text:
Changes to Annualised Salaries
in the Modern Awards
posted by: Dannielle Woodward
Annualised salary arrangements allow an employer to pay an employee an annual salary that encompasses all minimum weekly wages, allowances and penalties. Such arrangements are commonly utilised to avoid the administrative burden of paying hourly rates and associated penalties and allowances. However, as part of the four-yearly review of modern awards, the Fair Work Commission has introduced changes to the annualised salaries clause set out in a range of modern awards – and it is catching many employers out.
Annualised Salaries
The changes, which were introduced on 1 March 2020, apply to a number of modern awards, including (but not limited to):
Banking, Finance and Insurance Award
Clerks – Private Sector Award
Health Professionals Award
Legal Services Award
Manufacturing and Associated Industries and Occupations Award
Pharmacy Industry Award
For those parties to an annualised salary or wage arrangement, the changes are significant:
If an employer and employee enter into an annualised salary arrangement, the employer must confirm the agreement in writing. The employer must also keep a record of the particulars of the arrangement, including the amount payable, the terms of the award satisfied by the arrangement and the outer limit of the number of ordinary hours or overtime hours in a given pay cycle that the annualised salary compensates for.
The arrangement must not result in the employee being paid less than they would have if paid in accordance with the award.
If an employee works in excess of the outer limits set out in the arrangement, they must be compensated for same, calculated with reference to the relevant award.
The employer must complete an annual reconciliation (or on termination of the employee's employment) to calculate the amount payable to the employee under the award, and compare same to the annualised salary actually paid. If the employer identifies a shortfall, that shortfall must be paid to the employee within 14 days.
In order to comply with the above, the employer must also keep a record of the employee's hours worked, to be verified by the employee each pay cycle.
It is important to note that the above changes are expected to extend to other awards in the near future.
Common law contracts and off-set clauses
There is, however, an alternative for employers who wish to take advantage of an annualised salary arrangement, without the administrative burden and complexity involved in calculating hourly rates (including penalties and allowances) in accordance with the award. An employer can instead utilise a common law contract and off-set clause. We note such common law contracts and off-set clauses are not affected by the changes mentioned above.
Essentially, an employer can enter into an employment contract with an employee to pay him or her an all-inclusive salary or wage that is greater than the base rate provided for in the relevant award. Such contracts must also include a provision that the annualised salary, being higher than the base rate set out in the award, is paid in satisfaction of the employer's obligations to pay penalties and allowances under the award.
It is important to note, however, that an improperly drafted contract could leave an employer open to an underpayment or unpaid wages claim. Similarly, such claims may also arise from failure to comply with a relevant award. Further, failure to comply with an award, or otherwise breach the Fair Work Act 2009, could result in the imposition of significant penalties.
Whether it is drafting employment contracts or advising on your obligations under an award, our team can assist you with all of your employment law needs. Contact one of our experienced employment lawyers either by phone on 07 4963 2000 or through our online contact form below.
Payment of Personal Leave
-Impacts on Mining & Supporting Industries
posted by: Greg Smart
The High Court is set to consider the proper basis for the payment of personal leave, in a decision which will have broad impacts particularly for mining and supporting industries.
Q1 – How should personal leave be calculated?
In Mondelez Australia Pty Ltd v. AMWU & Ors [2019] FCAFC 138, the Full Court of the Federal Court of Australia considered the question of how to calculate the payment for personal leave.
Under the Fair Work Act 2004, employees get 10 "days" paid personal leave (generally known as sick leave).
The question was whether the leave payment should be calculated based on:
the hours of a "nominal" or average working day; or
on the hours actually missed on the day of the leave.
In that case, employees worked a 36 hour week across three 12 hour shifts.
The employer argued that for each sick day, the employee ought be paid for 7.2 hours; that is, 36 hours divided by 5 working days. The Union argued that if an employee was sick for a 12 hour shift, they ought be paid for the full 12 hours.
On the employer's case, shift workers would receive the equivalent of six sick days, compared with the 10 for an ordinary time worker; while on the Union's case those shift workers would receive 120 hours of leave instead of the ordinary time worker's 72.
In other words, both outcomes involved a degree of inequity.
Q2 – How many hours are there in a sick day?
The majority Full Court of the Federal Court found that the word "day" insofar as it relates to personal leave meant the absence from work during a 24 hour period. This meant that "day" means the number of hours that would have been worked if the employee had not been ill. One of the three justices dissented.
The consequence is that shift workers may receive more hours of sick leave than their ordinary time colleagues. This inequality was balanced, in the Courts mind, by the fact that neither worker would lose money under those arrangements. The Court does not appear to have considered the countervailing additional cost to employers, which could be considerable in the mining industry given the shift arrangements and high hourly rates.
The question, is not, however finally settled just yet. The employer has received special leave to appeal the decision to the High Court which will hear the case in early July. If the High Court upholds the decision, it then remains to be seen whether the government (which joined the proceedings as an interested party) will intervene with new legislation.
We will maintain a watching brief on this decision and provide an update on any developments. In the meanwhile, if you have any employment law questions or disputes, do not hesitate to contact one of our experienced employment lawyers either by phone on 07 4963 2000 or through our online contact form below.
On 1 April 2020, amendments under the Treasury Laws Amendment (Combatting Illegal Phoenixing) Bill 2019, came into force.
Under the previous director penalty regime, a company director may have been held personally liable for the company's unpaid Pay As You Go ("PAYG") and Superannuation Guarantee Charge ("SGC") liabilities. The changes to the director penalty regime are important, and have expanded the regime to include Goods and Services Tax ("GST"), Wine Equalisation Tax ("WET") and Luxury Car Tax ("LCT") liabilities.
Directors become personally liable for PAYG obligations if they are unpaid within three months of the due date. PAYG withholding payment (and reporting) is due 28 days after the relevant payment period (see below).
For small PAYG withholding entities (i.e. where withholdings are less than $25,000.00) who are required to report on a quarterly basis, the payment date is 28 days after the end of the relevant quarter. If payment remains outstanding three months after that date, a director will automatically become liable for that obligation. For example, payment for the first quarter (1 July 2019 to 30 September 2019) is due on 28 October 2019. If that obligation remains unpaid after three months, the company's director(s) will become automatically liable for that unpaid obligation.
For medium PAYG withholding entities (i.e. where withholdings are between $25,001.00 and $1,000,000.00) who are required to report on a monthly basis, the payment due date is on the 21st day of the following month, and automatic personal liability will accrue three months after that due date.
If a company fails to pay its PAYG obligations, but lodges its activity statements within three months of the due date, the Commissioner of Taxation has the power to issue a Director Penalty Notice ("DPN") for the value of that liability. Directors can avoid personal liability by doing one of the following within 21 days of the DPN issuing:
causing the PAYG liability to be paid;
appoint a voluntary administrator; or
placing the company into liquidation.
If, however, a company reports its unpaid PAYG liability after three months of its due date (or otherwise fails to lodge its activity statements), the Commissioner of Taxation can estimate the amount of the company's PAYG liability and issue a DPN to the value of that estimate. A DPN issued in such circumstances is a "lockdown DPN". Should a lockdown DPN issue, the only option available for remitting the penalty (and avoiding personal liability) is to pay the value of the penalty.
Like PAYG obligations, Superannuation Guarantee ("SG") payment is due 28 days after the end of the relevant quarter (or 28 days after month end if monthly payment is required by an award). If the SG is not paid by the due date, a SGC is imposed, being the sum of any unpaid SG owed to employees, plus interest and administration fees. The due date for reporting SGC is one month after the SG due date. For example, SG for the first quarter (ending 30 September) is due on 28 October. If payment of SG obligations is not made by that time, an SGC will arise, which is due 28 November. If the SGC remains unpaid on 29 November, automatic personal liability will raise.
At that point, the Commissioner for Taxation may issue a lockdown DPN. As above, the only way to remit same and avoid personal liability is to pay the value of the penalty.
Amendments to the regime
The amendments to the director penalty regime came into effect on 1 April 2020. In short, those amendments extended the director penalty regime to include Goods and Services Tax ("GST"), Wine Equalisation Tax ("WET") and Luxury Car Tax ("LCT") liabilities (much in the same way the former regime applied to Super Guarantee Charge ("SGC") and Pay As You Go ("PAYG") liabilities). For the purpose of this article, we refer only to GST liabilities, although the same principles apply to WET and LCT liabilities.
GST due dates will vary between entities. Generally speaking, GST will be reported on a monthly or quarterly basis, with lodgement due dates being 28 days after the end of the relevant month or quarter. For example, for monthly reporting, the due date for June will be 28 July, whereas the quarterly reporting, the due date for the first quarter (i.e. the quarter ending 30 September) will be 28 October.
If a company fails to pay GST, but lodges its activity statements within three months of the respective due date, the Commissioner of Taxation has the power to issue a DPN for the value of that liability. As with the former regime (at least in respect of PAYG), directors can avoid liability by doing one of the following within 21 days of the DPN issuing:
causing the GST liability to be paid;
If a company reports its unpaid GST liability after three months of its due date (or otherwise fails to lodge its activity statements), the Commissioner of Taxation can estimate the aggregate of a company's GST liability, and issue a lockdown DPN to the value of that estimate. Should a lockdown DPN issue, the only option available for remitting the penalty (and avoiding personal liability) is to pay the liability.
Having a DPN issue against you can carry serious implications for you and your business. We can work closely with your accountant or financial advisor to ensure you stay ahead of these changes and avoid a DPN. Contact one of our local experts via the form below or by phone today.
– New Bankruptcy & Insolvency Legislation
The Federal Government has introduced significant and radical measures to soften the economic blow that will undoubtedly result from the Coronavirus (also known as COVID-19). Although there are various financial relief packages being rolled out, this article will focus on the measures intended to protect individuals and companies being pushed into insolvency.
For a comprehensive explanation of the bankruptcy process, refer to our article on Bankruptcy.
To summarise, bankruptcy is a legal process that catches most of your debts and liabilities, and may provide somewhat of a "fresh start".
Under the current legislation, an individual may voluntarily enter into bankruptcy (also known as a debtor's petition for bankruptcy), or one of his or her creditors may apply to the Court (referred to as a creditor's petition). In order to bring a creditor's petition, a creditor must first apply to the Official Receiver for a bankruptcy notice to issue against the debtor. In order to make that application, the creditor must be able to demonstrate that:
There is a final judgement confirming that the debt is outstanding (such as an order of the court); and
The amount of the debt (or total of cumulative debts) is greater than $5,000.00.
Once issued, a creditor has six months to serve the bankruptcy notice on the debtor. Once served, the debtor has 21 days to make payment of the outstanding debt, or apply to have the bankruptcy notice set aside. In the event that a debtor fails to comply with a bankruptcy notice, the creditor may rely on same as a presumption of insolvency, and apply to bankrupt the debtor.
The temporary measures being introduced by the Federal Government will see the threshold of $5,000.00 increase to $20,000.00. Further, once served with a bankruptcy notice, a debtor will have six months to make payment, or otherwise apply to set same aside. This is a significant increased from the current 21 day period.
For a more comprehensive explanation of Statutory Demands and how they work, refer to our article "Statutory Demands".
Currently, under the Corporations Act 2001 ("the Act"), a creditor may use a Creditor's Statutory Demand for Payment of Debt ("Statutory Demand") to recover an outstanding debt owed by a debtor company where same exceeds $2,000.00. This includes circumstances where the cumulative total of debts exceeds $2,000.00. Once a Statutory Demand is served (and assuming it complies with all requirements set out in the Act) a debtor company has 21 days to make payment (or otherwise apply to have the Statutory Demand set aside). If the debtor company fails to comply within that timeframe, the creditor can apply to have it wound up in insolvency, relying on the debtor company's failure to comply as a presumption of insolvency.
Similar to the changes to bankruptcy notices, the proposed temporary measures will see the $2,000.00 threshold for Statutory Demands increase to $20,000.00, and the time to comply increased from 21 days to six months.
Further, company directors will enjoy temporary relief from any personal liability arising from insolvent trading. Ordinarily, a director will be personally liable for the debts incurred by the company in circumstances where the director knew, or ought to have known, the company was engaging in insolvent trading, though particularly bad examples of fraudulent or dishonest behaviour will still be actionable.
When will the changes take place?
Although the above changes are yet to be legislated, they have been drafted in the Coronavirus Economic Response Package Omnibus Bill 2020, which is expected to receive Royal Assent in the coming days. Once passed, the above measures will be in force for a period of six months.
It is our understanding that, upon receiving Royal Assent, the changes will apply:
to bankruptcy notices issued after the provisions come into force; and
to all statutory demands (whether new or existing).
There is no doubt that these measures will see a temporary decline in insolvency action, and hopefully provide some much needed relief to those in financial distress. Unfortunately, this may also limit debt recovery options available to creditors. Our article, Debt Recovery v Debt Management may provide some assistance in this regard. If you require further, tailored advice, please do not hesitate to contact us by phone or via the online link below.
It is worthwhile noting that the above measures are a small part of the relief packages being rolled out by the Federal Government. We encourage you to keep informed of the relief available to you, and to stay safe during these difficult and unprecedented times.
I'm going to court
posted by: Brittany Colussi
CRIMINAL LAW, DISPUTE RESOLUTION, FAMILY LAW
Going to Court can be a very stressful and confusing time. We often have clients who are unsure of what to wear, particularly if our client has not been to Court before.
It is important to present yourself appropriately, and to dress suitably for Court. There are a few simple guidelines to follow to ensure that you are dressed appropriately.
Dress Conservatively
You should dress conservatively and make sure your clothes fit you, and that you are modestly covered. If you are wearing a dress or skirt, you should ensure the length is appropriate for Court. You should not wear shorts, dresses and skirts that are shorter than knee length. If you do not have knee length attire, we recommend that you wear stockings underneath or choose to wear pants instead.
Present neatly
You should present as well groomed, with tidy hair and clean clothing. Facial hair should be neat and any tattoos should be covered if possible.
Avoid certain items of clothing
You should avoid wearing jeans, shorts, t-shirts and thongs. You should also avoid any item of clothing with logos or slogans that could be deemed offensive or inappropriate.
Avoid being too formal
It is not necessary for you to wear a suit and tie, dress suit or a tuxedo. You should be aiming to be dressed in smart casual or office appropriate attire.
Avoid buying expensive new clothes
While it is important that you dress appropriately, you should not go to the unnecessary expense of purchasing expensive clothing for your Court appearance. This would not be practical for many clients.
Many clients have appropriate clothing to wear to Court, without needing to purchase new clothes. For example, you could wear the following:-
A simple ironed button down or polo shirt, dress pants and dress shoes; or
A dress or skirt and blouse, conservative in length (knee length or longer) and appropriate footwear.
For more information, or if you would like to speak with someone about your pending court matter, please contact our office.
Brittany Colussi
In every family law property settlement there is a duty to provide financial disclosure. If there is a failure to disclose the court order may be set aside.
If you have been sentenced to a period of imprisonment for one year or less, you may be granted an intensive correction order.
Hiding assets in a
Full and frank financial disclosure is required in every property settlement case, however some people believe they can deceive both their former spouse and the Court.
Conversion & Detinue
Someone has my property and won't give it back. What can I do? We hear this scenario all too often; you've left your personal property at a mate's place, and now they are refusing to give it back. Or maybe they've sold it, or given it away. Depending on the particular circumstances, you may have a claim for conversion or detinue.
What is Conversion?
Conversion is when someone does something with your personal property that is inconsistent with your rights as owner of that particular property. For example, say John lends his lawn mower to Bob and then Bob gives the lawn mower to Sharon – that's conversion.
Using this example, to bring a claim for conversion, John must be able to prove:
He is the owner of the lawn mower (or, at the very least, is entitled to exclusive and immediate possession of the lawn mower);
Bob's use of the lawn mower is inconsistent with John's right to the lawn mower; and
Bob's conduct causes John loss or damage (such as John being out of pocket to buy a new lawn mower).
The relief available for conversion includes:
damages (being the market value of the property at the date of the conversion); and
consequential losses.
Consequential losses are those that result from the offending conduct. For example, if the conversion relates to hire equipment that is not returned at the conclusion of the hire period, the owner would be entitled to compensation for the replacement cost of the equipment, together with any lost income. Or, using the example above, if John operated a lawn mowing business and lost profits because he did not have the lawn mower.
What is detinue?
Detinue is the wrongful detention of another person's goods, and is akin to conversion. However, unlike conversion, a claim in detinue will only arise if the owner has demanded the return of the goods, which has been refused or ignored. Again, using John and his lawn mower as an example, but Bob still has the lawn mower. If John demands Bob return the lawn mower but Bob refuses to hand it over, John will have a claim in detinue.
In order to bring a claim for detinue, John must be able to prove the following:
Bob's use or retention of the lawn mower is inconsistent with John's right to the lawn mower;
John has demanded that Bob return the lawn mower to him;
Bob has failed or refused to return the lawn mower (or allowed John to collect the lawn mower); and
The relief available for a claim in detinue includes:
an order for the return of the goods;
in the alternative, damages instead of the return of the goods (being the market value of the property at the date of the detinue); and
Although we have used a lawn mower as an example, both conversion and detinue apply to any personal property (i.e. any property that is not real estate). We have seen examples including motor vehicles, massage tables, and industrial equipment, to name a few.
How long do I have to bring a claim for conversion and/or detinue?
Section 12 of the Limitations of Actions Act 1974 provides that there is a six year time limit to bring a claim for conversion and/or detinue. That time limit commences from the date the original cause of action arose. For conversion, that will be when the goods are dealt with (e.g. the date Bob gives the lawn mower to Sharon) while for detinue the six years will start from the date of the demand.
If you do not commence court proceedings, then you may lose your legal right to sue the other person and therefore your right to claim ownership of the items.
Can someone lawfully withhold my goods?
Yes. In certain circumstances, another person can withhold your property from you to secure payment for work performed. This is known as a lien.
There are two types of liens; general and particular. A general lien allows a person to detain goods until all monies owed to them are paid. For example, a solicitor may exercise a lien over a client's file until all debts have been paid (and not just for the particular matter to which the detained file relates).
On the contrary, a particular lien can only be exercised over goods for their related debts. For example, a mechanic may exercise a lien over an engine he or she has reconditioned, by refusing to return the engine to the owner until they receive payment for performance of that work. The mechanic could not refuse to return a different engine for which he or she has been paid in full.
It is important to note that this can be a complex area of law, and is rarely straightforward.
If you think you have a claim for conversion or detinue, contact one of our local experts today on 07 4963 2000 or via our online contact form.
ENQUIRE ONLINE NOW
As part of their four yearly review, the Fair Work Commission has introduced changes to the annualised salaries clauses set out in a range of Awards.
Amendments to the director penalty regime came into effect on 1 April 2020. These changes extend a director's obligations under the regime.
In February 2018, amendments to the Privacy Act 1988 saw the introduction of the Notifiable Data Breaches scheme. The Notifiable Data Breaches scheme applies to all organisations that are subject to the Privacy Act and establishes a framework for assessing and responding to data breaches.
Who does the Notifiable Data Breaches scheme apply to?
The scheme is set out in Part IIIC of the Act, and applies to all Australian agencies and organisations (including individuals, bodies corporate, partnerships, trusts and associations). Importantly, the scheme requires an organisation to report any notifiable data breaches to the Information Commissioner, as well as the affected individual.
What is a Notifiable Data Breach?
To summarise, a notifiable data breach will occur when personal information is misused, lost or disclosed without authorisation. Under the Act, a notifiable data breach only occurs when:
the loss, misuse or unauthorised disclosure of information relates to natural persons; and
that data breach must be likely to result in serious harm to the relevant individual.
Although the Privacy Act does not define the term "serious harm", it does provide a number of factors to consider in determining the risk of serious harm. Such considerations include the kind of information, the sensitivity of the information and the persons who have obtained said information. The Explanatory Memorandum offers further guidance.
"Serious harm… could include serious physical, psychological, emotional, economic and financial harm, as well as serious harm to reputation and other forms of serious harm that a reasonable person in the entity's position would identify as a possible outcome of the data breach. Though individuals may be distressed or otherwise upset at an unauthorised disclosure or loss of their personal information, this would not itself be sufficient to require notification unless a reasonable person in the entity's position would consider that the likely consequences for those individuals would constitute a form of serious harm."
What should I do if I have breached the Privacy Act?
A notifiable data breach does not occur if an entity takes remedial action. Remedial action includes the action taken following an otherwise notifiable data breach, to prevent the likelihood of serious harm occurring. For example, remedial action following the loss of personal information will be sufficient if it prevents disclosure or unauthorised access to the lost information. The underlying requirement of the remedial action exemption is that, as a result of the remedial action, a reasonable person would form a view that the misuse would be unlikely to result in serious harm to the individual to which the information related.
If you require further information about your obligations under the Privacy Act, contact one of our local experts on 07 4963 2000 or via our online contact form. We will be more than happy to assist.
How long do I have to sue?
Litigation Limitation Periods
Whether you are enforcing your rights under a contract, seeking damages for negligence or pursuing some other form of relief, anyone considering litigation should be aware of the applicable limitation period.
A limitation period is a period of time prescribed by statute within which a legal action can be brought or a right enforced. The limitation period commences when the cause of action accrues, and runs for the period of time set out in the written law. In Queensland, most limitation periods are set out in the Limitation of Actions Act 1974 ("the Act").
How much time do I have to commence proceedings?
The applicable limitation period will vary depending on the particular cause of action. The below table sets out the limitation periods for some of the more common causes of action.
1 Year Defamation and Claims under the Anti-Discrimination Act 1991 (Qld)
3 Years Claim for damages resulting from personal injuries or death
6 Years Contract, Negligence (save for claims relating to personal injuries/death), Trespass and Nuisance
12 Years Enforcing a judgment
When does a cause of action "accrue"?
Generally speaking, a cause of action will accrue when all of the elements required to establish a claim materialise. This will vary for each specific cause of action. For example, a claim for breach of contract will arise when there is a breach of a material term of a contract (such as failing to pay money or completing works). The limitation period for an action for breach of contract begins to run from the date of the breach. As you can see from the table set out above, a claimant has up to six years to bring an action for that breach.
An action for negligence also has a limitation period of six years (except in respect of personal injury or death claims, where the limitation period is three years). However, the limitation period for a negligence claim begins once loss is suffered or damage occurs.
Calculating the applicable limitation period is not always a straight forward process. For example, a claimant may have a claim in both contract and negligence arising from the same circumstances. Quite often, both causes of action are pursued simultaneously. However, in many instances the limitation period for breach of contract will expire first.
Can a limitation period be extended?
The courts have discretion to extend a limitation period. For example:
Where the claimant is under a disability, the court can order an extension of the relevant time limit to six years after a person ceased being under a disability (or died, whichever is earlier).
In personal injury matters, the court may extend the limitation period by one year where there is a "material fact of a decisive character" that is unknown to the claimant until at least a year before expiry of the limitation period (or afterwards).
Further, in causes of action based on fraud, the Act provides that the limitation period is postponed until the claimant has discovered the fraud, while in certain circumstances an acknowledgment of debt can extend the limitation.
Notwithstanding the court's discretion to extend the limitation period, we do not recommend relying on the exercise of this discretion, as there is a very real possibility that any such application would be refused. In such circumstances, you would lose your right to bring a claim before the court.
Limitation periods, and their application to the various causes of action can be complex and confusing. As such, it is imperative that potential claimants act promptly to protect their rights.
If you think you have a claim, or would like to enforce your rights, contact one of our local experts for confidential advice on 07 4963 2000 or via our online contact form.
Neighbourhood Tree Dispute
Neighbourhood disputes can arise over a variety of matters, and have the potential to become all consuming for those involved. One such example is neighbourhood tree disputes resulting from overhanging branches. The question is, who is ultimately responsible for remedying these issues and any damage caused?
Who is responsible in a neighbourhood tree dispute?
The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 ("the Act") sets out who is responsible for trees located on a particular parcel of land. That person is known as a "tree-keeper", and includes the registered owner of the property the tree is located on.
What are the owner's responsibilities in relation to trees on their property?
The tree-keeper is responsible for:
cutting and removing any branches of the tree that overhang a neighbour's land;
ensuring the tree does not cause serious injury to any person, property or land; and
ensuring the tree does not cause substantial interference with a person's use and enjoyment of a neighbour's property.
A tree-keeper will also be liable for any damage caused by a tree under his or her control, such as where an overhanging branch drops and damages structures located on a neighbouring property.
How do you make a neighbour comply with their obligations in relation to trees?
Ideally, the first step would be for the parties to discuss the matter and attempt to reach a solution. If those discussions are not possible (or unsuccessful), the Act provides a process to deal with overhanging branches.
For branches that overhang more than 0.5 metres but are less than 2.5 metres above ground
For branches that overhang more than 0.5 metres but are less than 2.5 metres above ground, a neighbour can issue a tree-keeper with a notice seeking the removal of the overhanging branches. That notice must:
include a timeframe for removal (at least 30 days from the date of serving the notice);
ask the tree-keeper to provide at least one days' written notice, identifying who will carry out the works and when;
give permission to the tree-keeper (or their contractor) to enter the neighbour's land; and
be accompanied by a written quotation setting out the estimated cost of the work.
In the event the notice is not complied with, the neighbour can cut and remove the overhanging branches (within the bounds of their property), and seek reimbursement for the cost of same from the tree-keeper, up to a maximum of $300.00.
For branches that overhang more than 0.5 metres but are in excess of 2.5 metres above ground
For branches that overhang more than 0.5 metres but are in excess of 2.5 metres above ground, a neighbour can apply to the Queensland Civil and Administrative Tribunal ("QCAT") for an order that the overhanging branches be removed at the tree-keeper's expense. A similar order can be sought in circumstances where a tree has grown to such heights that it causes a "substantial and ongoing unreasonable" interference with a neighbour's enjoyment of their land. QCAT has the authority to make a variety of orders, including an order:
that the tree-keeper carry out specific works, such as trimming branches;
that a contractor enter the tree-keeper's property to carry out specific works; or
for costs, such as for reimbursement for works carried out, or compensation for damages.
It is important to note that the provisions of the Act do not prevent a party from pursuing their rights under common law. For example, notwithstanding the provisions of the Act, a neighbour is still entitled to exercise the right of abatement (that is, removing part of an overhanging branch). Further, the Act does not prevent the parties from bringing a claim at common law, such as a claim for negligence following damage sustained due to encroaching roots.
We can help with all kinds of neighbourhood disputes, regardless of whether you're a tree-keeper or a neighbour. Contact one of our expert team on 07 4963 2000 or via our online contact form below.
Annual Leave for
Casual Employees
Annual leave for casual employees? What the decision in Workpac v Skene means for you.
Under the Fair Work Act 2009 (Cth), an employer is required to pay its permanent employees (part-time and full-time) a number of entitlements, such as:
paid personal leave;
paid compassionate leave; and
Casual employees, on the other hand, are paid at a higher rate than their permanently employed colleagues (due to a 25% casual loading allowance), although there is no requirement for an employer to pay its casual employees any other entitlement, such as annual leave.
However, that position has been challenged in the landmark ruling in Workpac v Skene (2018) FCAFC 131 ("Workpac v Skene"). In that matter, the Court found that an employee engaged on a casual basis, yet working a regular seven day on, 7 day off roster (set 12 months in advance), was properly characterised as a permanent employee and therefore entitled to be paid annual leave.
In summary, Mr Skene was employed by Workpac as a fly-in, fly-out, mine-site machinery operator between April 2010 and April 2014. At all material times, Mr Skene's employment with Workpac was described as casual. Following termination of his employment in April 2014, Mr Skene made a claim for unpaid annual leave entitlements, on the basis that his employment was actually permanent in nature.
Ultimately, the Full Court of the Federal Court of Australia agreed with Mr Skene, and found that his employment with Workpac – although described as casual – lacked the "essence of casualness". In particular, the Court noted that casual employment generally involved the following:
irregular work patterns;
uncertainty;
discontinuity;
intermittency of work;
unpredictability; and
flexibility in the employment relationship.
As a result, the Court held that Mr Skene was entitled to be paid annual leave entitlements. However, the Court also recognised that it was inequitable for an employee to receive both permanent employment allowances (such as paid leave) and casual employment allowances (i.e. loading). As such, it was held that an employer is entitled to set off any permanent employment entitlements against casual loading actually paid, provided that the amount paid for loading could be readily ascertained. Certainly, the introduction of the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) now provides an employer with a statutory right to set off permanent employment entitlements owed, with casual loading already paid.
Workpac v Skene is an important decision that has the potential to impact many employers of casual employees. The decision serves as a reminder to employers that they should:
review existing agreements to ensure employees are properly characterised and paid the appropriate allowances;
review rostering practices and avoid engaging casual employees on a regular and consistent basis;
ensure that casual employees are being paid a clearly identifiable casual loading; and
consider transitioning long-term casual employees to permanent positions.
If you require more information regarding the decision in Workpac v Skene, or employment matters in general, don't hesitate to contact our local, expert team on 07 4963 2000 or via our online contact form below.


text:
Finland - The Expat Reporter
Telling world about Finland
HomeLifestyleHow the Finnish lifestyle of getting drunk while wearing pants became the new hygge
How the Finnish lifestyle of getting drunk while wearing pants became the new hygge
Many of us are familiar with the idea of stripping to our pants, opening a beer and watching TV. But in Finland 'Pantsdrunk' has been elevated to an official activity.
It's been a long day: one meeting after another. You leave your office, happy the working day is finally over. You could head out, network until the early hours, but somehow it doesn't appeal. What you need, more than anything, is to relax and de-stress.
You might be tempted to turn to the popular Scandinavian antidotes to stress, lagom and hygge. But are they really any good? Lagom, a Swedish word, can be translated as "in perfect balance", or "just right". Where lagom reigns, all is as it should be. Proportion is maintained: there's neither too much nor too little… which is where the problem lies. Although lagom encapsulates nearly all aspects of a well-lived life, its puritanism isn't compatible with the realities of the modern world. The problem with lagom lies with its emphasis on being a good person: a good person can never really relax. They're too busy constantly weighing the ethical consequences of every little decision they make. "I could buy a nice pot of hummus to enjoy with dinner, but that plastic pot it comes in is so bad for the environment."
Denmark, meanwhile, is renowned for its hygge – embracing ambience and luxuriating in leisureliness. Hygge is a mug of hot chocolate sipped near an open fire, soft woollen blankets and a row of leather-bound spines on the bookshelf. It's those images we see in interior design magazines and on Instagram. And this is its failing: not all of us have the means to spend our days wrapped in cashmere, reclining on an Arne Jacobsen sofa on stormy autumn evenings. Hygge is like a Disney movie that leaves no place for the mess of real life.
But there is another Scandi option – the Finnish path to happiness. Unlike our lovely neighbours, the Finn relies not on lagom or hygge but kalsarikänni, a term that literally means "drinking at home, alone, in your underwear". This may sound fanciful but at the heart of this approach lies a democratic ideal. "Pantsdrunk" doesn't demand that you deny yourself the little things that make you happy or that you spend a fortune on Instagrammable Scandi furniture and load your house with more altar candles than a Catholic church. Affordability is its hallmark, offering a realistic remedy to everyday stress. Which is why this lifestyle choice is the antithesis of posing and pretence: one does not post atmospheric images on Instagram whilst pantsdrunk. Pantsdrunk is real. It's about letting go and being yourself, no affectation and no performance.
It's easy to see how pantsdrunk evolved as a response to the harsh Finnish environment, one of perpetual gloom and freezing temperatures for nine and a half months of the year. Look out of a window on a Finnish November day and much of the time it's pitch dark and freezing, a lacerating sleet is falling and the pavements are crusted in ice and slush. Often the streets are deserted and human companionship requires a lengthy and unpleasant trek. And that's at noon, the brightest point of the day. No wonder pantsdrunk came into being.
The liberating effect of this Finnish path to happiness derives from simple elements: comfortable clothes, alcohol imbibed in appropriate amounts and no intention of going out. That's not to say that pantsdrunk needs to be a solo activity. It can also be enjoyed with a good friend, housemate or perhaps a relative. When practised properly, pantsdrunk with one's spouse or significant other expands and deepens the relationship.
All you really need is the foresight to prepare. Pack the fridge full of budget-brand artisanal beer, stock up on dips, crisps and chocolate – and make sure you have the latest psychological drama ready to watch on Netflix. When you get home, immediately strip off your outer layers of clothing (the basic rule: take off anything that's even mildly uncomfortable or formal). Dressing for pantsdrunk generally means undressing. Gradually you'll reach the most pleasurable moment of your striptease: the slow peeling off of your sweaty socks from your feet, a sensation that deserves its own Scandi expression. Now saunter to the kitchen and grab one of the cold beers from the fridge. Sink down on the sofa in your underwear and let out a deep sigh of relief.
If you're questioning the complexity of this formula, then consider the fact that pantsdrunk is not just Finnish folklore or a self-care phenomenon; it's also official foreign policy. Almost three years ago, the Ministry of Foreign Affairs' Unit for Public Diplomacy launched two emojis of people drinking in their underwear in armchairs – a man in briefs with a beer and a woman with a glass of red wine – to represent Finnish culture.
As a lifestyle choice, pantsdrunk is not in conflict with lagom and hygge. They all spring from the same Nordic origins and share the same ultimate goals: optimal peace of mind, comfort and equilibrium. Each has been shaped by its own history, culture and national character. The difference between the three of them lies in their economic history.
When Finland declared its independence from Russia in 1917, it was a poor, agrarian country with a GDP barely grazing the global average. Life expectancy was low and child mortality high. Yet, in 100 years, Finland has become a post-industrial information society and the third most prosperous country in the world. It also achieved the highest total score in the UN's 2018 World Happiness Report, ranked the most stable, the safest and best governed country in the world. It is also among the least corrupt and the most socially progressive. Its police are the world's most trusted and its banks the soundest. Free healthcare and university education also helps when it comes to happiness.
Arguably, pantsdrunk is one more way to celebrate the importance of relaxation. Humorous as its approach may be, it is very much part of a serious commitment to self-care – even if it's frivolous, we take it seriously. It's also an attitude and philosophy that starts from inner peace. You don't even have to drink alcohol to achieve it – it's about taking time out, indulging in a little of what you enjoy and being authentic. Ultimately, the Finnish approach is closer to mindfulness than it is to the Nordic notions of hygge and lagom. A real pantsdrunk pro knows how to be his or her laid-back self, regardless of the circumstances – no styled Scandi interior required. Follow this philosophy and you are immersing yourself in true Finnish culture.
To order a copy of Pantsdrunk: The Finnish Art of Drinking at Home. Alone. In Your Underwear by Miska Rantanen, (Square Peg, £9.99) for £8.59, go to guardianbookshop.com
How to relax like a true Finn
Have the right materials in stock – your favourite craft beer, crisps, hummus, cheeses and biscuits are all key weapons in the pantsdrunk arsenal.
Find your most comfortable underwear – the really holey ones where you've forgotten their original colour. Perhaps invest in some wool socks, too. Pantsdrunk is not about getting wasted. Make sure you only drink according to your needs and abilities.
Pantsdrunk does not require expensive furniture and artisanal hot chocolate in the house – just your drink of choice, a comfy sofa and a TV show you're happy to binge watch.
It isn't puritanical. Want to eat two whole sharing bags of crisps? Fine, go for it.
Lots of lifestyle trends tell you to switch off your phones and get outside. Wouldn't you rather be inside with a glass of wine, working your way through a series of cat videos?
Published by "The Guardian"
Interview with a Russian lady in Finland
Finland-China International Contemporary Ink Art Exhibition

redpajama_set_name: RedPajamaCommonCrawl


text:
What is a strong life force?
Life force or lifeforce may refer to: Vitality, ability to live or exist. Vitalism, the belief in the existence of vital energy. Energy (esotericism), a concept in spirituality and alternative medicine. Prana, the Sanskrit word for "life force" or "vital principle"
< What is vital force in naturopathy?
What is Naturology? >
What are the principles of naturopathy?
6 PRINCIPLES OF NATUROPATHY YOU SHOULD KNOW ABOUT
Do no harm. This sentence suggests that naturopathic doctors select treatments that are gentle and non-invasive.
The healing power of nature.
Identify and treat the cause.
Doctor as Teacher.
Treat the whole person.
Disease prevention.
What is Naturology?
Naturopathic medicine is a system that uses natural remedies to help the body heal itself. It embraces many therapies, including herbs, massage, acupuncture, exercise, and nutritional counseling.Feb 21, 2021
What is vital force examples?
Examples of digestion and breathing are used to demonstrate the presence, the capabilities, and the functioning of the Vital Force. These examples demonstrate the Vital Force's place in the hierarchy of influences that determine both our health and our life experience.
What gives life force?
The definition of life force is a concept of spiritualism, the energy and source of all life. An impulse or influence that gives something life or vitality.
Life force or lifeforce may refer to: Vitality, ability to live or exist. Vitalism, the belief in the existence of vital energy. Energy (esotericism), a concept in spirituality and alternative medicine. Prana, the Sanskrit word for "life force" or "vital principle"
How do you gain chi energy?
Below, you'll find some of the most common methods:
Get enough sleep. Being tired is a hallmark sign of a qi deficiency.
Work on your breathing. One way to improve a qi deficiency is through purposeful breathing.
Try tai chi or qi gong.
Give acupuncture a go.
Balance your diet.
Take care of your mental health.
Which element forms the vital force in human body in Ayurveda?
When the five eternal substances – space, air, fire, water and earth combine to form the human body, they do so by creating three vital energies, or doshas. These are the forces that govern all psycho-physiological functions in the body and mind respectively.
How do I restore my life force?
A vital way to take in pranic energy is through the foods we eat. Food can heal, and correcting your diet can begin the framework for your healing from addiction. Our life force is replenished by the food we eat, the water we drink & the air we breathe.
What is vital force in naturopathy?
Vitalism is a central tenet in the philosophy of naturopathic medicine. Vitalism, or Vital Force describes the intelligence that animates each and every person and it refers to forces beyond the physical self that govern life, health and healing.
What is vital force in Ayurveda?
Vital force is the healing power or energy that exists within us all. It is called by the name Chi by Chinese and Prana by Indian Ayurveda. The vital force fuels the mind, body, emotions and mind.


While the Sony line of smartphones might not be the most popular out there these days, there's a core following of users that choose an Xperia Z - or now an Xperia X - device, and for good reason. With quality displays, excellent cameras and great battery life, Sony have one of the better all-round experiences available on Android, even if they don't sell quite as well as the likes of Samsung and co. One of the features that helped make battery life on the Xperia devices so good is the STAMINA mode, which helps to achieve their acclaimed two-day long battery life. When Marshmallow hit devices however, it appeared as though the feature had been removed, with the promise of it returning at a later date. Now, it's returning to the Xperia Z5 line of devices.
A new software update, with the version 32.2.A.0.224, is rolling out to devices right now and brings with it the return of the STAMINA mode. This also includes Ultra STAMINA mode as well as the usual array of bug fixes and tweaks. It appears as though the update has yet to roll out to the Xperia Z5 Premium, but it's likely this will arrive to users shortly. A new feature that has come along for the ride in this update is the ability to open the camera by double-pressing the power button, something that Galaxy S7 users will no doubt be familiar with. On top of all of this, Sony have included the April Security Updates from Google, which does put them a good month behind already, but it's better than no security updates at all.
The STAMINA mode has been a cornerstone of the Xperia Z, and now the Xperia X, line for some time and it's nice to see it making a return in the Marshmallow-based software releases. Exactly why the feature went away in the first place is still a bit of a mystery, but it's clear that Sony wanted to work on it further to make sure that it did what was promise on Android 6.0 Marshmallow. Hopefully, users won't have to go through the same sort of thing when the Android N updates start to hit Sony devices some time next year.


Dubai is a great place to live; it is located on the Eastern coast of the Arabian Peninsula, in the south west corner of the Arabian Gulf. Dubai is well known for its warm hospitality and rich cultural heritage, and the Emirati people are welcoming and generous in their approach to visitors.
Some 800 members of the Bani Yas tribe, led by the Maktoum Family, settled at the mouth of the creek in 1833. The creek was a natural harbour and Dubai soon became a centre for the fishing, pearling and sea trade.
By the turn of the 20th century Dubai was a successful port. The souk (Arabic for market) on the Deira side of the creek was the largest on the coast with 350 shops and a steady throng of visitors and businessmen.
development in Dubai. A new port and terminal building were built at Dubai International Airport. A runway extension that could accommodate any type of aircraft was implemented. The largest man-made harbour in the world was constructed at Jebel Ali, and a free zone was created around the port.
Dubai is now a city that boasts unmatchable hotels, remarkable architecture and world-class entertainment and sporting events. The Dubai Desert Classic is a major stop on the Professional Golf Association tour. The Dubai Open, an ATP tennis tournament, and the Dubai World Cup, the world's richest horse race, draw thousand visitors every year.
The Dubai economy enjoys a competitive combination of cost, market and environmental advantages that create an ideal and attractive investment climate for local and expatriate businesses alike.
The Dubai is both a dynamic international business centre and a laid-back tourist escape; a city where the sophistication of the 21st century walks hand in hand with the simplicity of a bygone era.
These contrasts give Dubai its unique flavour and personality; a cosmopolitan society with an international lifestyle, yet with a culture deeply rooted in the Islamic traditions of Arabia.


text:
Q: Dart list get the longest string I want to get first longest string ? How can i do this ?
List<String> list = ['hi', 'hello', 'frozen', 'big mistake', 'cool daddy'];

A: this is the shortest solution, which will return the longest string:
list.reduce((a, b) {
   return a.length > b.length ? a : b;
})

another alternative is:
list.sort((a, b) {
   return b.length - a.length;
});
print(list[0]);

A: Check the below function i have done in my project to get the longest string.
long_string(arr) {
        var longest = arr[0];
        for (var i = 1; i < arr.length; i++) {
            if (arr[i].length > longest.length) {
                longest = arr[i];
            }
        }
        return longest;
    }

And you can call the function like below to get the longest string
var arr = ["Orebro", "Sundsvall", "Hudriksvall", "Goteborgsdsdsds"];
  print(long_string(arr));

A: The solution posted by Sparko Sol could also be used in an extension on List<String> to make it easier to reuse this method anywhere in the codebase. Such an extension could look something like
extension Longest on List<String> {
  /// Returns the longest element in a [List<String>]
  String longest() {
    return reduce((a, b) {
      return a.length > b.length ? a : b;
    });
  }
}

Then, to use this extension, you could simply write something like
String longestString = list.longest();

A: final longestString = list.fold<String>('',
  (previousValue, element) =>
    element.length > previousValue.length ? element : previousValue)

redpajama_set_name: RedPajamaStackExchange


#TotalCoLearner Week 14: I finished the class! Whoo-hoo!
So, this morning I finished up the final assignments to complete my class this semester as a student. A lot of the students will be doing the same this weekend; the class is set up so that if you have more or less kept up with the assignments, you can finish at the end of Week 14 and have a true Dead Week next week (last day of classes is December 7; finals start on December 10). I am sooooooo happy with this experiment, and the main thing I have learned is that I should have been doing this all along!
#TotalCoLearner: Week 9. Spreadsheet Power!
My Classwork. This pie chart was a cool way to see that the classwork divided almost exactly in half between the core activities of reading and storytelling (story posts and also the semester project) and then all the other ancillary activities (interacting with other students, skills development, reflection).
The class is designed so that it would be more like two-thirds reading and storytelling and one-third other activities, but I actually did less reading this semester. That was my choice, and the class is set up that way so that the design accommodates student choice (more/less reading, more/less writing, more/less interaction, etc.; there is LOTS of choice). For next semester, when I take the India class, I will be doing a lot more reading; one of my goals in that class is to re-read and revise the public domain epics I created as textbooks for that class, so that will be a steady amount of reading every week all semester.
My Blog Posts. Finally, this chart shows my blog posts. This is the most dramatic way to see the shift in the kinds of work I was doing as the semester progressed; by the end of the semester, I was focusing almost entirely on my project, and there were fewer and fewer blog posts. Overall, I had 84 blog posts though; you can see them all at my blog.
Like I said in that final blog post for the semester, this drop-off in blog posts is not a failure. It's actually a sign of success; this is how the class is supposed to work. The semester gets more and more hectic, but by front-loading at the start of the semester when both time and energy are abundant, that makes it possible to taper off as the semester comes to an end.
The Linguistics Club at my school shared a hilarious cartoon that illustrates the end-of-semester taper. My blog was not looking quite as sad as this horse at the end of the semester, ha ha, but you get the idea. I'm just glad I don't have finals ahead. Instead, I am just counting down the days to winter break... which starts on Friday at noon for me.


Head of Iran's Customs Administration says despite the cruel sanctions imposed by the US, the Islamic Republic's oil and non-oil exports have reached $70 billion.
Mahdi Mirashrafi says the figure stood at $10 billion during the war imposed on Iran in the 1980s, and the seven-fold increase comes despite the all-out pressure on Tehran during the past decades.
During the first 11 months of the current Iranian year, the Islamic Republic exported $40 billion worth of products to China, which is the country's top trade partner with $8.3 billion worth of imports.
He added that the country's second-largest trade partner is Iraq with $8.2 billion.
The exports come as the United States in November imposed the "toughest" sanctions ever against Iran in an attempt to curtail the Islamic Republic's oil exports and put extra pressure on the country's economy.
The US thought the sanctions would force Iran to abandon its nuclear and ballistic missile programs while rolling back Tehran's influence in the Middle East region.
However, Washington later admitted that it had failed to get the main buyers of Iranian oil to tag along and had to grant temporary waivers to China, India, South Korea, Turkey, Italy, Greece, Japan and Taiwan.


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A Mendocino Country Superior Court judge has overruled the jury verdict in the case of two former State Farm agents vs. State Farm Mutual Automobile Insurance Company (IJ West, Sept. 2, 2002).
Richard Pyorre and John Wier, of Fort Bragg and Crescent City, Calif., respectively, were awarded a combined total of approximately $6.5 million for emotional distress damages and loss of commissions resulting from a lawsuit filed by State Farm, accusing the two agents of allegedly disclosing trade secrets from the company.
Pyorre and Wier filed a counter-suit claiming wrongfully termination and interference with their ability to provide insurance to their clients under different carriers.
The jury ruled in favor of defendants Pyorre and Wier, finding them not guilty of disclosing trade secrets, and State Farm guilty of interference with the agents' contracts with Mercury Insurance.
However, on Jan. 17, Judge Richard Henderson overturned the jury's ruling and ordered a new trial, reasoning, among other things, that the jury did not understand the terminology being used throughout the trial.
According to court documents, "In retrospect, the jurors may have been confused by the verdict question of trade secret ownership when the agency agreements clearly stated that trade secret information was the property of State Farm. It is also possible that some jurors were confused or, perhaps, improperly influenced by the substantial amount of testimony that was presented on the reasons and motives for the agency terminations before the court itself determined that the terminations were proper.
Insurance Journal will continue to bring you the latest updates as they develop.


text:
Q: How to block a URL to load and then present a HTML? I want to intercept some user requests, cancel it and then present a hand made HTML.
First I tried to call window.stop() in the beginning of content.js, but after checking the Network tab of the Developer Tool I noticed that some elements are still being requested (although not loaded, it seems).
Then I tried to add a chrome.webRequest.onBeforeRequest listener inside background.js. So inside the callback I set my hand made HTML (document.getElementsByTagName("html")[0].innerHTML = myHtml) and in the end I canceled the original request (return {cancel: true}), but, although the original request is being canceled, my HTML doesn't appear.


text:
Home More Blog An interview with Emily Howard
An interview with Emily Howard
Written by Lydia Heald
Ahead of the world premiere of her new work Antisphere, we caught up with composer, professor and LSO Panufnik Scheme alumna Emily Howard to talk about her writing, influences, and being a composer in the 21st century.
What's a typical day in the life of Emily Howard, composer?
I usually start work very early, mainly because I find that the best ideas come in the morning. I have to feed the cat, after that I'm allowed some coffee and then I read something to stimulate my brain. It could be mathematics, philosophy, poetry, anything. And then I start writing. Often in the afternoon I do something else – I might read, go for a walk or go the gym. When I'm in composing mode I'm quite rooted to my desk, so it's nice to get away from that. There's a hill just outside that has a really fantastic view across the Peak District. Often in the evening I'll go out there.
Then one day you hear you have been commissioned by the Barbican to write for Sir Simon Rattle and the LSO. How did that feel?
It was an amazing email to receive, 'Would I like to write a piece for the LSO conducted by Sir Simon Rattle?' It was one of those wonderful moments when you jump around the room and say, 'yes, I really would like to do that!'. It's just over ten years since my experience on the LSO Panufnik Composers Scheme. I've had time to mature and to have written so much music. Now to go back – it's an opportunity to return but to have grown, and I'm really looking forward to hearing the new piece.
How do you start writing a new piece?
At the start of a piece I have a huge moment of brainstorming. I collect ideas (there are usually too many) and at some point I find I need to just decide on a few ideas to use. That's when the hard work begins. Often I will then set up a strict framework based on algorithmic processes for working with these musical ideas until there comes a point when I then work much more freely. There are usually a couple of moments where somehow it crystallises in my head, and in those moments I need to be completely focused. There are also always moments where you feel slightly doubtful, but you just have to learn that that is part of the process. In fact, it wouldn't be right if you never worried about it.
'I always feel that a piece is made from all of the things you've thought about before, a collision of all the ideas in your head and more.'
Where do you find inspiration when you are composing?
I love writing music that's influenced particularly by maths and science, but also other things: poetry, experience of life. I've read a lot. I used to play chess a lot. I love nature – my cat is an inspiration. She's called Ada after Ada Lovelace and she's been known to walk along my piano keys. I managed to capture it on video once and thought I might use the tune at some point. If you're working on something important, she usually sits on it.
When I'm composing, all of these experiences can combine in the piece. It makes this kind of tangle in my brain, and it's about putting that in some way onto a page for others to hear. It means that sometimes I might look back and think that a musical idea did come from a mathematical concept, but it combined with an idea that I had from a poetic source or an image. I always feel that a piece is made from all of the things you've ever thought about before, a collision of all the ideas in your head and more.
You've mentioned maths and science, what is your background there?
I was fascinated by science and mathematics from an early age. I did A levels – sciences primarily – and I was encouraged to study science at University. I did that and loved mathematics and computer science, but I also missed having lots of time for music.
After I graduated I went back home to the North-West of England. I began teaching – mathematics, science, teaching strings and choirs – and dedicating serious amounts of time to composing. A year or so later I went to the Royal Northern College of Music to study composition at masters level, and after that I was at the University of Manchester to study for a PhD in composition; it was at this time I also participated in the LSO Panufnik scheme. During my PhD, one of the things I really wanted to do was put ideas from the mathematics and computer science that I'd learned as an undergraduate into my music. Over time I've become better at taking ideas and translating them into music.
What do you think is the role of a composer in the 21st century?
I think it's different for different people. Some people comment on society in a very extrovert way and some people are much more subtle with what they're doing. I think your role is to say something about what's happening around you, but it's up to the artist how visible that is. Personally, I think that everything goes. With my music currently, most often I'm overtly responding to artificial intelligence and algorithms, mathematical shapes and structures.
'I think it can be helpful not to define yourself musically. Perhaps this could make it easier to reach different audiences? … I would love it if everyone had access to all music.'
And is it true what we read, that classical music is becoming less popular?
It's difficult for me to say whether classical music is becoming less popular as a whole. When I'm not sitting at my desk I'm often based at the Royal Northern College of Music where I'm lucky enough to work with many young, up-and-coming composers. Contemporary music is thriving there alongside all types of music including popular music and traditional classical music. It's a very healthy place to be. People can mix and you get all types of different influences. I love the classical music of the past and I really do hope that we try to find new ways to reach other audiences with classical music, as well as with all kinds of contemporary music. I would love it if everyone had access to all music.
I also think I wouldn't define myself as a classical composer; I would call myself a contemporary composer. I think it can be helpful not to define yourself musically. Perhaps this could make it easier to reach different audiences?
Can you tell us about your new piece Antisphere?
It's the third in a triptych of pieces influenced by mathmatical shapes and geometries alongside a piece called sphere and another called Torus. The idea for Antisphere came when speaking with my colleague, mathematician Marcus du Sautoy. We were discussing Torus and the positive curvature of the sphere and he said, 'have you thought about the opposite of that?'.
So what actually is an antisphere?
Difficult to say! Think of a sphere which is everywhere positively curved. Then try to imagine a shape that is the complete opposite of this – everywhere negatively curved.
What can we expect to hear in this piece?
I like to use extreme moments of very, very loud or very, very quiet. I think the LSO are so fantastic at making these changes. When I knew I was writing for them I thought, 'I'm going to make these shapes in the music that go from one extreme to the other'. My music is very strongly influenced by shapes; how each moment relates to another is of great importance in the work. I've been interested in negative curvature and how it can translate into music. So you might hear lots of nearly familiar musical objects, but they might feel slightly shrunken in ways. It's almost like you are hearing them from a different dimension. That's what I'm after.
But I think it's important not to tell the audience how to listen to a piece of music. Everyone has had their own experience in life and their own experience of music. When a new piece is put out there, each person will have a different experience of the piece. I've had moments where performers and audience members have said things to me about my piece and they're things that I hadn't thought about myself. That is a very exciting experience, to put something out there and have people react in different ways.
Emily Howard's Antisphere received its world premiere on Saturday 14 September 2020, opening the LSO's 2019/20 season alongside Colin Matthews' Violin Concerto and Walton's Symphony No 1.
The LSO's autumn 2021 season: a retrospective
LSO Live: an evolving partnership with Marquee TV
The Barbican at 40
Tales From the Podium with Nathalie Stutzmann
Tangram's Lunar New Year Premieres: Sticky Rice, Beijing Duck, and a Musical Party
Rachmaninoff & Friends: Introducing Our New Chamber Series
Inspired to Break the Rules
Happy retirement Dominic Morgan!
An interview with Roman Simovic, LSO Leader and soloist
Welcome to our new Principal Trumpet: James Fountain
Artist Interviews Panufnik Composers Scheme fabio luisi stories, Piano Concerto No 2 Edouard Lalo
Eight things you didn't know about Rachmaninoff's Piano Concerto No 2
Happy 40th birthday Star Wars!
Lung: Inspirations and Programme Note
Welcome to our new Principal Trumpet, David Elton
5 Things You Didn't Know About John Wilson


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Home Sport The Al-Wahda Sports Festival – One of Canada's largest Muslim sports festivals!
The Al-Wahda Sports Festival – One of Canada's largest Muslim sports festivals!
By Khairoon Abbas
knadmin
Unity. Fun. Competitive. These are just some of the words that many people use to describe the Al-Wahda Sports Festival. Hundreds of Muslims will gather in Toronto, Canada, from June 28 to July 1, 2019, to participate in the 4th Al-Wahda Sports Festival and Carnival. With more than 12 kinds of sports for men and women to choose from, including fun sports activities for children and seniors, and a fun-filled carnival for the whole community, there is something for everyone to enjoy!
"Sports has the tremendous power of bringing people together and this is the main goal of the Al-Wahda Sports Festival," said Shafiq Ebrahim, Festival Chair. "When we created and named this festival Al-Wahda, more than six years ago, our goal was to foster unity, celebration and bring the community together through sports and activities for the whole family to enjoy," he added. In essence, it's an opportunity to compete in good sportsmanship and celebrate with fellow Muslim brother and sisters from different parts of Toronto, North America and the world.
The Festival is organized by the Islamic Shia Ithna-Asheri Jamaat (ISIJ) of Toronto, North America's largest Jamaat, and it is held every two years. About 30 volunteers work tirelessly months in advance to organize this Festival behind the scenes and make sure it is executed as seamless and efficient as possible.
This year's festival weekend will be packed with competitive sports activities, including:
For women: Badminton, Ball Hockey, Carrom, Scrabble, Soccer, Tennis and Volleyball
For men: Badminton, Ball Hockey, Basketball, Carrom, Cricket, Tennis, Table Tennis, Scrabble, Soccer,
Softball, Squash and Volleyball
"For the first time ever, we are thrilled to introduce a new children's program so the youngest members of our community can join the fun through," said Sakina Rashid, Sports Director. The program is for children aged two to six and enables children to make new friends through fun, interactive and engaging physical games and sports, added Rashid.
In addition to sports, players and community members can enjoy carnival-themed games, food vendors, a ladies' bazaar and much more.
Muslims can participate in the Al-Wahda Sports Festival by:
Taking part in one or more of the 12 sports where you can register as a team, player or a free agent. (Link this to registration page)
Supporting the Festival through sponsorship opportunities (Silver and standalone packages are still available). (Link these to sponsorship page)
Taking part in the carnival and connecting with the community.
Did you know the Festival conveniently falls on the Canada Day long weekend, Canada's national day? It is, in fact, one of the best times to visit Canada! The Festival will conclude with a captivating closing ceremony and a memorable Canada Day celebration with fireworks right at the Jaffari Community Centre.
"We welcome community members from around the world and look forward to seeing you all in a few months," concluded Ebrahim.
Check out the Al-Wahda Sports Festival website alwahdafestival.com for more information, including sponsorship opportunities and registration. The registration deadline is May 15.
Follow the Festival on social media for more frequent updates @alwahdafestival on Facebook, Twitter and Instagram!
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"We LOVE this festival" … "We've had an amazing time!" … "Just brilliant!" That was the verdict of the 950 participants, families and friends who...
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text:
namespace WindyCityUniversity.Migrations
{
    using System.CodeDom.Compiler;
    using System.Data.Entity.Migrations;
    using System.Data.Entity.Migrations.Infrastructure;
    using System.Resources;

    [GeneratedCode("EntityFramework.Migrations", "6.1.0-30225")]
    public sealed partial class EnrollementIdExposed : IMigrationMetadata
    {
        private readonly ResourceManager Resources = new ResourceManager(typeof(EnrollementIdExposed));

        string IMigrationMetadata.Id
        {
            get { return "201407230318095_EnrollementIdExposed"; }
        }

        string IMigrationMetadata.Source
        {
            get { return null; }
        }

        string IMigrationMetadata.Target
        {
            get { return Resources.GetString("Target"); }
        }
    }
}

redpajama_set_name: RedPajamaGithub


The United Nations is making plans to help Bangladesh relocate thousands of Rohingya refugees to a remote island off its coast, documents seen by Reuters show.
Dhaka says transporting refugees to Bhashan Char – a Bay of Bengal island hours by boat from the mainland – will ease chronic overcrowding in its camps at Cox's Bazar, which are home to more than 1 million Rohingya, members of a Muslim minority who have fled neighbouring Myanmar.
The document, labelled as a "Concept of Operations" and dated March 12, outlines how the organization and its partners "may facilitate the identification, staging, forward movement, reception, and sustainment of refugees" on Bhashan Char, estimating an initial appeal for donor funding of between $8.6 and $19 million.
"The viability of safely relocating people to Bhashan Char needs to be thoroughly assessed and WFP is investigating the potential operational needs, financial costs, and challenges in several areas that we traditionally support in emergencies: food security, emergency telecommunications and logistics," she said.
Dhaka is struggling to cope with the influx and wants to start relocating thousands of refugees to the island, which it says has been secured with flood defence embankments and cyclone shelters.
Liberation War Affairs Minister AKM Mozammel Haque, who is also the chairman of Cabinet Committee on Law and Order, told Reuters in an interview the government planned to start moving refugees next month.
The Refugee Relief and Repatriation Commissioner, Mohammad Abul Kalam told Reuters preparations were "still going on" and the site was not ready.
Bhashan Char, a flat and featureless island that emerged from the sea 20 years ago, has never been inhabited.
In Cox's Bazar, local officials are compiling lists of the first refugees to be moved, District Commissioner Mohammad Kamal Hossain told Reuters.


It's easy to see where Apple is going with the Mac and it's even more apparent with OS X Yosemite and El Capitan. More and more apps are cloud-connected these days, and the apps automatically save everything all the time, as you work. Make a change to a document, and it's updated and saved accordingly. That works great for Pages, Numbers, and Keynote, but what about other Mac apps which don't have an auto-save built in?
Enter ForeverSave, and idea which should have been universal on the Mac years ago, an idea which is growing in usage, but needs a solution for those many Mac apps which don't have an auto-save built in.
Wait. What? Isn't auto-save built-in to the last few versions of OS X. Yes. But not all Mac apps use auto-save, so there's still a chance your could lose some data without knowing it. Worse, OS X doesn't let you dig into different versions of a file that's been saved multiple times (to be fair, that's probably designed that way to help save disk space).
What ForeverSave does is what the app's name implies. It saves everything. Whatever file you're working on is saved. Plus, you get controls over the number of versions of a file to be saved, the interval (time period) between backups, and options to keep only a maximum number of files, and erase those after being saved a certain number of days, weeks, months. On a per-app basis.
Backups of however many versions of a file don't mean much if they're not easy to restore (a problem with Time Machine). ForeverSave lists each application on your Mac in a sidebar and with a click you can see all the versions of all documents saved. Quick Look is built-in, too, so a touch of the Mac's spacebar on the keyboard brings it to the front of the screen.
Couldn't you just wait until OS X's auto-save feature works on every Mac app? It might be a long wait. Even Microsoft Office and Adobe Creative Suite don't use Apple's built-in auto-save.
What's not to like about an app that auto saves everything all the time? Nothing. If it auto saved everything all the time. Sometimes there's a gap between ForeverSave updates and new Mac OS X versions where it doesn't work. An app this critical needs to work all the time. All. The. Time. And on every Mac app. Your mileage may vary, of course. Mine did. But it's still an idea whose time has come.
In some respects ForeverSave is better than OS X's built-in Auto-save. What Auto-save does not save can be saved, at least in most cases and in my tests, with ForeverSave. Also, ForeverSave has an option that works much like Time Machine and saves every version of a file or document into separate files. If there's a problem with the latest version, there are backups. That's a big plus, especially with Mac users in an organization which can tolerate data loss.
But back to my earlier criticism about backing up files All. The. Time. ForeverSave, like OS X's Auto-save, does not. It does more than Auto-save, yes, but there are some apps where it does not work, so I recommend that you try the try-before-you-buy option first.
How Much Of The Tech Industry Does Apple Control?


Michael A. Haddle, an at-will employee for Healthmaster, Inc., filed suit in federal court alleging his employer, along with 2 previous Healthmaster, Inc. officers, Jeanette Garrison and Dennis Kelly, conspired to have him fired in retaliation for obeying a federal grand jury subpoena and later testifying in a criminal trial against Healthmaster, Inc. for Medicare fraud. Haddle claimed his employers' acts had had "injured [him] in his person or property" in violation of federal law, specifically the Civil Rights Act of 1871. The District Court, relying on precedent, dismissed the suit for failure to state a claim. The precedent the court cited held that an at-will employee discharged pursuant to a conspiracy proscribed by the Act has suffered no actual injury because he has no constitutionally protected interest in continued employment. The Court of Appeals affirmed.
May at-will employees sue their employers over firings allegedly carried out to retaliate for testimony against their employers?
We're not talking about deprivation of constitutionally protected property.
If... if, for example, at-will employment was not considered or any interference with at-will employment was not considered to be a tort at the time this provision was adopted, why... why would I believe that the Congress which enacted this would want that rather minor injury to be sucked into the provision because some future states give causes of action for interference with at-will employment?
You have to distinguish between constitutionally protected rights, the privileges and immunities of citizenship, which are different than property which is simply protected by procedural due process.
--Well, Your Honor, I have two answers to that.
And the... the Court's rulings are uniform, that to define property for procedural due process purposes, you look outside the Constitution to such places as State law.
First of all, the most direct answer would be that when Congress legislates in this broad manner and says, injured in his person or property, I believe Congress expects and it necessarily follows that this Court and the lower courts, the courts below, are going to develop a law to interpret these broad terms, and that law is going to change over time, just as in the antitrust laws which is the closest analogy in terms of the actual words used where there's a reference to injured in business or property.
This Court is then faced with the... and the lower courts are faced with the necessity of developing the law as cases appear before it, and that's a necessary concomitant of a common law system.
This Court has never held at-will employment to be property in that context.
But I'd also like to say more specifically I understand the... the... Justice Scalia, what you said about it matters to you all, but not to us, but I do want not to lose sight of the fact that there is no evidence at all that this injury was not compensable at common law at the time or that it would not be compensable under the State law of the State of Georgia to somebody.
Now, I'd like to reserve any further time I have, Mr. Chief Justice, if there are no further questions.
--Mr. Bradley, I think we are less concerned... or at least I am.
Mr. Roberts, we'll hear from you.
I'm... I'm not sure we have before us the question of what property means.
I think what we have before us more precisely is what the phrase injury to person or property means, and... and what other... what other statutes use precisely that phrase and have been interpreted in a way favorable to you?
Petitioner was injured in his person or property because he lost wages when he was fired pursuant to a conspiracy prohibited by section 1985.
I mean, property in isolation is something different, but somehow the phrase injury to person or property means all sorts of injury, whatever injury, whether it's, you know... that's the argument made by the petitioner here, and I... and I think there's something to it.
Do you have other statutes that use precisely that phrase, injury to person or property?
Well, should we look to State law to determine whether there's injury to person or property?
There are not many statutes that use that precise phrase, injury to person or property.
Before you do that, could you just clarify the answer to my... to what I had asked?


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Publisher's Note: Simple Beginnings
Todd Matherne,
Last month I attended a presentation by the Federal Reserve Bank and United Way about Investing in America's Workforce and the ALICE population — an acronym for Asset Limited Income Constrained Employed — and you can visit this site for more details about ALICE unitedwayalice.org/home.
What I want to write about is something panelist Stephen Toups of Turner Industries mentioned during this presentation. He talked about jobs and the struggle with finding employees who will show up for work consistently and drug-free. But there was one line he used that hit home for me. He said, "Someone who comes to work for us can go from entry-level hole watcher to sustainably employed and move out of this ALICE category."
As I sat and listened, I reflected on my career. In 1986 I had that job — hole watcher. My father was a plant guy —someone who earned a living and raised his family at one of the many industrial plants along the river — and in 1986 he was able to get me an entry-level position with a subcontractor doing turn-around work. So, for three weeks during Christmas break in college, I watched a hole.
That job did so much for me in those three weeks. The appreciation I had for my father and the career path that job moved me toward meant even more to me than the good pay it gave a college student during Christmas.
Thank you Dad. Love you.
Todd Matherne
Week in Review, Jan. 17: Edwards Inaugurated, LSU Wins, Port Sets Record
Victory for LSU!


Yan's client work focuses on retained management or consultancy roles in traditional estate and country house management. His clients are trusts, private individuals, families and charities, amongst others. Other areas of expertise include shoot management, rural valuations, maintenance and refurbishment of historic buildings.
Yan started at Fisher Hoggarth over 20 years ago, three days after leaving college. After ten years in North Gloucestershire, the office expanded and relocated to Worcester, where after another decade it relocated to an office twice the size very nearby. His local knowledge with national contacts gives experience and added value to his many clients. Having obtained a degree then a Masters at the Royal Agricultural College, Yan qualified as a land agent in 1998.
He now lives in Worcestershire with a farmer's daughter and has four children who keep him busy in leisure time. He has been Chairman of the Worcestershire CLA Committee and local school governor. Other interests include old buildings (SPAB member) and running a Scottish Reeling Ball in Cheltenham for charity.
Improving clients' rural assets and seeing the office grow and prosper.
I am not a brand person.
Being at home with the family.


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Company Voluntary Arrangement
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Property Receivership
Receivership during the COVID-19 era: Why proactivity must define the "new normal"…
Home/Insights/Receivership during the COVID-19 era: Why proactivity must define the "new normal"…
Daniel Richardson, Property Receiver and Insolvency Practitioner, CG&Co
IT might keep getting delayed, but it's going to arrive at some point…
And when the stay on possession and enforcement proceedings is finally lifted, the courts will be hit hardest.
Late last week – just 48 hours before the stay was due to be lifted on August 23 – the government announced its intention to extend this date for the second time.
We're now working to a September 20 deadline, although the government hasn't ruled out further extensions if public health advice dictates this.
Put simply, the massive scale of the court logjam is going to manifest itself at some point – and the scale of this should not be underestimated.
Earlier this month, the extent of the problem became even clearer when statistics published by the Ministry of Justice covering April to June showed that, compared with the same quarter last year, mortgage possession claims, orders and warrants fell by 97%, 96% and almost 100% respectively.
What's more, no repossessions by county court bailiffs were recorded.
So what do lenders need to do at this point in time?
I've never been more convinced that a highly proactive approach must lie at the heart of all undertakings.
Put simply, we all have too much to lose by not taking the swiftest recourse whenever default cases arise.
It's worth stating at this point that any lender authorised or regulated by the Financial Conduct Authority (FCA) needs to follow the FCA's guidance and avoid either commencing or continuing possession proceedings until October 31.
Bar for future extensions to the stay, those lenders who aren't regulated by the FCA will – at least from the Court's perspective – be able to resume stayed possession proceedings after September 20 via a "reactivation notice".
Significantly, they have to demonstrate as part of this notice that they're in possession of any relevant information about a borrower's circumstances.
This includes information about the effect of the pandemic on the borrower, which will enable the court to be fully informed when reaching a decision.
This requirement lasts until March 28, 2021.
Since the lockdown commenced, CG&CO has been ensuring that recoveries are consistently as far advanced as possible, despite the fact that it's been impossible to arrange face-to-face meetings due to COVID-19 restrictions.
We've accomplished this by entering into discussions with borrowers at the earliest opportunity via telephone, email or conference calls.
Consequently, we're already in full possession of details surrounding the effect of the pandemic on borrowers for existing matters.
To conclude, we're determined to ensure that the lenders we work for recoup their loans as quickly as possible.
As the new normal evolves and greater certainty returns, lenders must consistently adopt the most proactive approach possible to Receivership.
And it's equally imperative that you're supported by the most proactive team of Property Receivers.
admin2021-01-20T15:53:25+00:00August 27, 2020|
Receivership during the COVID-19 era: Proactivity is now even more essential
Receivership during the COVID-19 era: Why September 2021 could prove pivotal for lenders
Receivership during the COVID-19 era: What lenders must bear in mind
Receivership during the COVID-19 era: Prepare now for the 'new normal'
Receivership during the COVID-19 era: What lies ahead for enforcement?
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