing safety recommendations to prevent similar crashes," the report states.
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THE UTAH THEATRE – AN ALTERNATIVE TO THE USUAL MOVIE EXPERIENCE
By Michael Burnham, The Utah Statesman Published: Wednesday, December 7, 2016 The Utah Theatre, Logan's newest — but third oldest next to the Ellen Eccles and the Caine Lyric — theater is unique for many reasons. For starters, it houses a mighty Wurlitzer organ, one of the few in the state. It also has one … Continued
FARLEY FAMILY MIGHTY WURLITZER EXTRAVAGANZA TAKES STAGE DECEMBER 9-10 AT UTAH THEATRE
By Jennifer Steele Christensen, Cache Valley Daily Published: Monday, November 28, 2016 The Utah Theatre welcomes humorist and historian James Arrington to the stage December 9-10 in what Arrington calls "a great opening for the Christmas Season." Showcasing select characters from Arrington's hilarious and locally-beloved Farley Family, the production promises an evening of comedy, music, … Continued
UTAH THEATRE WILL START HOSTING SING-ALONGS, BEGINNING WITH THE SOUND OF MUSIC THIS WEEKEND
By Jennie Christensen, Cache Valley Daily Published: Saturday, September 10, 2016 The fall season opens Saturday at the newly-remodeled and renovated Utah Theatre and Operations Manager Gary Griffin says it promises to be a lot of fun. He says the Utah Theatre will be the home of classic movies starting with the Sound of Music … Continued
LOVE SONGS: MARRIED COUPLE ENJOYS TIME ON THE UTAH FESTIVAL OPERA STAGE
By Kevin Opsahl, The Herald Journal Published: Thursday, August 4, 2016 As post-graduate students at Boston University, Saundra DeAthos and Harold Meers were trying to get "on the ground floor" of the theater arts business, looking for small parts to play in various operas nationwide. They got to know Michael Ballam, the founding general director … Continued
UTAH FESTIVAL OPERA AND MUSICAL THEATRE OFFERS UP FANTASY, HISTORICAL PERSPECTIVE IN SUMMER SEASON
By Jay Wamsley, Deseret News Published: Monday, August 1, 2016 Audiences can be taken to magical places as well as examine a bit of American history in this season's offerings from the Utah Festival Opera and Musical Theatre, now underway in Logan. 'Peter Pan' UFOMT founding director Michael Ballam explained in a previous article that … Continued
BALLAM FONDLY REMEMBERS FAMOUS SOPRANO MARNI NIXON
By Jennie Christensen, Cache Valley Daily Published: Thursday, July 28, 2016 Michael Ballam says he has lost a dear friend and the world has lost a marvelous musician with very special talents in the death of Marni Nixon. Ballam, who is founder and general director of Utah Festival Opera and Musical Theatre, learned of Nixon's … Continued
ANNOUNCING THE WINNERS OF THE 8th ANNUAL INT'L OPERA COMPETITION
Congratulations to the winners of the 8th annual Michael Ballam Concorso Lirico International Opera Competition on July 27, 2016. This year two 1st Place Winners were chosen to go to Italy: Errin Brooks Anastasia Talley Thank you to all of the talented artists who gave their best in the competition, and a special thanks to … Continued
BENEFIT CONCERT TO RAISE FUNDS FOR SHELTER DOGS
By Javier Laboy, The Herald Journal Published: Saturday, July 23, 2016 One dog's impression on its owner led to a small fundraiser, which has turned into a popular musical attraction that lures more people each year. Lisa Shaw is the director of Four Paws, a nonprofit and no-kill shelter dedicated to the rescue of homeless … Continued
SOAPBOX: SUMMERS FULL OF ART BRING VALLEY CLOSER TO HEAVEN
By F. Ross Peterson, The Herald Journal Published: Saturday, July 23, 2016 On Monday, July 18, we sat with several hundred of our dearest local and summer-citizen friends in the Logan LDS Tabernacle. The Noon Concerts on Mondays are performed by members of the Utah Festival Opera-Musical Theatre Company. Kenneth Overton, a visiting artist with … Continued
UTAH THEATRE TO BEGIN SHOWING SILENT MOVIES ACCOMPANIED BY LIVE ORGAN MUSIC
By Jennie Christensen, Cache Valley Daily Published: Friday, July 22, 2016 You'll have a chance to go back to the 1920's now at the newly-revamped and remodeled Utah Theatre. Gary Griffin, general operations manager for Utah Festival Opera and Musical Theatre (the organization which now owns the facility), says the theater is now ready to … Continued
MUSIC CARRIES THE GERSHWINS' PORGY & BESS
By Elise Hanson, Utah Theatre Bloggers Published: Tuesday, July 19, 2016 LOGAN — When I was a pre-teen, my stepfather used to walk around the house bellowing, "Bess, you is my woman now; you is–you is," in his lovely baritone voice. That, along with the iconic "Summertime" were my introduction to America's classic Porgy and … Continued
UTAH FESTIVAL OPERA DELIVERS 'PORGY AND BESS'
By Charlie Schill, The Herald Journal Published: Thursday, July 14, 2016 If it looks like a duck and sounds like a duck, it's probably a duck. The show now being staged by the Utah Festival Opera and Musical Theatre under the title "The Gershwins' Porgy and Bess" was adapted in recent years to supposedly make … Continued
BALLAM SCORES WITH TRIO OF PUCCINI ONE-ACT OPERAS
By Charlie Schill, The Herald Journal Published: Thursday, July 14, 2016 As the opening pitch of a Utah Festival Opera & Musical Theatre season filled with the promise of on-stage magic, Logan impresario Michael Ballam tossed local audiences a curveball by presenting an operatic oddity. That throw was nevertheless right over the plate for a … Continued
LOGAN SUMMER INVASION BEGINS AS SUMMER CITIZENS SEEK TO BEAT THE HEAT
By Dan Rascon, KUTV Published: Wednesday, July 13, 2016 Logan, Utah — (KUTV) Every summer they come by the hundreds across the country to the small northern Utah town of Logan, bringing millions of dollars in revenue and turning the town into a mini-New York City, Broadway-style event. … Watch Video
POWERFUL, EVOCATIVE, IMPORTANT: UFOMT'S "RAGTIME" RELEVANT TODAY
By Elise Hanson, Utah Theatre Bloggers Published: Tuesday, July 12, 2016 LOGAN — At its core, Ragtime is a story about America. Not at its best, but at its most hopeful. Hope that someday—someday—things will change. People will be more kind, the world more gentle, governments more compassionate, and systems more malleable. As I write … Continued
YOU'LL HAVE TO MAKE BELIEVE YOU LOVE UFOMT'S SHOW BOAT
By C. T. Lewis, Utah Theatre Bloggers Published: Monday, July 11, 2016 LOGAN — In 1992, I was forced to forego my first opportunity to see a touring Broadway show in Salt Lake City to go to scout camp. To a theatre-obsessed twelve-year-old boy growing up in Brigham City, this was nothing short of an … Continued
UTAH FESTIVAL OPERA AND MUSICAL THEATRE PRODUCTIONS SHINE LIGHT ON SOCIAL ISSUES
By Chuck Nunn, The Herald Journal Published: Thursday, July 7, 2016 From still-relevant messages on race and class presented in theater classics to a fresh, empowering take on one of the stage's oldest controversial portrayals, the Utah Festival Opera and Musical Theatre's 2016 season is addressing a number of social issues that have been front … Continued
UTAH THEATRE AWAKENS WITH UFOMT PRODUCTION OF 'PETER PAN'
By Chuck Nunn, The Herald Journal Published: Tuesday, July 5, 2016 It's been a long time since the Utah Theatre has been the location of a live performance — a very long time. "Eighty-two years it's been, since any live performance took place on that spot," said Michael Ballam, director of the Utah Festival Opera … Continued
'PETER PAN' TAKES FLIGHT AT THE UTAH THEATRE
By Charlie Schill, The Herald Journal Published: Friday, July 1, 2016 It feels entirely appropriate that a new chapter in the life of the historic Utah Theatre in downtown Logan should open with a light-hearted production of the beloved musical "Peter Pan." The delightfully dated show being staged by the Utah Festival Opera & Musical … Continued
UTAH FESTIVAL OPERA & MUSICAL THEATRE OPENS NEW VENUE, ADDS TO SUMMER OFFERINGS
By Jay Wamsley, Deseret News Published: Friday, June 10, 2016 LOGAN — The opening of a decadelong refurbishing project to the public and the staging of what founding director Michael Ballam calls the "most resource-intensive opera" the company has ever produced are among the highlights of the upcoming season of Utah Festival Opera & Musical … Continued
UTAH THEATRE READY TO USHER IN A 'NEW ERA'
By Katie Peikes, The Herald Journal Published: Thursday, June 9, 2016 A historic theater stood stationary on Center Street for several months after closing in 2006 until members of the Utah Festival Opera & Musical Theatre decided they wanted to reopen it. Built in the 1930s, the Utah Theatre was built as a gorgeous, classy … Continued
A SMALL THEATER IN LOGAN PROVES IT'S THE LITTLE THEATER THAT COULD
By Melissa Allison, Cache Valley Daily Published: Saturday, June 4, 2016 The Utah Theater came to life Friday night as it welcomed the many benefactors who made the renovation possible. Ben Clawson is a member of the board of directors for the theater. "It's been 10 years in the waiting," Clawson said. "We're really excited … Continued
THE UTAH FESTIVAL OPERA & MUSICAL THEATRE SHOWS OFF ITS NEWEST ADDITION
By Melissa Allison, Cache Valley Daily Published: Friday, June 3, 2016 "It's like one of those Shakespearean tragedies," said Gary Griffin, the managing director of the Utah Festival Opera & Musical Theatre (UFOMT). "'Anything that could go wrong, has gone wrong.' But we've overcome." After a decade filled with setbacks, the Utah Theater on Center … Continued
MARRIED PERFORMERS RETURN TO UTAH FESTIVAL OPERA FOLLOWING LOCAL ROMANCE
By Clayton Gefre, The Herald Journal Published: Friday, June 3, 2016 In the summer of 2007, New York native bass-baritone performer Earl Hazell delayed a planned European tour to perform a creatively challenging repertoire at the Utah Festival Opera. At the same time, Arizona State University vocal graduate student Alexis Davis was recommended by her … Continued
UTAH THEATRE TO OPEN AFTER A DECADE OF RESTORATION
By Katie Peikes, Utah Public Radio Published: Friday, June 3, 2016 When Michael Ballam, the founding general director of the Utah Festival Opera & Musical Theatre, came home from sabbatical in Italy 10 years ago, he saw the Utah Theatre at 18 W. Center St. – closed at the time – and knew instantly he … Continued
LOGAN'S UTAH THEATRE PREPARING TO REOPEN
ABC4 Utah Published: Thursday, June 2, 2016 LOGAN, Utah (ABC4 Utah) After nine years and $11 million in renovations a cultural icon in Cache County is finally ready to reopen. The Utah Theatre in Logan shut down in 2007 when those renovations began. At the time, the iconic movie house had become run down. Now … Continued
HISTORIC UTAH THEATRE TO OPEN IN END OF JUNE
By Katie Peikes, The Herald Journal Published: Thursday, June 2, 2016 Nine years and $11.5 million later, the Utah Theatre at 18 W. Center St. will finally open to the public June 24. Michael Ballam, the founding general director of the Utah Festival Opera & Musical Theatre, was on a yearlong sabbatical in Italy over … Continued
AFTER NINE YEAR RENOVATION, UTAH THEATRE NEARLY COMPLETE
By Jennie Christensen, Cache Valley Daily Published: Saturday, May 14, 2016 Nine years after the Utah Festival Opera and Musical Theatre Company purchased the abandoned Utah Theater in downtown Logan, the theater is almost ready to re-open for cultural events. There were construction complications along the way but Gary Griffin, operations manager, says the public … Continued
AREA STUDENTS SNAG 'TONYS' IN MUSICAL THEATER
By Rachel J. Trotter, Standard-Examiner Published: Wednesday, May 11, 2016 OGDEN — Excitement was in the air Saturday, May 14, at Ogden High School's Spencer Fox Eccles Auditorium as the Utah High School Musical Theatre Awards went into full swing. Students from 26 high schools in Utah were nominated for a range of awards and … Continued
BEST OF BEST IN SPOTLIGHT AT 'TONY AWARDS' OF UTAH HIGH SCHOOL MUSICALS
By Rachel J. Trotter, Standard-Examiner Published: Friday, April 22, 2016 OGDEN — Vanessa Ballam had the dream of taking the Utah High School Musical Theatre Awards to different venues around the state and now this year her dream is becoming reality as the show moves to Ogden High School. Ballam is one of the directors … Continued
LOGAN'S UTAH THEATRE: RESTORED, RENEWED AND REMODELLED
By Brian Fryer, Utah Stories Published: Friday, February 19, 2016 It could be said that the revival of Logan's historic Utah Theatre was made possible by an organ donation. Built in 1936 and originally named the Roxy, the one-screen art deco movie house sat for decades as neighboring theaters such as the Capitol and the … Continued


Okay Harlem, Why LVMH Is Taking A Stake In A Sneaker Store In NYC?
Brand Channel reports that Stadium Goods is not just any sneaker store. It's a purveyor of premium basketball shoes and streetwear, with customers including rappers, athletes and other sneakerheads from Harlem to Harare with money to splash out on multiple pairs of shoes at a time. So it came as no surprise that LVMH has announced it's buying a stake in Stadium Goods.
The sneaker consignment store (and still takes in in-demand used shoes) and haute retailer's description:
"We are a premium sneaker + streetwear marketplace selling only the most sought after footwear, apparel and other hard-to-find items on behalf of our sellers. We are driven by our principles and committed to providing the best consumer and consignment experience there is.
We source, scramble and curate the best selection of sneakers we can find from around the globe. We're here to help you find just the right pair, or if it's streetwear you're looking for, we've got you covered."
LVMH, European owner of premium luxury brands Louis Vuitton, CELINE and Dior, is eager to learn firsthand about the art of supply and demand and the dark art of knowing what's hot and how to tease "drop" release-driven retail, as perfected by Supreme, adidas (Yeezy) and Nike (Air Jordan).
LVMH's Luxury Ventures initiative launched last year to acquire minority stakes in emerging luxury brands is investing in Stadium Goods, an online marketplace for sneakers and apparel with a brick and mortar store in NYC's Soho.
Beyond learning it may apply to its luxury brands, LVMH's intent with its stake is to help grow the global sneaker and streetwear marketplace.
Stadium Goods was co-founded in 2015 by John McPheters and Jed Stiller along with CMO Yu-Ming Wu, the mind behind the world's biggest sneaker exposition (New York's SneakerCon).
Their growth has been consistent and steady. Shortly after opening the 3,000-square-foot space, Stadium Goods announced a partnership with eBay to create exclusive custom sneaker and streetwear content, followed by a deal in 2016 with China's Alibaba and its 11.11 Tmall global shopping spree.
A $4.6 million round of financing in January 2017 from Forerunner Ventures (Warby Parker, Dollar Shave Club, Jet.com) and The Chernin Group opened the way for further growth, followed by a deal with online retailer Zalando, giving European consumers access to shop its catalog online.
The store is the location for the Sneaker Shopping web series on YouTube with Complex, which McPheters calls a major awareness-driver. Featuring 92 celebrities including Eminem, Roger Federer, JB Smoove, Usain Bolt, Gucci Mane, Rita Ora, DJ Khaled, Scott Disick and model Bella Hadid, the series has raised Stadium Goods' profile globally.
Reafd the entire article here.
HarlemCeline, DJ Khaled, Eminem, Gucci Mane, JB Smoove, Louis Vuitton, LVMH, Rita Ora, Roger Federer, Scott Disick, SneakerCon, Stadium Goods, The Chernin Group, Usain Bolt, Yu-Ming Wu


Global governance and the role Africa has yet to play
Edel McCormack
Great expectations have often been laid at the doorstep of one of the world's fastest growing regions.
By and large, Africa's economic growth rate and its burgeoning youth population have added weight to the "Africa rising" argument - a term coined to describe Africa's rapid economic expansion since 2000 - and have shifted the dominant view of a region widely dependant on international aid to one that is engaged in global trade and commerce. However, despite these developments, progress in Sub-Saharan Africa is still patchy and dispersed. Weak structural reforms, corruption and inadequate infrastructure continue to overshadow progression. Low economic growth in 2016 and 2017, largely owing to sluggish external demand and a slowdown in the Chinese economy, has slowed the region's growth prospects for the medium term. Such reduced levels of growth will undoubtedly add to the pressure already felt by national governments in their capacity to cope with job creation and urban development, alongside bigger issues such as climate change and social unrest.
Meanwhile, Africa's population continues to grow. According to UN estimates, Africa's share of the global population is projected to increase from roughly 17% in 2017 to approximately 26% in 2050. The population of Nigeria alone is projected to exceed that of the US by 2050, at which point it would become the third largest country in the world. Importantly, the size of Africa's future population will be crucial to the size and distribution of the entire global population. With this in mind, it is necessary to consider Africa's current role in global affairs and in particular its representation within international organisations such as the World Bank, IMF, the UN Security Council and international forums such as the G-20. At present the region's ability to play an active role in determining its future on the global stage is curbed by its lack of representation and voice in such organisations. This is despite the fact that a common aim of these organisations is to stimulate sustainable development within the region.
Is change possible?
Historically, the creation of the World Bank and IMF stemmed from the dominance of the US in world affairs after the second world war. And similarly to those early years, present-day representation in these organisations and others consists mainly of the US and other developed nations. At the IMF, the Executive Board is composed of 24 directors, of which only two represent a total of 46 countries in Sub-Saharan Africa. This compares with countries such as Germany, France, the UK and US that hold one executive director position each. Although the size of a country's economy comes into consideration, the number of countries in both Sub-Saharan African groups contrasts notably with others on the Board. At the World Bank three executive directors represent member countries from the region and within the confines of the G-20 the African Union simply holds an observer status.
However the relationship between the region and the West is beginning to change. The growing presence of China in Sub-Saharan Africa and its relationship with numerous African governments is changing the level of dependence and support that these governments expect and need from the West. For example, China's Belt and Road Initiative, the country's diplomatic trade strategy, has stimulated large scale investment and job creation in the region. A report published in May 2017 by a global consultancy, EY, stated that levels of China-sourced FDI into Africa increased significantly in 2016 with a 106% increase in projects – making China the third largest investor in the region. Although Sub-Saharan Africa continues to receive a large amount of development aid and investment from Western governments and the likes of the IMF, China's growing influence in the region offers an alternative. According to Niall Duggan, director of the MSc International Public Policy and Diplomacy Department of Government at University College Cork, Ireland: "Increasingly, China has become a voice for the developing world and has pushed for reforming current bodies of global governance, as well as the creation of new institutions that will allow the developing world to have a greater say in global governance." However, he cautions against viewing the nature of Chinese involvement as purely benign. Any major changes to the current global governance system from Chinese led initiatives will likely raise questions as to whether these shifts will "truly give a voice to the developing world or will it simply create a Sinocentric system of global governance akin to the current US centric system."
Doing it for themselves
However, regardless of the influence of external players, Sub-Saharan Africa is making progress in playing a more proactive role in areas such as regional security and in the battle against climate change. One example of progress in regional security is the recent approval of the G5 Sahel Joint Force that comprises of troops from Mali, Mauritania, Burkina Faso, Niger and Chad. The Force is charged with the task of fighting terrorism, drug trafficking and human trafficking in the Sahel region. With regards to climate change the establishment of the Conference of African Heads of State and Government on Climate Change by the African Union has bolstered the region's ability to take a lead on climate change internationally. Such initiatives will undoubtedly support the region's case for greater representation on the global stage and the need for wider recognition for the role it can play, however shifts in global governance are likely to play out slowly over the coming years.
The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of The Economist Intelligence Unit Limited (EIU) or any other member of The Economist Group. The Economist Group (including the EIU) cannot accept any responsibility or liability for reliance by any person on this article or any of the information, opinions or conclusions set out in the article.
The Hinrich Foundation Sustainable Trade Index 2018
The Global Illicit Trade Environment Index 2018
Breaking Barriers: Agricultural trade between GCC and Latin America
Edel is a deputy editor for The Economist Intelligence Unit's Thought Leadership division in EMEA. She works on bespoke research and thought leadership programmes in the areas of finance, healthcare and sustainability. From 2013 to October 2015 she worked as editorial coordinator supporting the EIU's Country Analysis, Custom Research and Global Forecasting teams. Additionally, she works as a freelance political and economics contributor covering politics, economics and industry trends in Africa. She holds an International BA in English and French, and Masters in Media and International Conflict.


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Genesis Wars
During the first years of creation, Horus ruled the living plane, Osiris was given the Underworld, and Anubis, the oldest brother, was to guard the gate in between.
Through Osiris' corrupt nature, greed, and jealousy, he assassinated his younger brother Horus out of spite so he could take over the living world. However, Anubis stopped him, and in his rage, casted Osiris back to the Underworld along with his army through a long campaign that lasted many, many years. When the first war was over, Anubis took over Horus' role, and his own, accepting responsibility for not being able to save his younger brother, Horus. In his mourning and greiving, Anubis became corrupt and lost his way, and became evil, and more powerful.
After hundreds of years, Osiris had been secretly building another army, and once again, attempted to overthrow the throne to the living plane. However, just like the first time, Anubis retaliated, and they were met at a stalemate.
Anubis' general, and daughter, Setko, was persuaded and convinced by Osiris to flee the war and escape her father's reign in hopes he could trick her into giving him her powers, her abilities being much like Anubis', and she fled before the last battle of the second Genesis War. Because of her sudden escape from her father's grasp, Anubis' army was crippled, and Osiris found his advantage. However, after a long and terrible last battle, neither could claim victory, and both brothers lost more than before. In anger, Anubis sent out several of his finest hunters after his daughter for treason. But because she used her ability to travel through time, killing her in the process, she had fled far into the future by thousands of years. Because of this, only few of Anubis' hunters remain to find her.
After Anubis sent out his hunters after his daughter, Osiris too set out a few of his beest soldiers to find her as well to take her powers so Osiris could have the upper hand, and once again, attempt to overthrow the living plane. But because of her time travel, only a few of his soldiers remain.
Both of the gods accepted defeat, and both went dormant for many, many years. Because of this, the timeline was corrupted, and many wars have been waged since then. Chaos ensued, which is exactly what Ra, the creator and father, was afraid of.


Interesting facts about surrealism
Surrealism, movement in visual art and literature, flourishing in Europe between World Wars I and II.
Surrealists, inspired by Sigmund Freud's theories of dreams and the unconscious—believed insanity was the breaking of the chains of logic, and they represented this idea in their art by creating imagery that was impossible in reality, juxtaposing unlikely forms onto unimaginable landscapes.
Though it waned as an organized movement, Surrealism has never disappeared as a creative artistic principle.
Surrealism has been and continues to be one of the most influential cultural movements of the 20th century. Its worldwide impact has taken force in multiple spheres of life, ranging from art and literature, to philosophy, politics and social theory. Surrealism has also played an integral role in the growth of the feminist art movement.
Surrealist imagery is probably the most recognizable element of the movement, yet it is also the most elusive to categorize and define. Each artist relied on their own recurring motifs arisen through their dreams or/and unconscious mind. At its basic, the imagery is outlandish, perplexing, and even uncanny, as it is meant to jolt the viewer out of their comforting assumptions. Nature, however, is the most frequent imagery: Max Ernst was obsessed with birds and had a bird alter ego, Salvador Dalí's
works often include ants or eggs, and Joan Miró relied strongly on vague biomorphic imagery.
The word 'surrealism' was first coined in March 1917 by Guillaume Apollinaire. He wrote in a letter to Paul Dermée: "All things considered, I think in fact it is better to adopt surrealism than supernaturalism, which I first used".
Surrealism grew principally out of the earlier Dada movement, which before World War I produced works of anti-art that deliberately defied reason – but Surrealism's emphasis was not on negation but on positive expression.
Surrealism was a movement that began in Paris in the 1920s. It was created in direct response to the horrors of the First World War and to the relatively restrictive conventions of the art world at the time. The point of Surrealism was to bridge the conscious and unconscious mind, to liberate the subconscious, and to get at the heart of what art could truly be when it
was not constrained by convention.
The movement in the mid-1920s was characterized by meetings in cafes where the Surrealists played collaborative drawing games, discussed the theories of Surrealism, and developed a variety of techniques such as automatic drawing. Breton initially doubted that visual arts could even be useful in the Surrealist movement since they appeared to be less malleable and open to chance and automatism. This caution was overcome by the discovery of such techniques as frottage, grattage and decalcomania.
Soon more visual artists became involved, including Giorgio de Chirico, Max Ernst, Joan Miró, Francis Picabia, Yves Tanguy, Salvador Dalí, Luis Buñuel, Alberto Giacometti, Valentine Hugo, Méret Oppenheim, Toyen, Kansuke Yamamoto and later after the second war: Enrico Donati. Though Breton admired Pablo Picasso and Marcel Duchamp and courted them to join the movement, they remained peripheral. More writers also joined, including former Dadaist Tristan Tzara, René Char, and Georges Sadoul.
Early followers of the Surrealism movement were revolutionaries who sought to unleash human creativity. Breton opened a Bureau for Surrealist Research where members conducted interviews and assembled an archive of sociological studies and dream images.
Surrealism quickly spread from Paris to its surrounding European countries during the late 1920s to early 30s. The International Surrealist Exhibition held in London in 1936 was a defining moment for the movement in Britain, as it brought attention to now prominent surrealist artists, Ben Nicholson, Barbara Hepworth, and Henry Moore.
By the 1940s, Surrealism had spread to the United States. As the Second World War caused many to flee Europe, various surrealists who emigrated to America disseminated their ideas and theories to intellectuals and artists there. Joseph Cornell, Man Ray, and Dorothea Tanning were some of the key Surrealist artists who helped propel the avant garde movement in America.
Born in Strasbourg, Jean Arp (1886–1966) was a Dada pioneer who wrote poetry and experimented with a variety of visual mediums such as torn paper and wooden relief constructions. His interest in organic forms and spontaneous expression aligned with surrealist philosophy. Arp exhibited with Surrealist artists in Paris and became best known for fluid, biomorphic sculptures such as "Tête et coquille" (Head and Shell). During the 1930s, Arp transitioned to a non-prescriptive style he called Abstraction-Création.
Spanish Catalan artist Salvador Dalí (1904–1989) was embraced by the Surrealism movement in the late 1920s only to be expelled in 1934. Nevertheless, Dalí acquired international fame as an innovator who embodied the spirit of Surrealism, both in his art and in his flamboyant and irreverent behavior. Dalí conducted widely-publicized dream experiments in which he reclined in bed or in a bathtub while sketching his visions. He claimed that the melting watches in his famous painting, "The Persistence of Memory," came from self-induced hallucinations.
Tags: Art, Facts, Fun, Interesting, Surrealism
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5 Successful Writers Who Received Rejection Letters #BadAssWriterShit
By: Alexandra Evans
https://screencraft.org/2014/03/19/5-successful-writers-received-rejection-letters/
Even the best of the best start from humble beginnings and fail along their journey to stardom. Here are five writers who once received rejection letters, proving we should never let rejection stop us from achieving our goals.
1. Tim Burton – Tim Burton is famous for cinematic masterpieces such as "Edward Scissorhands," "Beetlejuice" and "The Nightmare before Christmas." The talented producer, artist and director may be well known now for his creative, unique taste, but it wasn't always this way. In fact, the very company that ended up awarding him a fellowship and giving him freedom to pursue his own projects once rejected Burton. A Disney editor, T. Jeanette Kroger, wrote Burton a letter rejecting first children's book, "The Giant Zlig." The editor wrote, "It may, however, be too derivative of the Seuss works to be marketable – I just don't know. But I definitely enjoyed reading it." A few years later, after honing his skills, he was hired as an animator's apprentice at Disney.
2. J.K. Rowling – The famous author was once a struggling writer. She submitted her first Harry Potter novel, "Harry Potter and the Philosopher's Stone," to twelve publishing houses and was rejected each time until a small publisher in London named Bloomsbury took a chance on the book. After that, the story became so popular that Rowling continued writing the story into several more novels that sparked a film franchise and Harry Potter-themed video games. Rowling has said that "Often, you have to fail as a writer before you write that bestselling novel or ground-breaking memoir. If you're failing as a writer – which it definitely feels like when you're struggling to write regularly or can't seem to earn a living as a freelance writer – maybe you need to take a long-term perspective."
3. Kurt Vonnegut – In his youth, the famous "Slaughterhouse-Five" writer mailed three samples of his work to "The Atlantic" and received a rejection letter in 1949 from the editor, Edward Weeks. The editor wrote, "I am sincerely sorry that no one of them seems to us well adapted to for our purpose. Both the account of the bombing of Dresden and your article, "What's a Fair Price for Golden Eggs?" have drawn commendation although neither one is quite compelling enough for final acceptance. Our staff continues fully manned so I cannot hold out the hope of an editorial assignment, but I shall be glad to know that you have found a promising opening elsewhere." This famous letter now hangs in the Kurt Vonnegut Memorial Library in Indianapolis.
4. Sylvia Plath – Pulitzer-prize winning poet, Sylvia Plath, once had to drastically cut her work for publishers. In a semi-rejection letter to Plath, the New Yorker requested the entire first half of "Amnesiac" to be cut. Plath published her first poem at age eight and had published many more by the time she entered Smith College on a scholarship in 1950. While being a student, she suffered a breakdown that landed her in a mental hospital, and her deep depression unfortunately led her to commit suicide in February 1963, only two weeks after the publication of her autobiographical novel, "The Bell Jar." Since her death, Plath has become a heroine and martyr of the feminist movement. "I love my rejection slips. They show me I try," she once said.
5. Edgar Rice Burroughs – In 1913, Edgar Rice Burroughs sent his manuscript to The All-Story Magazine for serialization and was initially rejected. The Rand McNally & Company wrote, "We are returning under separate cover The All-Story magazine (Oct 1912) containing your story, "Tarzan of the Apes." We have given the work careful consideration and while interesting we find it does not fit in with our plans for the present year. Thanking you for submitting the story to us." Instead of accepting defeat, Burroughs persisted with the same story and in October the publisher agreed to print the first installment. After that, the author went on to reach fame with "Tarzan of the Apes", which has spawned 25 sequels and countless reproductions. A film of the same name is currently in pre-production and set for release in 2016.


India and Vietnam trade reached US$15 billion in 2022
Vietnam Customs data for the year 2022 reveals that the total merchandize trade between India and Vietnam crossed USD 15 billion registering a growth of 13.92% over last year. India's exports to Vietnam amounted to USD 7.08 billion while exports by Vietnam to India stood at USD 7.96 billion. India became the 8th largest trading partner of Vietnam, the 8th largest exporter to Vietnam and 10th largest importer from Vietnam.
2. Major export commodities from India were iron and steel, machinery and equipment, ordinary metals, gems and jewellery, seafood, animal feed ingredients, auto-components, pharmaceutical, chemicals, maize, cotton of all kinds and other agricultural commodities. From Vietnam, mobile phones and accessories, computers and electronic hardware, machinery and equipment, ordinary metals, chemicals, footwear, garments and textile materials, rubber and plastic resin, products of steels were key exports to India in 2022.
3. Agro-commodities with an export value of USD1.3 billion, electric machinery and equipment with USD 549 million, ordinary metals and products with USD 515 million, gems and jewellery with USD400 million, auto-components with USD 365 million, chemicals with USD307 million, pharmaceuticals with USD300 million registered positive growth of export from India to Vietnam. Some commodities such as iron and steel, maize, cotton of all kinds, yarns, pesticides and paper of all kinds declined in their export value to Vietnam in 2022.
4. Bilateral trade between India and Vietnam has been gradually growing in the last few years and both countries agreed to explore substantive and practical measures to achieve the trade target of USD15 billion at the earliest. The total merchandize trade between India and Vietnam was USD 10.68 billion in 2018 and US$ 11.21 billion in 2019. The total trade declined to USD 9.67 billion in 2020 due to the COVID-19 outbreak and consequent global disruptions. The bilateral merchandize trade gained momentum and reached USD 13.21 billion in 2021.
6. Vietnam's total merchandize trade for the year amounted to USD 730 billion with 23% growth over the year 2021 with a surplus of USD 12.4 billion for Vietnam. Vietnam's exports stood at USD 372 billion while it's imports were valued at USD 359 billion.
7. The year 2022 also witnessed increase in exchanges of business delegations, business to business interactions, easing travel through direct flights, organization and facilitation of participation of companies at each other's trade fairs, exhibitions which contributed to the growth in bilateral trade between the two countries.
Hanoi.


Dr. Joshua Lingel
Joshua Lingel is the President and visionary leader of i2 Ministries. Currently, he is responsible for leading training in Muslim Ministry and Islamic Studies for a network of over 20,000 churches in Asia, Africa and South America. The goal of i2 is to provide each church and Christian the accessibility to all the training they need to finish the Great Commission among Muslims from voices of global Christianity.
Joshua Lingel was called into Muslim Ministry at age 18 when God spoke to him to study everything he could about Islam and since then train up the global church to target the Muslims in one generation. He has been involved in Muslim evangelism since 1991. Lingel attended six universities in Islamic Studies, including University of Washington, University of London, Harvard and Talbot School of Theology, in Muslim Ministry and Christian Theology, teaching at Biola University & Talbot School of Theology undergrad & graduate students in Christian Apologetics to Islam since 1999.
From 2003-2009 Joshua Lingel was co-founder and director of strategic projects with Ravi Zacharias International Ministries (RZIM),
He is married to Jussara Robert Lingel and together they lead i2 Ministries.


The New Warriors Ground: A Tour of the Chase Center in San Francisco
The new 18,064-seat arena is the city's largest indoor venue, bringing commerce, life and traffic to the growing Mission Bay neighborhood
Published October 24, 2019 • Updated on March 13, 2020 at 7:36 pm
The Chase Center is the new home of the Golden State Warriors, in San Francisco's Mission Bay neighborhood
The arena will host concerts and other non-baseketball events throughout the year
Restaurants and stores will surround the Chase Center's front plaza, where an 85-foot LED screen will show movies and sporting events
It's a new season in a new home for the Golden State Warriors, moving across the Bay to the 18,064-seat Chase Center — a venue whose designers say they wanted to build a better fan experience from the ground up.
With test patterns displayed on all of its massive walls of LEDs — including the largest center-hung scoreboard in the NBA — the Chase Center smelled more of new carpet and upholstery than the beer and burger aromas more often associated with live sports. Touring the building as workers put the finishing touches on its many bars and clubs, Warriors Senior Vice President John Beaven, who oversees ticket sales, explained some of the design decisions that went into what's now San Francisco's largest indoor entertainment venue.
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"This entire district will slowly come to life over the course of the first year," Beaven explained, strolling across the sunny plaza that leads to the Chase Center's west entrance. The arena is flanked by glass buildings where stores and restaurants are slated to open during the course of the basketball season. To the left of the main entrance, a 10,000-square-foot Warriors team store will be open 365 days a year.
Towering above the plaza's realistic artificial turf, an 85-foot LED wall will show movies and playoff games to the public as they pass by or gather on amphitheater-style seats. The colossal, gently curved Samsung display is a familiar sight to those who've traveled to Las Vegas or New York, but it's the first outdoor LED wall of any kind in San Francisco.
The Chase Center's lobby is built to feel spacious, with a wide-open box office that resembles an airline ticket counter. Designers wanted a "high-end hotel concierge" feel, rather than a fortress of bulletproof glass.
Inside the lobby, where sunlight streams in through windows three stories tall, art hangs from the ceiling and walls, and a box office that resembles an airline ticket counter replaces the usual windows of bulletproof glass.
"We really wanted to take the approach of a high-end hotel concierge type feel, where you feel welcome," Beaven said. "It sets the tone."
The Budweiser Legends Club
The Warriors boast that the Chase Center has a bar or club to accommodate every fan in the building — and some of those spots come with a view of the court. One such club is the Budweiser Legends Club, which looks out into the arena bowl from the top of the lower level.
"Fans in this space will actually be able to grab a drink, and they can just hang out here, or they can go back to their seats," Beaven said.
The arena bowl at the Chase Center is surrounded by bars, clubs and eateries with a view of the action. The Budweiser Legends Club features a full bar and table seating, so fans can grab a drink without missing a thing.
Though it's not right on the floor, the club somehow feels close to the action — a feature Beaven attributes to careful design of the Chase Center's sight lines.
"We really wanted that intimate feel," Beaven said. "So this building is not configured to be an NHL building, because that would impact your basketball sight lines."
Bringing seats closer to the court than they could be if the Warriors left room for a professional hockey rink, Beaven said the building will also be great for concerts — once the massive LED scoreboard retracts into the rafters.
"It's the largest center-hung (scoreboard) in the NBA," Beaven said proudly of the glowing behemoth that comprises 9,699 square feet of LEDs — a square footage nearly equal to that of the Warriors team store.
"There'll be opportunities to run highlights, we'll do some unique things when players are checking in and out of the game," he said.
Beaven said multimedia will be an integral part of the Chase Center fan experience, and the scoreboard will be at the center of that.
Though Oracle's name is no longer on the Warriors' building, it did retain naming rights to the Oracle Suite Level — a ring of luxury boxes twice the size of those at the team's former venue in Oakland. Beaven said the suites, leased out on an annual basis, are aimed squarely at corporations.
"The great thing with live sports is it's one of the last opportunities to really pull people together and enjoy in real time," Beaven said. "So it is a tremendous business tool."
The Chase Center's luxury suites are twice the size of those in Oracle Arena. The Warriors designed the suites as a business tool for corporations looking to bring clients and partners together around live sports.
The suites each feature 12 plush leather seats on a balcony that's cantilevered out over the lower level — a move designed to bring suite guests closer to the action than the luxury boxes at Oracle Arena. From Golden State Warriors logo embossed on the headrests to the basketball-textured leather covers on the food and drink menus, attention to detail is the name of the game when it comes to the Warriors' highest-paying customers.
The seats in the Chase Center's luxury suites are cantilevered out over the lower level, bringing them closer to the court. Giving the venue an intimate feel was a key factor in architectural decisions like this one.
The Upper Level
There's nothing made to feel cheap about the "cheap seats" at the Chase Center. Never mind the parade of San Francisco eateries like Nate's BBQ and Tony G's Pizza that have booths along the extra-wide concourse — the view is enough to make a trip up to the top deck worthwhile.
"We've got a direct line of sight to the Bay," Beaven said, gesturing across the water to the Bay Bridge and the Port of Oakland in the distance. "I think this is gonna be something where fans just come and congregate."
The Chase Center's wide concourses offer sweeping views of the city and the Bay. Here on the upper level, grab a hot dog while gazing across the water to the Port of Oakland. Below, the silver "Seeing Spheres" sculpture is quickly becoming an Instagram magnet.
Along with a self-serve soda machine that pours soft drinks into eco-friendly reusable cups, the upstairs concourse provides a view of the Chase Center's new Seeing Spheres sculpture — a cluster of giant silver orbs with mirrored surfaces that allow visitors to step inside an infinite reflection — and take selfies there.
The Modelo Cantina
Though the Chase Center's designers strove to give every seat a great view, there's one spot where the view isn't the main attraction. Way up in the rafters, the Modelo Cantina may have the farthest seats from the court, but it might just come with the best perks.
"Any fan in the building will have access to this space," Beaven said, although the Cantina also has its own ticketed seating section.
Way up in the nosebleeds, the Modelo Cantina serves a buffet dinner and a complement of cocktails to any fan with a ticket. From here, you can see the gantry where touring concerts will hang lighting and sound equipment. The scoreboard disappears into the ceiling when not in use.
The Modelo Cantina serves a dinner buffet and a full cocktail bar, with seating at long tables facing the court. It will be open during basketball games, and for some concerts that are held in-the-round.
Peering down into the arena bowl from the edge of the Cantina's semicircular balcony, Beaven said with a smile, "We're pretty confident, based on early reaction, that our fans are gonna love this place."
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Are you in the 86%?
Around the world, Book Lovers' Day will be an opportunity for bibliophiles everywhere to rejoice! However, we should spare a thought for the worrying number of children who don't have access to the most basic levels of education, enabling them to participate.
The origins of Book Lovers' Day are entirely unknown, however according to Google Trends, searches for 'National Book Lovers Day' began to appear in August 2007, and prior to that, searches for simply 'Book Lovers Day' showed up in November 2004.
The United Nations also holds an annual celebration of reading known as World Book and Copyright Day on the 23 April, as well as the International Board on Books for Young People (IBBY) who host International Children's Book Day every 2 April.
With so many annual international events celebrating authors, publishers and readers, this really puts into perspective how essential it is to achieve full literacy around the world.
However, despite working towards Sustainable Development Goal 4 (specifically 4.6: achieve literacy and numeracy), a recent UNESCO report on global literacy predicted 30% of adults and 20% of young adults will still be illiterate in low and middle-income countries in the year 2030. We are on track to fail.
Digging in to the statistics, we can see geographic and gender disparities in levels of literacy. According to a BBC investigatory report in 2017, in Liberia alone, almost two-thirds of primary-age female pupils are not in education at all.
Across the globe, sub-Saharan Africa has the highest education exclusion rate of any region. A report from the UNESCO Institute for Statistics tells us that, not only are 21% of primary school age pupils incapable of accessing education, 23% of girls are denied education, in comparison to 'only' 19% of boys.
It's Time To Talk About Illiteracy
If you're reading this, you're one of the 86% of people on the planet who are literate. The remaining 14% are illiterate, and in real terms this equals over one billion people. Literacy rates worldwide range from 100% in Cuba to 22% in Chad. Universally, we need to recognise and celebrate the progress being made, and where rates remain stubborn or are even going backwards (as in Syria) we need to prioritise the solution — education.
Innovative responses abound, such as in Liberia where the Learning Links programme connects literate Liberian women with illiterate Liberian girls; a country where one-in-three girls will leave school due to pregnancy and only one-in-five women are literate. Learning Links trains literate women as tutors to illiterate out-of-school girls. One measure of success is the number of girls who return to school.
Literacy is a foundational pillar of basic education and as such, it's something that we place a lot of emphasise on in instructional design. It's only when children have grasped core skills such a literacy that they can hope to progress in other subjects. In a recent DFID study 80% of Bridge pupils performed above the sample average in literacy. This compares to 62% of pupils at low-cost private schools and 18% at public schools. In Kenya, an average of 30% and 31% of Bridge pupils passed the Early Grade Reading Assessment (EGRA), an examination which tests pupils' reading fluency as well as comprehension. This is in comparison to 16% and 24% of pupils in neighbouring schools.
Not all children are so lucky. This Book Lovers' Day, spare a thought for those who can't read and the challenges that they face through life as a direct consequence of not being literate.
How important is literacy to education and development?
Literacy is so fundamental to learning that its importance cannot be overstated — it is the essential foundation of education. [...]
A Love of Books Leads to Literacy and Learning
Reading is fundamental to opportunity, prosperity and even better health; it's an education bedrock. Yet, around the world, most children [...]
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Glasgow Clyde College Student Association
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White Ribbon Scotland Status
"Not everyone commits violence but everyone has a role in helping prevent it"
GCCSA are delighted to say that we achieved White Ribbon Status and were formally presented with the award by White Ribbon Scotland at a small ceremony on Friday 10 December 2021. The College received the award in recognition of the work that it has done, led by GCCSA, to campaign and raise awareness of all forms of gender-based violence. Click here to read the relevant news article
Presenting the award, Davy Thompson, Campaign Director White Ribbon Scotland said, "Three student teams in a row building on the work of each other to produce a series of events which together have delivered a sustained commitment to addressing violence against women by engaging men in the conversation. Delivering with the support of the College senior management team and staff and reaching out to the student body and beyond. An effort deserving of the award of White Ribbon Status. The initial Project stage complete, Glasgow Clyde College now moves forward with a sustainable GCCSA Led White Ribbon Campaign. Congratulations on your award and thank you for all your hard work."
The work hasn't finished now that White Ribbon Status has been achieved, and the team are committed to a range of activities going forward to ensure that the College is a safe community for staff and students. You can show support and sign the White Ribbon Pledge here, make sure that you attach it to Glasgow Clyde College so that you can also support our status campaign.
You can find out more or email GCCSA@glasgowclyde.ac.uk with any thoughts or ideas.
We are very proud that our Glasgow Clyde College principal Mr Jon Vincent is a White Ribbon Ambassador and will work closely with both GCCSA and White Ribbon Scotland.
White Ribbon Pledge; "I pledge never to commit, condone or remain silent about men's violence against women in all of its forms"


Pink Shirt 2021
Bullying: a significant predictor of poor mental health
Friday 21st of May, 2021 is Pink Shirt Day. A day to recognise the impact of bullying and to help empower people to speak up against bullying. Bullying is a deliberate act with the intention to cause harm to another. Whilst bullying can be a one-off act, it often involves repetitive acts of harm towards another person. Bullying significantly impacts wellbeing and can increase the risk of suicide through the bullied individual feeling disconnected, ostracised and worthless.
Organisationally, a culture of bullying has been associated with suicide [1-7] where being bullied triples the risk of suicide and doubles the risk of depression [4]. Conflict with peers or management has also been found to increase the risk of suicide [8], as does being supervised by someone whom the employee perceives to be bullying or abusive [9].
As employers or people who care for others (such as schools and helping agencies), we have a duty to intervene and stop bullying when we are aware that it is occurring. Organisations that successfully manage bullying have zero tolerance for bullying, have policies in place to manage bullying, and supports in place for victims. These strategies are often part of a wider wellbeing programme and are important to support employees and also the overall wellbeing of the organisation.
So what is your organisation doing for Pink Shirt Day (https://www.pinkshirtday.org.nz/)? The first step might be celebrating Pink Shirt Day to start a conversation about bullying and to raise awareness. Why not run a Pink Shirt Day event? There are lots of resources at the Pink Shirt Day site. But what comes next? How are you supporting your organisation to be bully-free and what is your organisation doing to support staff wellbeing?
If you would like to talk more about how to better support your organisational wellbeing, give us a call or send us an email. We are always happy to help and ready to talk.
1. Leach, L.S., C. Poyser, and P. Butterworth, Workplace bullying and the association with suicidal ideation/thoughts and behaviour: a systematic review. Occupational and environmental medicine, 2017. 74(1): p. 72-79.
2. Milner, A., et al., Psychosocial Working Conditions and Suicide Ideation: Evidence From a Cross-Sectional Survey of Working Australians. J Occup Environ Med, 2016. 58(6): p. 584-7.
3. Nielsen, M.B., et al., Workplace Bullying and Suicidal Ideation: A 3-Wave Longitudinal Norwegian Study. Am J Public Health, 2015. 105(11): p. e23-8.
4. Miller, P., et al., Bullying in Fly-In-Fly-Out employees in the Australian resources sector: A cross-sectional study. PLoS One, 2020. 15(3): p. e0229970.
5. Yildirim, D., A. Yildirim, and A. Timucin, Mobbing behaviors encountered by nurse teaching staff. Nurs Ethics, 2007. 14(4): p. 447-63; discussion 463-5.
6. Balducci, C., V. Alfano, and F. Fraccaroli, Relationships between mobbing at work and MMPI-2 personality profile, posttraumatic stress symptoms, and suicidal ideation and behavior. Violence Vict, 2009. 24(1): p. 52-67.
7. Nielsen, M.B., et al., Does exposure to bullying behaviors at the workplace contribute to later suicidal ideation? A three-wave longitudinal study. Scand J Work Environ Health, 2016. 42(3): p. 246-50.
8. Routley, V.H. and J.E. Ozanne-Smith, Work-related suicide in Victoria, Australia: a broad perspective. Int J Inj Contr Saf Promot, 2012. 19(2): p. 131-4.
9. Liu, Y., et al., Abusive Supervision and Suicidal Ideation: The Potential Role of Meaning in Life. Deviant Behavior, 2020: p. 1-12.


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Land Of Gypsies, featuring vocalist Terry Ilous (XYZ, ex-Great White) releases self titled album
KISSIN' DYNAMITE Release New Single "Yoko Ono" + Official Music Video!
GIANT releases new video "Never Die Young"
U.D.O. Inks Deal With Atomic Fire Records; Announces Special Album Release For Spring 2022
DIRTY HONEY'S BRAND NEW MUSIC VIDEO "THE WIRE"
Toxic Rose To Release Sophmore Album IN FOR THE KILL
JOHN CORABI RELEASES BRAND NEW SINGLE / VIDEO"COSI BELLA (SO BEAUTIFUL)"
'Raise Your Fists' from the forthcoming album by KK's Priest, 'Sermons of the Sinner'
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"BROTHERS IN ARMS" ARE SET TO RELEASE THEIR DEBUT ALBUM FEATURING MEMBERS OF SAVATAGE, DIAMOND HEAD,
Michael Grant & The Assassins unleash new single "Anthem Of Us"
Who's ready for another Michael Grant & The Assassins track? Please enjoy 'Anthem Of Us' from the upcoming debut album "Always The Villain" (July 10th). Turn this track from the former EndeverafteR and L.A. GUNS member up LOUD and let us know how you like it... Listen to the song on YouTube: Hear singles and pre-order/save "Always The Villain" here: https://orcd.co/alwaysvillain #MichaelGrantTheAssassins #LAGUNS
L.A. GUNS feat. Phil Lewis and Tracii Guns release new single 'Let You Down'
L.A. GUNS, featuring Phil Lewis and Tracii Guns, have released a new single, 'Let You Down'. The song was written and recorded this past month while the band is in the midst of work on their next studio album. The band was so struck by the song that they felt the need to release it immediately rather than sit on it for the next studio album. It may or may not appear on said album. Of the song, Phil Lewis says, "This is our new single, 'Let You Down,' a deep haunting work and
Steve Riley's L.A. GUNS release new single 'Crawl'
If there was a band synonymous with the infamous Sunset Strip it is L.A. GUNS. Born into a scene that will never be replicated, L.A. GUNS rode alongside Motley Crue, Guns n' Roses, Ratt, Poison, Quiet Riot and co. in one of the biggest movements in Music history. L.A. GUNS are without a doubt Hollywood Rock Royalty and their new album Renegades (produced by Steve Riley) will be released later this year. The band was formed in 1986 and signed with Polygram Records in 1987
Steve Riley's version of L.A. GUNS to release new single 'Crawl' on April 20th
L.A. GUNS to release new single 'Crawl' on 20th April on Golden Robot Records. Having recently signed to Golden Robot Records part of the Golden Robot Global Entertainment Group, the legendary L.A. Gunsare set to release their new single 'Crawl' on April 20th. 'Crawl' is now available for Pre-Order / Save. Pre-Order / pre-save 'Crawl': https://smarturl.it/LAGuns-Crawl If there was a band synonymous with the infamous Sunset Strip it is L.A. GUNS. Born into a scene tha
M3 ROCK FESTIVAL Rescheduled For September
The 2020 M3 Rock Festival, originally scheduled for May 1-3 at the Merriweather Post Pavilion in Columbia, Maryland, is being rescheduled to Labor Day Weekend, September 4-6, 2020 due to the coronavirus pandemic that is spreading across the globe. All tickets will be honored on the new dates. Unfortunately, RATT and TYKETTO will no longer be able to perform, but the organizers are thrilled to announce the addition of WINGER to the lineup. "We can't wait to rock with you this
Hair Band Heaven's Top 20 Albums of 2019
Another year of killer releases from some of the eighties biggest bands and a ton of great new releases from up and coming hard rock/metal bands. There were some great albums released this year, making this one of the hardest years to narrow it down to the top 20. Check the bottom of the page for our honorable mentions. #20 - Freedom Call "M.E.T.AL." Since their 1999 debut Stairway To Fairyland, the act from southern Germany has been synonymous with anthemic melodic metal, dr
L.A. GUNS FEAT. PHIL LEWIS & TRACII GUNS RELEASE NEW EP
Just in time for the holiday season and most importantly, Christmas carolling season, L.A. Guns have released a brand new digital EP, "Another Xmas In Hell". Featuring covers of holiday classics by The Damned, Ramones, Slade, and Billy Squier, these tracks will surely liven up your holiday festivities and provide a suitable soundtrack to guzzling down your spiked eggnog. Stream or download it on your preferred digital service HERE: https://orcd.co/lagxmasep L.A. Guns, between
STEVE RILEY Announces His Version Of L.A. GUNS To Play At M3 ROCK FESTIVAL
Steve Riley has recruited Orlando, Florida-based guitarist/vocalist Kurt Frohlich to front his version of L.A. GUNS at next month's M3 Rock Festival. Frohlich's addition to the group was confirmed via a graphic posted on the Facebook page of Riley's L.A. GUNS. In addition to Frohlich and Riley, the L.A. GUNS lineup that will perform at M3 will include bassist Kelly Nickels (a member of L.A. GUNS' "classic" incarntion) and guitarist Scott Griffin(who played bass for the band f


6364 Library Rd | South Park, PA 15129 | Tel: 412-835-0616
Raymond P. Doerr
January 21, 1925 ~ July 31, 2018 (age 93)
Raymond P. Doerr, of Bethel Park, died on Tuesday, July 31, 2018, age 93, after a long, full life, in the comfort of his home surrounded by family. He served proudly in the Army Air Force in the South Pacific during WWII. Ray was a graduate of Duquesne University. He was preceded in death by infant daughter, Debbie, and a brother Howard. Ray is survived by his loving wife of 31 years, Gloria (Davies-Mulholland) Doerr, two children, Julie (Todd Arenson) of Park City, UT and Jeff of Pittsburgh, two step-children, Edward (Beth) Mulholland and Jamie Mulholland-Slappo (Jerry), Pappy Ray to three much loved step-grandchildren Mia Mulholland and Lily and Hayden Slappo, also survived by sister, Loretta "Susie" Winstel (Bob) of Winter Haven, FL, and many nieces and nephews. If desired, contributions may be made to Allegheny Health Network Healthcare at Home, 500 Commonwealth Dr., 1st Floor, Warrendale, PA 15086. Family extends special thanks to Ray's caregivers at Allegheny Health Network for their excellent compassionate care of Ray during his final illness, especially Leslie Sullivan, R.N. and Kathy Motor, aide. Entombment Thursday at 11:00 a.m. in the National Cemetery of the Alleghenies with Full Military Honors, 1158 Morgan Rd., Bridgeville, PA 15017. EVERYONE PLEASE MEET AT THE CEMETERY. Arrangements entrusted to David J. Henney Funeral Home, Library. Ray's suffering is over and he is free of pain. Rest in peace Ray Doerr. www.davidhenneyfuneralhome.com
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| South Park, PA 15129
| henney5@hotmail.com
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News: Three special leave grants, two on papers, one oral
Posted on 23 March 2018 by Jeremy Gans
This morning, the High Court ended Eddie Obeid's formal challenge to his conviction for misconduct in public office, refusing the former MP special leave to appeal to the nation's apex court. He wasn't alone in being disappointed. There were just six matters listed for oral hearing today (compared to thirteen a month ago) and only one application was granted) compared to six a month ago. On the other hand, the Court had already granted special leave in two matters on the papers this Wednesday, albeit out of around fifty dealt with without a hearing.)
The three cases where the Court will hear appeals some time this year are: Continue reading →
Posted in News, Opinions
Clone Pty Ltd v Players Pty Ltd (in liq, recs and mgrs apptd)
Posted on 22 March 2018 by Katy Barnett
The High Court unanimously allowed an appeal from a decision of the Full Court of the South Australian Supreme Court regarding the power of a court to set aside one of its own perfected judgments on the basis of misconduct falling short of fraud. It was held that for the equitable power to set aside a judgment required actual fraud by the party who succeeded at trial, and such fraud had not been adequately proven or pleaded in this case. However, it was not necessary for the party seeking to set aside the judgment to exercise reasonable diligence to discover the fraud. Continue reading →
Posted in Case Pages, Cases Heard, Opinions
Alley v Gillespie
The High Court has answered questions in a stated case brought by a common informer challenge to the capacity of a member of the House of Representatives elected at the July 2016 federal election. Section 3 of the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) provides that any person who has sat in Parliament 'while he or she was a person declared by the Constitution to be incapable of so sitting' is liable to pay 'any person who sues for it in the High Court' a sum of money. The defendant was declared elected as a member of the House of Representatives on 20 July 2016. On 7 July 2017, the plaintiff commenced proceedings under the Common Informers Act, contending that the defendant was incapable of sitting as an MP because he holds shares in a company that leased premises to Australia Post, contrary to s 44(v) of the Constitution. After a query about whether the High Court has jurisdiction to decide the anterior question of the defendant's eligibility to sit as an MP, Bell J formulated the questions for the Full Court as follows:
(1) Can and should the High Court decide [in this proceeding] whether the defendant was a person declared by the Constitution to be incapable of sitting as a Member of the House of Representatives for the purposes of section 3 of the [Common Informers Act]?
(2) If the answer to question (1) is yes, is it the policy of the law that the High Court should not issue subpoenas in this proceeding directed to a forensic purpose of assisting the plaintiff in his attempt to demonstrate that the defendant was a person declared by the Constitution to be incapable of sitting as a Member of the House of Representatives for the purposes of section 3 of the Common Informers Act?
The Court unanimously answered Question 1 'no', and consequently it was not necessary to answer Question 2.
The joint judges (Kiefel CJ, Bell, Keane and Edelman JJ) held that whether the defendant is incapable of sitting as an MP is a question to be determined by the House of Representatives, unless it resolves to refer the matter to the Court of Disputed Returns. This answer to Question 1 is determined by ss 46 and 47, and their relation to s 44, of the Constitution. Section 46 Continue reading →
Posted in Case Pages, Opinions, Pending Cases
Re Kakoschke-Moore
The High Court, sitting as the Court of Disputed Returns, has decided a matter referred to it by the Senate over the eligibility of two South Australian senate nominees. Skye Kakoschke-Moore and Timothy Storer who were third and fourth in the Nick Xenophon Team order of senate candidates for the 2016 federal election. Following that election, on 4 August, Kakoschke-Moore was returned as a senator for South Australia. On 3 November 2017, NXT resolved to expel Storer from the party, and by 6 November he purported to resign from the party. On 22 November, Kakoschke-Moore resigned as a senator after receiving confirmation from the United Kingdom Home Office that she was a British citizen. The Senate then resolved on 27 November to refer to the High Court the question of whether, by reason of s 44(i) of the Constitution, which provides that any person who is a subject or citizen of a foreign power shall be incapable of being chosen as a senator, there was a vacancy in the Senate for the place for which Kakoschke-Moore was returned. On 30 November, Kakoschke-Moore submitted the form to renounce her UK citizenship, and received confirmation on 6 December from the Home Office that her renunciation was effective on that date.
On 24 January 2018, Nettle J declared that Kakoschke-Moore was incapable of being chosen or sitting by reason of s 44(i). Nettle J also reserved three further questions for the Full Court's determination, which the Court answered on 13 February (see order below), delivering its reasons on 21 March.
The Court unanimously held that the vacancy left by Kakoshcke-Moore should be filled by a special count of the votes cast on 2 July 2016; that Kakoschke-Moore's renunciation of her British citizenship in December 2017 does not render her capable of now being chosen to fill the vacancy; and that Storer should not be excluded from the special count.
On questions one and two, the Court rejected Kakoschke-Moore's contentions that the Court should declare her elected because she has now renounced her Continue reading →
Posted in Case Pages, Decided Cases, Opinions
Craig v The Queen
The High Court has unanimously dismissed appeal against a decision of the Queensland Court of Appeal on a defendant's decision not to testify in the context of a domestic violence murder conviction. Although he told his solicitors that the killing was an accident that occurred after the victim attacked him, his defence at trial instead relied on his police interview that described the killing as a deliberate attack that occurred in the heat of the moment. The defendant's reasons for not testifying were evidenced in the following signed instructions he gave to his solicitor before the trial:
I am not relying on self defence or provocation as defence for tactical or legal reasons. Firstly, I did not raise these defences in my interview to police and secondly it would require me to give further evidence if such defences were to be raised. I have already given my preliminary view that I do not wish to give evidence as I do not want to be cross-examined about my previous criminal history.
On appeal, the defendant's trial counsel explained that the advice was based on a number of contingencies that might arise during the defendant's testimony – imputations against the police or the victim, assertions of his good character or the substance of his defence that the killing was an accident – which might allow the introduction of his earlier conviction for a home invasion where a person was fatally stabbed, but admitted that he had not told the defendant that the trial judge would have to give leave for that to occur. The QCA held that the trial counsel's advice was incorrect, but dismissed the defendant's appeal because the decision not to testify was a sound, forensic decision where the wrong advice was merely 'an additional, but inaccurately expressed, reason'.
A unanimous High Court consisting of all seven judges rejected the defendant's argument that he could not be held to a forensic decision that was informed by incorrect legal advice. Continue reading →
Re Lambie
The High Court, sitting as the Court of Dispute Returns, has answered a question referred to it by the Senate on eligibility of being chosen under s 44 of the Constitution. The reference originally concerned then-Senator Jacqui Lambie's eligibility under s 44(i), but following her resignation it focused on the eligibility of Steven Martin, another Senate candidate who, following a special count, was chosen to fill Lambie's vacancy. The matter then focused on s 44(iv), which provides that '[a]ny person who … holds any office of profit under the Crown … shall be incapable of being chosen or of sitting as a senator'. Martin holds the office of mayor and councillor of Devonport City Council, a local government corporation established under the Local Government Act 1993 (Tas).
On 6 February 2018, the Court held that Martin was not incapable of being chosen or of sitting as a senator by reason of s 44(iv), and delivered its reasons for that answer on 14 March. The joint judges (Kiefel CJ, Bell, Gageler, Keane, Nettle and Gordon JJ) first emphasised the importance of s 45(i), which provides that if a senator becomes subject to any of the disabilities in s 44, that senator's place 'shall thereupon become vacant' (at [6]). The temporal relationship between ss 44 and 45 is the process of 'being chosen' in s 44 remains incomplete until a person not subject to a s 44 disability is validly returned as elected, whereas s 45 operates to vacate the place of a person validly returned who later becomes subject to a s 44 disability (see [7]). In this matter, there was no dispute that 'the Crown' refers to the executive government of a State, and no dispute that the offices of mayor and councillor in Tasmania are each an 'office of profit' (at [9]). The sole issue was whether those offices are 'under' the executive government of Tasmania (at [10]–[12]).
The joint judges then turned to the pre-Federation history of s 44(iv), noting that nothing in that history suggests it had a technical meaning at Federation, and that nothing in the drafting history suggests there was any significance for that choice of words (at [17]). Consequently, the joint judges saw pre-Federation history as 'more enlightening as to the purpose of the disqualification', Continue reading →
Pike v Tighe
The High Court has allowed an appeal against a decision of the Queensland Court of Appeal on whether a local council can enforce planning conditions that were agreed by a previous land owner when the land was subdivided. Section 245 of the Sustainable Planning Act 2009 (Qld) provides that
(1) A development approval (a) attaches to the land the subject of the application to which the approval relates; and (b) binds the owner, the owner's successors in title and any occupier of the land.
(2) To remove any doubt, it is declared that subsection (1) applies even if later development, including reconfiguring a lot, is approved for the land or the land as reconfigured
In 2009, the Townsville City Council approved a subdivision on the condition that the then-owner register an easement to allow pedestrian, vehicle and utilities access to the back-lot, which the owner never did. That decision was made under the Integrated Planning Act 1997 (Qld), s 3.5.28 of which is substantially reproduced in s 245. When the subdivision was registered and both lots later sold, the Queensland Planning and Environment Court granted the new back-lot owner an 'enforcement order' to prevent the new front-lot owner from committing a 'development offence' by not registering the utilities easement. The QCA unanimously quashed the order on the basis that the Council's subdivision conditions did not attach to the land following the subdivision.
The High Court (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) unanimously allowed the appeal, holding that s 245 obliges a successor to title after a reconfiguartion to comply with the condition of the approval of that recondition even if it was not satisfied by the original owner, and that QPEC may make an enforcement order requiring the successor to fulfil that condition.
After reviewing the facts (at [3]ff), the statutory provisions (at [8]ff), and the decisions of the lower courts (at [15]ff), and the submissions of the parties (at [28]ff), the Court ruled that the appellants' second submission — that even if the respondents were not a party to the development approval, that does not preclude an enforcement order from being made against them — Continue reading →
Kalbasi v Western Australia
The High Court dismissed, by majority, an appeal against a decision of the Western Australian Court of Appeal on a conviction and sentencing for drug importation. The appellant was convicted for attempted possession of 5kg of methylamphetamine with intent to sell or supply them to another, after police intercepted the drug shipment in two tool cases, substituted salt for the drugs, and then surveilled a Perth man take the cases home and unpack them in front of the appellant. The trial judge directed:
I'm now going to deal with the fourth element upon the jury aid, that the accused intended to sell or supply the prohibited drug or any part of it to another. Members of the jury, you can give that element a tick. It is not an issue for you in this trial.
The WASCA dismissed the appeal, holding that, although this direction was incorrect (as a statutory presumption of intent to sell or supply did not apply to the offence of attempted possession), the so-called 'proviso' to Western Australia's criminal appeal statute (that the Court 'may dismiss the appeal if it considers that no substantial miscarriage of justice has occurred') applied.
The High Court formed a bench of seven judges to address the meaning of its 2005 precedent on the 'proviso', Weiss v The Queen, which held:
No single universally applicable description of what constitutes "no substantial miscarriage of justice" can be given. But one negative proposition may safely be offered. It cannot be said that no substantial miscarriage of justice has actually occurred unless the appellate court is persuaded that the evidence properly admitted at trial proved, beyond reasonable doubt, the accused's guilt of the offence on which the jury returned its verdict of guilty.
The appellant argued that the WASCA's approach that regards the 'negative proposition' as determining the application of the proviso unless there was a 'fundamental' error of 'process' either 'misapplies the principles explained in Weiss or, if it does not, Weiss should be qualified or overruled.' The Court unanimously declined to overrule Weiss, but divided on whether the ruling was correctly applied in this case. Continue reading →
Irwin v The Queen
The High Court unanimously dismissed an appeal against a decision of the Queensland Court of Appeal on the defence of accident to a grievous bodily harm conviction. The appellant and his former business partner fell out over business dealings and an adultery claim, leading to a fight in a Gold Coast shopping mall. The jury convicted the appellant of grievous bodily harm for breaking the victim's hip after shoving him over, but acquitted him of another charge that he kicked the victim while he was on the ground. The defence of accident in s23 of Queensland's Crimninal Code states (emphasis added):
(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for—
(b) an event that— (i) the person does not intend or foresee as a possible consequence; and (ii) an ordinary person would not reasonably foresee as a possible consequence.
Example: Parliament, in amending subsection (1) (b) by the Criminal Code and Other Legislation Amendment Act 2011 , did not intend to change the circumstances in which a person is criminally responsible.
(1A) However, under subsection (1) (b), the person is not excused from criminal responsibility for death or grievous bodily harm that results to a victim because of a defect, weakness, or abnormality.
The QCA rejected the appellant's claim that the hip fracture fell within s23(1)(b) in the following terms (emphasis added):
A jury may well have considered that an ordinary person in the position of the appellant could not have reasonably foreseen the complainant would in those circumstances suffer a fractured hip. That, it seems, was the trial judge's view. But that is not the test for this Court. It was equally open to the jury on the evidence to reach the contrary conclusion, that an ordinary person in the position of the appellant could have foreseen that the complainant might suffer a serious injury such as a fractured hip from such a forceful push. The resolution of the issue was a matter for the jury. They had the advantage of seeing the height and build of the 55 year old complainant and appellant. Assuming they were of average build and height, the appellant's push of the complainant, necessarily on the medical evidence forceful, on a slight downward sloped tiled ramp, could foreseeably result in the complainant falling badly and seriously injuring himself, even breaking his hip. Such a result was not theoretical or remote.
After reviewing the whole of the evidence, I am satisfied that the jury verdict of guilty of grievous bodily harm was not unreasonable and against the weight of the evidence. It was open to the jury to be satisfied beyond reasonable doubt of the appellant's guilt. It follows that I would dismiss the appeal against conviction.
The High Court (Kiefel CJ, Bell, Gageler, Nettle & Gordon JJ) held (at [44]) that s23(1)(b)'s reference to 'would' 'involves a degree of probability, albeit that it need not be more likely than not, whereas' the QCA's referrence to 'could' 'is a matter more akin to mere possibility' and hence was 'prone to lead to error in the application of s 23(1)(b)(ii)' and 'the practice should not be repeated'.However, the Court noted (at [45]) that the trial judge directed the jury in the correct terms and 'there is no reason to doubt that the jury adhered to those directions, or cause to doubt the reasonableness of the verdict on that basis.'
The Court then turned to the particular reasoning of the QCA, Continue reading →
Construction contractors beware – common clauses may now be unenforceable after Maxcon Constructions v Vadasz
Posted on 1 March 2018 by Opinions on High
By Owen Hayford and Hannah Stewart-Weeks
Senior Fellow in the Melbourne Law Masters and Partner, PwC Legal and Senior Associate, PwC Legal
Probuild and Maxcon Case Page
If you're a construction lawyer or construction industry professional, by now you've probably heard about the recent High Court decision in Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 ('Maxcon') (handed down at the same time as the decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4). Most commentators have focused on the judicial review issue which arose in both of those cases. However, the High Court in Maxcon also determined that a provision in a construction agreement which allowed a head contractor to withhold retention moneys under a subcontract until certain events had occurred under the head contract was a 'pay when paid' provision, and was therefore not legally enforceable under the security of payment (SOP) legislation. (See Kiefel CJ, Bell, Keane, Nettle and Gordon JJ at [16]–[29]. Gageler J at [32] and Edelman J at [41] agreed with the conclusions of the plurality regarding the operation of the SOP legislation, but did not consider the issue determinative of the appeal).
In this instance, the relevant SOP legislation was the Building and Construction Industry Security of Payment Act 2009 (SA) ('SA SOP Act'), but most other States apart from Western Australia and the Northern Territory have similar provisions to the SA SOP Act. Thus, the decision has potentially broad implications for head contractors, not only in relation to retention provisions, but also in relation to other provisions which attempt to make a payment under a subcontract contingent upon an event occurring under the head contract. Head contractors may need to review their subcontracts to ensure that they don't inadvertently contain 'pay when paid' provisions as a result of this decision. Continue reading →
Posted in Decided Cases, Features, Opinions