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UK company “seriously considering” GPS tracking devices in school uniforms

Saturday, August 25, 2007

The leading supplier of school uniforms in the United Kingdom, Lancashire-based manufacturer Trutex, has announced it is “seriously considering” including GPS tracking devices in future ranges of its uniform products after conducting an online survey of both parents and children.

“As a direct result of the survey, we are now seriously considering incorporating a [tracking] device into future ranges” said Trutex marketing director Clare Rix.

The survey questioned 809 parents and 444 children aged nine to 16. It showed that 44% of parents were worried about the safety of pre-teen children, and 59% wanted tracking devices installed in school apparel. 39% of children aged nine to 12 were prepared to wear clothing with tracking devices in them, while teenagers were notably less enthusiastic and more wary of what Trutex has admitted they see as a “big brother” concept.

However, Trutex has claimed the tracking devices would bring about worthwhile benefits, including being a valuable resource for parents who wanted to keep a close eye on where their children were at all times.

“As well as being a safety net for parents, there could be real benefits for schools who could keep a closer track on the whereabouts of their pupils, potentially reducing truancy levels” says Rix.

Each year, Trutex supplies 1 million blouses, 1.1 million shirts, 250,000 pairs of trousers, 20,000 blazers, 60,000 skirts and 110,000 pieces of knitwear to the UK.

It is not the first company to manufacture school uniforms with a central focus on child safety; last week Essex firm BladeRunner revealed it was selling stab-proof school blazers to parents concerned about violence against their children. The blazers were outfitted with Kevlar, a synthetic fibre used in body armour. It has already received orders internationally, including Australia.

If the Trutex tracking devices go ahead, it is unclear where in the uniform they will be located.

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The Quandary Of Eating With A Big Fat Ass

By Laura Banks And Janette Barber

In our new book, Embracing Your Big Fat Ass (Atria), we say what everybody knows by now: Diets dont work. Ouch, in fact they hurt. They cause you to end up losing lean muscle mass and increasing fat in the muscle/fat ratio thing that causes you to burn fewer and few calories because muscle burns more calories than fat you can eat more. So if we have more fat then we burn fewer calories doing exactly the same thing as the annoying thin people. Hrmph.

While we do think restrictive diets dont work, we do think that everybody even the skinniest of Minnies have to try to eat in a healthier way. Fruit and vegetables have been proven in all kinds of studies to make a significant impact on diseases like cancer and Alzheimers. Soyeah. We dont believe in going on all the tormentuous, restrictive, often expensive diets out there; we do believe in making a daily effort to live healthier lives regardless of the size, shape or rubbery-ness of our hind quarters.

Were saying: Live life. Love yourself. And do the darn best you can with the eating thing. Were not going any further than that and dont push us or Janette will bite back. Speaking ofJanette is an actual, real-life expert in cooking. She had her own cooking show on the TV Food Network for crackers sake. (Clever, huh? Crackerscookingget it??!) Okay. She really can cook, look her up, shes a Celebrity Chef! So there. If you want dessert come to our website and go In the Kitchen at Janettes Blog. She posted her newest invention Peanut Butter Makeover Cookies. Shes replaced all the fat with a secret ingredient. And theres lots more fiber. Yum. But for now we leave you with one of her favorite recipes to prove that eating your vegetables isnt so hard after all.

Janettes Spinach Baseballs in a Whole Wheat Mitt

Ingredients

BASEBALL GLOVES:

4 whole wheat pocket-less pitas

Vegetable cooking spray

Salt and pepper

teaspoon red pepper flakes

[youtube]http://www.youtube.com/watch?v=Iq9-_ODDoHI[/youtube]

SPINACH BASEBALLS:

1 cup Italian breadcrumbs

teaspoon nutmeg

cup grated parmesan

1 teaspoons salt

1 teaspoon freshly ground pepper

medium white onion, finely chopped

red pepper, seeded and de-veined and finely chopped,

cup chopped fresh basil

1 Portobello mushroom, stemmed, cleaned and finely chopped

1 pound fresh spinach, steamed and well squeezed and chopped

5 egg whites

2 cups spicy Marinara sauce, such as Classico, heated

Pre-heat oven to 350 degrees F.

TO MAKE THE BASEBALL GLOVES:

Using your hand for a model, cut each pita loaf into the shape of a baseball glove, separating each finger. Place each in small oven proof bowl and push down in center to conform to the shape of the bowl. Spray the top of the pita with vegetable spray, sprinkle with salt, pepper and red pepper flakes. Bake for approximately 10 minutes. Remove from oven and let cool before removing from bowl.

TO MAKE THE SPINACH BASEBALLS:

In a large bowl, combine the breadcrumbs, nutmeg, parmesan, salt and pepper. Add the onions, peppers, basil, and Portobello mushroom and toss until well coated. Mix in the well drained spinach and stir until fully incorporated. Mix in the egg whites.

Form into 4 large baseball,s place on nonstick baking sheet and bake for 25 minutes.

To serve, place a spinach baseball in each whole wheat mitt. Top with cup marinara sauce and serve immediately.

Yield: 4 servings

Per serving

409 Calories

8.5

Total Grams of Fat

1.9

Grams of Saturated Fat

6.8

Grams of Fiber

About the Author: Laura Banks and Janette Barber are the bestselling authors of Embracing Your Big Fat Ass (Atria). They write about positive body-image, weight-acceptance, self-esteem with humor. It’s time to love your BFA (Big Fat Ass). Janette is a 6 time Emmy-Award winning producer/writer and Laura is a columnist at Tarot.com.

Embracing Your Big Fat Ass

.

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Wikinews interviews 2020 Melbourne Lord Mayor Candidate Wayne Tseng

This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

Thursday, October 22, 2020

2020 Melbourne Lord Mayor candidate Wayne Tseng answered some questions about his campaign for the upcoming election from Wikinews. The Lord Mayor election in the Australian city is scheduled to take place this week.

Tseng runs a firm called eTranslate, which helps software developers to make the software available to the users. In the candidate’s questionnaire, Tseng said eTranslate had led to him working with all three tiers of the government. He previously belonged to the Australian Liberal Party, but has left since then, to run for mayorship as an independent candidate.

Tseng is of Chinese descent, having moved to Australia with his parents from Vietnam. Graduated in Brisbane, Tseng received his PhD in Melbourne and has been living in the city, he told Wikinews. Tseng also formed Chinese Precinct Chamber of Commerce, an organisation responsible for many “community bond building initiatives”, the Lord Mayor candidate told Wikinews.

Tseng discussed his plans for leading Melbourne, recovering from COVID-19, and “Democracy 2.0” to ensure concerns of minorities in the city were also heard. Tseng also focused on the importance of the multi-culture aspect and talked about making Melbourne the capital of the aboriginals. Tseng also explained why he thinks Melbourne is poised to be a world city by 2030.

Tseng’s deputy Lord Mayor candidate Gricol Yang is a Commercial Banker and works for ANZ Banking Group.

Currently, Sally Capp is the Lord Mayor of Melbourne, the Victorian capital. Capp was elected as an interim Lord Mayor in mid-2018 after the former Lord Mayor Robert Doyle resigned from his position after sexual assault allegations. Doyle served as the Lord Mayor of Melbourne for almost a decade since 2008.

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Creativity celebrated at Fan Expo Canada 2018 in Toronto

Tuesday, September 4, 2018

Fan Expo Canada ran in Toronto last weekend, from Thursday to Sunday, spread over both multi-storey buildings at the Metro Toronto Convention Centre. The event is one of North America’s largest pop culture events, with panels, product unveilings, screenings, an artists’ alley, and celebrity autographs.

Featured programming included reunions of cast members from 2001: A Space Odyssey, Back to the Future, Xena: Warrior Princess, and Degrassi: The Next Generation. Other cast panels included Star Trek Discovery, Adventure Time, Steven Universe, and Grand Theft Auto. Attendees could have their portfolios reviewed by staff from Marvel and DC Comics, speed date others of the same sexuality, or try a Doctor Who escape room.

The end-of-summer event is one of three held in Toronto by convention firm Informa, a list that also includes the springtime Toronto Comic Con.

Wikinews was there, and captured some of the cosplay creativity and booths full of products new and old.

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NTSB releases updates on status of 3 major US investigations

Sunday, June 17, 2007

The National Transportation Safety Board (NTSB), the agency responsible for investigating transportation accidents in the United States, released updates on three major investigations on June 14.

The NTSB, well known publicly for its involvement in the investigation of aviation incidents which involve harm or loss of human life, is also an agency that oversees the transportation of refined petroleum and gas products, chemicals and minerals.

The agency determined the cause of a natural gas pipeline explosion that killed six. It also detailed the cause of an accidental release of 204,000 gallons of anhydrous ammonia from a pipeline in an environmentally sensitive area, and released preliminary information involving two commercial aircraft coming within 30-50 feet of each other on a runway.

In the gas explosion disaster, the towing vessel Miss Megan, which was of specifications that did not require inspection by the United States Coast Guard, was being operated in the West Cote Blanche Bay oil field in Louisiana by Central Boat Rentals on behalf of Athena Construction on October 12, 2006. The Miss Megan was pushing barge IBR 234, which was tied along the starboard side of barge Athena 106, en route to a pile-driving location. Athena Construction did not require its crews to pin mooring spuds (vertical steel shafts extending through wells in the bottom of the boat and used for mooring) securely in place on its barges and consequently this had not been done. During the journey, the aft spud on the Athena 106 released from its fully raised position. The spud dropped into the water and struck a submerged, high-pressure natural gas pipeline. The resulting gas released ignited and created a fireball that engulfed the towing vessel and both barges. The master of the towing vessel and four barge workers were killed. The Miss Megan deckhand and one barge worker survived. One barge worker is officially listed as missing.

The NTSB blames Athena Construction for the disaster, citing in the final report that Athena Construction’s manual contained no procedures mandating the use of the safety devices on the spud winch except during electrical work. It was found that if the Athena 106 crew had used the steel pins to secure the retracted spuds during their transit, a pin would have prevented the aft spud from accidentally deploying. Furthermore, the spud would have remained locked in its lifted position regardless of whether the winch brake mechanism, the spud’s supporting cable, or a piece of connecting hardware had failed.

The NTSB also found that contributing to the accident was the failure of Central Boat Rentals to require, and the Miss Megan master to ensure, that the barge spuds were securely pinned before getting under way. The Board noted that investigators found no evidence that the Miss Megan master or deckhand checked whether the spuds had been properly secured before the tow began. While Central Boat Rentals had a health and safety manual and trained its crews, the written procedures did not specifically warn masters about the need to secure spuds or other barge equipment before navigating. The NTSB stated that the company’s crew should have been trained to identify potential safety hazards on vessels under their control.

NTSB Chairman Mark Rosenker said of the investigation’s results, “Having more rigorous requirements in place could have prevented this accident from occurring. Not only do these regulations need to be put in place but it is imperative that they are enforced and adhered to.”

The NTSB has made a number of safety recommendations as a result of this accident and the subsequent investigation. Recommendations were made to Athena Construction and Central Boat Rentals to develop procedures and train the employees of its barges to use the securing pins to hold spuds safely in place before transiting from one site to another.

The most major of the other recommendations are:

To the Occupational Safety and Health Administration:

  • Direct the Maritime Advisory Committee for Occupational Safety and Health to issue the following documents document to the maritime industry: (1) a fact sheet regarding the accident, and (2) a guidance document regarding the need to secure the gear on barges, including spud pins, before the barges are moved, and detailing any changes to your memorandum of understanding with the Coast Guard.

To the U. S. Coast Guard

  • Finalize and implement the new towing vessel inspection regulations and require the establishment of safety management systems appropriate for the characteristics, methods of operation, and nature of service of towing vessels.
  • Review and update your memorandum of understanding with the Occupational Safety and Health Administration to specifically address your respective oversight roles on vessels that are not subject to Coast Guard inspection.

The NTSB also released the result of its investigation into an environmental disaster in Kansas on October 27, 2004 in which 204,000 gallons (4,858 barrels) of anhydrous ammonia was spilled from a ruptured pipeline in Kingman into an environmentally sensitive area. Chemicals from the pipeline entered a nearby stream and killed more than 25,000 fish, including some fish from threatened species.

The incident reached the scale that it did due to operator error after the initial rupture. The 8 5/8-inch diameter steel pipeline, which was operated by Enterprise Products Operating L.P., burst at 11:15 a.m. in an agricultural area about 6 miles east of Kingman, Kansas. A drop in pipeline pressure, indicating abnormal conditions or a possible compromise in pipeline integrity, set off alarms displayed on the computerized pipeline monitoring system. Shortly after the first alarm the pipeline controller, in an attempt to remedy the low pressure, increased the flow of anhydrous ammonia into the affected section of pipeline. A total of 33 minutes elapsed between the time when the first alarm indicated a problem with the pipeline and the initiation of a shutdown.

In its initial report to the {{w|National Response Center|National Response Center|| (NRC), the pipeline operator’s accident reporting contractor reported a release of at least 20 gallons of ammonia, telling the NRC that an updated estimate of material released would be reported at a later time. No such report was ever made. Because of the inaccurate report, the arrival of representatives from the Environmental Protection Agency was delayed by a full day, affecting the oversight of the environmental damage mitigation efforts.

The cause of the rupture itself was determined to be a pipe gouge created by heavy equipment damage to the pipeline during construction in 1973 or subsequent excavation activity at an unknown time that initiated metal fatigue cracking and led to the eventual rupture of the pipeline.

“We are very fortunate that such highly toxic chemicals of the size and scope involved in this accident were not released in a populated area,” commented Rosenker. “Had this same quantity of ammonia been released near a town or city, the results could have been catastrophic.”

As a result of this accident, the NTSB made the following safety recommendations:

To the Pipeline and Hazardous Materials Safety Administration:

  • Require that a pipeline operator must have a procedure to calculate and provide a reasonable initial estimate of released product in the telephonic report to the National Response Center.
  • Require that a pipeline operator must provide an additional telephonic report to the National Response Center if significant new information becomes available during the emergency response.
  • Require an operator to revise its pipeline risk assessment plan whenever it has failed to consider one of more risk factors that can affect pipeline integrity.

To Enterprise Products Operating L.P.:

  • Provide initial and recurrent training for all controllers that includes simulator or noncomputerized simulations of abnormal operating conditions that indicate pipeline leaks.

“The severity of this release of dangerous chemicals into the community could have been prevented,” said Rosenker. “The safety recommendations that we have made, if acted upon, will reduce the likelihood of this type of accident happening again.”

As well as concluding their investigation of the above accidents, the NTSB also released preliminary information regarding a serious runway incursion at San Francisco International Airport between two commercial aircraft on May 26, 2007.

At about 1:30 p.m. the tower air traffic controller cleared SkyWest Airlines flight 5741, an Embraer 120 arriving from Modesto, California, to land on runway 28R. Forgetting about the arrival airplane, the same controller then cleared Republic Airlines flight 4912, an Embraer 170 departing for Los Angeles, to take off from runway 1L, which intersects runway 28R.

After the SkyWest airliner touched down, the Airport Movement Area Safety System (AMASS) alerted and the air traffic controller transmitted “Hold, Hold, Hold” to the SkyWest flight crew in an attempt to stop the aircraft short of runway 1L. The SkyWest crew applied maximum braking that resulted in the airplane stopping in the middle of runway 1L. As this was occurring, the captain of Republic Airlines flight 4912 took control of the aircraft from the first officer, realized the aircraft was traveling too fast to stop, and initiated an immediate takeoff. According to the crew of SkyWest 5741, the Republic Airlines aircraft overflew theirs by 30 to 50 feet. The Federal Aviation Administration has categorized the incident as an operational error.

The NTSB sent an investigator to San Francisco, who collected radar data, recorded air traffic control communications, and flight crew statements, and interviewed air traffic control personnel prior to the NTSB making the preliminary release.

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Is Myopractic Muscle Therapy Safe?}

Submitted by: Terry Small

When it comes to the safety of alternative medical care, nothing beats massage therapies that have gentle approaches in treating various ailments, disorders, and dysfunctions in a clients physical constitution. Most of the therapies using manual manipulation techniques with the use of the hands, feet, elbows, knees, forearms, and other usable parts of the human body are risk-free and can be used as an alternative treatment.

Myopractic Muscle Therapy is a systematic approach in bodywork treatment designed to deal with various chronic pain and give the body a deeply relaxing state to promote overall health and well-being. The therapy is a combination of structural integration therapy and deep massage techniques that are used to manipulate and improve the condition of the essential parts of the human body in order to accomplish the main objectives of the health care service, which is to maintain health, treat and prevent all types of medical issues.

[youtube]http://www.youtube.com/watch?v=DlflU_9D0nY[/youtube]

In order to become a certified Myopractic Muscle Therapy practitioner or therapist, you must endure and pass the intensive training that will hone your skills and educate you with the ins and outs of manipulating the human body. The therapy will require you to pass either the foundational or the master level training depending on your preference. Most of the techniques taught during the foundational training are basic and easy-to-learn massage methods that can be very effective when properly utilized. On the other hand, master level training teaches advanced techniques in structural integration that are great for providing the best treatment and results to any client in need of medical attention.

The training alone proves on how dedicated and cautious the practitioners of the healing art are in providing treatment for their patients. Myopractic Muscle Therapy is regarded as a safe type of body treatment although it uses deep penetrating massage techniques on the patient during the therapy session. Regardless of the deep massage used for addressing chronic painful conditions, the methods used and conducted by the therapist are properly performed and utilized on every therapy sessions. In addition to the bodywork, an initial physical evaluation and conversation with the client to get valuable information regarding his or her current health status and medical history are conducted before starting the actual therapy session. This is essential in accomplishing a successful, accident-free, pain-free, and smooth-sailing treatment. Most of the types of bodywork techniques that include physical assessment are known to be much safer than the other treatments. The gathering of information in regards to the medical history and condition of the patient really adds up to the whole process of avoiding and preventing future health problems due to complications to the treatment.

Generally, most of the accidents during therapy sessions are the result of the lack of training of the practitioner or therapist and the poor coordination between the therapist and the client. Aside from these, the styles and techniques used in the treatment are considered as safe and effective especially under the hands of a professional massage therapist. The best way to find a good myopractic therapist is by contacting their main office and request for a practitioner situated near your place.

About the Author: I write for TIR Massage Stone about

hot stone massage

techniques and

hot stone massage

products.

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Las Vegas ‘chili finger’ woman has history of lawsuits

Story sources
  • Barbara Grady, Reuters. “Wendy’s Offer Reward Over Chilli Finger” — xtra msn, April 11, 2005
  • Dave Murphy and Ryan Kim. “Loyalists still visit the Wendy’s, Some even get the chili, although business is down” — San Francisco Chronicle, April 10, 2005
  • Dan Reed, Crystal Carreon. “Scrutiny intensifies for woman who found finger in chili” — AJC, April 10, 2005
  • Ken Ritter, AP. “Wendy’s finger finder has litigious history” — Las Vegas Review-Journal, April 9, 2005
  • Brandon Bailey and Rodney Foo. “Finger-finder involved in other claims” — San Jose Mercury News, April 9, 2005
  • Rachel Konrad, AP. “Woman who claimed to find finger at Wendy’s has litigious history” — San Jose Mercury News, April 8, 2005
  • Brian Haynes. “Chili investigation comes to Las Vegas” — Las Vegas Review-Journal, April 8, 2005

Monday, April 11, 2005

Anna Ayala, the Las Vegas woman who claims to have found the notorious “chili finger” at a Wendy’s outlet in San Jose, California, has filed lawsuits against other businesses, according to researchers at the Associated Press. Her previous court battles included the national El Pollo Loco chicken-chain, a previous employer, and even General Motors.

Ayala successfully won her suit for medical expenses against El Pollo Loco, after her daughter Genesis contracted salmonella poisoning from eating at the restaurant. However, Ayala lost another suit in 2000 claiming that a wheel fell off her car.

Ayala’s original account of the incident spoke “emotionally and with disgust” to the San Jose Mercury News when she described it to the paper.

“Lies, lies, lies, that’s all I am hearing. They should look at Wendy’s. What are they hiding? Why are we being victimized again and again?” Ayala recently told The Associated Press. Ayala is now in her Las Vegas home, avoiding reporters.

“It doesn’t prove anything,” family spokesman Ken Bono told the San Francisco Chronicle. “My mom has 10 lawsuits. A lot of people have lawsuits. Why would she sue for money? She has plenty of money,” he said.

Nick Muyo, a spokesman for the San Jose Police department, said not to expect new information in the case for at least a week.

“We just want to step back and take a deep breath,” Muyo told Knight Ridder Newspapers. “From a law enforcement point of view, once you establish it is a human finger, you have to wonder is this a case of industrial accident or is this a case of unreported homicide,” he said.

Las Vegas police searched Anna Ayala’s home on Wednesday, retrieving a cooler and other effects from her home, such as a makeup case.

Despite the incident, which has dramatically reduced sales at Northern California Wendy’s outlets, die-hard Wendy’s fans are still turning up for lunch, even at the outlet where the finger was found, at 1405 Monterey Highway, just south of downtown San Jose.

“We’ve eaten here for years,” a police officer told the San Francisco Chronicle under the condition that he remain anonymous. “They’re very nice people. When we work Spartan Stadium, we always eat here,” he said.

San Jose City Council candidate Andrew Diaz still eats the chili. And he witnessed the finger discovery.

“I walked away real slow,” Diaz told the San Francisco Chronicle. “I didn’t want any commotion,” he said.

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Australian government pays A$20m for copyright to Aboriginal flag

Wednesday, January 26, 2022

On Tuesday, the day preceding Australia Day, the Australian government announced it had purchased the copyright to the Australian Aboriginal Flag for A$20.05 million.

The flag, created by Luritja man Harold Thomas in 1970, represents the connection Aboriginal people have to the land. It was adopted as a national flag in 1995, however copyright remained with Thomas. The flag could not be used without his approval or compensation.

Australian Prime Minister Scott Morrison promised the flag would be treated in a comparable way to the national flag, which can be used by anyone so long as it is displayed in a “respectful and dignified way.”

Morrison promised: “All Australians can now put the Aboriginal Flag on apparel such as sports jerseys and shirts, it can be painted on sports grounds, included on websites, in paintings and other artworks, used digitally and in any other medium without having to ask for permission or pay a fee,”

“We’ve freed the Aboriginal Flag for Australians.”

Indigenous Affairs Minister Ken Wyatt said: “Over the last 50 years we made Harold Thomas’ artwork our own — we marched under the Aboriginal Flag, stood behind it, and flew it high as a point of pride,”

“Now that the Commonwealth holds the copyright, it belongs to everyone, and no-one can take it away.”

The commercial arrangements surrounding the flag were highlighted in 2019 after one of the clothing companies holding a licence for the flag, WAM Clothing, gave notices to the National Rugby League and Australian Football League, alleging jerseys worn at their Indigenous round infringed upon their copyright. At the time, Wyatt urged football fans to show their objections to the claim by clothing themselves in the flag. It is understood several other organisations were given similar notices.

Under the agreed deal, the government paid A$20.05 million to Thomas and licence holders to secure copyright and buy back the rights of licence holders. They have pledged to:

  • transfer future royalties from commercial flag sales into a fund to support NAIDOC Week;
  • establish a A$100 thousand scholarship in Thomas’ honour for Indigenous students to develop leadership skills;
  • accept and display a painting by Thomas celebrating the flag’s 50th anniversary and the transfer of copyright;
  • create a web portal for flag history and education.

Bangarang woman Geraldine Atkinson told Nine News she was “absolutely pleased” about the flag passing to the government, saying the news gave Indigenous Australians something to celebrate on Australia Day. Atkinson said: “When I read it, it was the first I’d heard about it, and I punched the air, I was so excited […] We’re not going to be celebrating the day, but we’re going to be celebrating our flag. We’re going to be celebrating that we can fly our flag, and wear it on our shirts.”

While Greens Senator Lidia Thorpe welcomed the news, she was wary about the deal, saying: “I’m concerned that the Commonwealth owns the copyright over our flag and what that means for the unceded sovereignty and the self-determination of our people […] We need to have genuine conversations about what it means for the Commonwealth to own the copyright of our flag and if any other models of community ownership were seriously considered. For the moment, this is a win.”

Labor Party Senator Malarndirri McCarthy said she would be scrutinising the deal during the Senate’s forthcoming budget estimates: “I look forward to scrutinising this deal and examining the details through Senate Estimates next month, in particular the copyright and custodianship of the flag”. McCarthy went on to state, “Scott Morrison and the Indigenous Affairs Minister need to also clarify where the money for this deal is coming from.”

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US toy retail giant Toys ‘R’ Us files for liquidation in United States

Thursday, March 15, 2018

This morning, United States-based toy retail giant Toys “R” Us filed for liquidation with United States bankruptcy court. The company had about 735 stores in the country which may be closed as a result of the liquidation.

The motion came after the US holidays, after which the company said its revenue fell short of expectations. Toys “R” Us was seeking cooperation with its Canadian business to leave 200 stores open, the court papers said. The company said it would be unable to realize an earlier goal to leave as many as 400 stores open.

The papers filed in the court indicated that the United States holiday sales produced revenue US$250 million short of the expectations. In the report to the court, Toys “R” Us blamed in part its weakened e-commerce business. It wrote, “The stark reality is that the debtors are projected to run out of cash in the U.S. in May 2018.”

Toys “R” Us chief executive officer Dave Brandon said, “This is a profoundly sad day for us as well as the millions of kids and families who we have served for the past 70 years.”

Toys “R” Us said it was preparing to sell its businesses in Asia and Central Europe, including Germany, Austria, and Switzerland.

In September 2017, Toys “R” Us filed for bankruptcy in the US and Canada, and a judge allowed a US$2 billion loan.

Kohlberg Kravis Roberts, Bain Capital Partners, and Vornado Realty Trust purchased Toys “R” Us for US$6.6 billion in 2005. According to CNBC, the company had US$4.9 billion in debt at that time, which made it difficult for the company to adapt to the changing market.

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Making A Claim Against An Estate

By Frank Egan – LAC Lawyers

Family Provision Act Claims

Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.

These persons are often current or former spouses, de facto spouses, children or step children. Sometimes grandchildren also may make a claim as well as other persons who have, at some time, been at least partially financially dependant on the deceased and a member of the deceased’s household. Frequently the deceased is viewed as having had a moral obligation to make some provision for that person on their death.

In these circumstances it may be possible to make a claim under the Family Provision Act 1982 (NSW). Proceedings for an order under the Family Provision Act must be commenced within 18 months after the death of the deceased person. The court has the power to extend the time for commencement of proceedings where sufficient cause is shown for the application not having been made within the 18 month period.

In order for a court to alter the deceased’s will the court must be satisfied that the deceased failed to make adequate provision for the ‘proper maintenance, education and advancement in life’ of the person making the application. Whether the deceased made ‘adequate’ or ‘proper’ provision depends on all the circumstances of the case.

For this reason courts consider a wide range of factors such as: the wealth of the deceased, the number and needs of other dependents and beneficiaries, the age and capacity of the applicant and the relationship between the applicant and the deceased.

[youtube]http://www.youtube.com/watch?v=RENERZ7hKF8[/youtube]

Where a court is satisfied that the deceased failed to make adequate and proper provision for someone, the court then decides what, if any, provision should be made for the applicant. In making this second determination, courts again consider a wide range of factors. For instance, if the applicant is a person with an intellectual disability the court may consider issues such as the availability of social security benefits and the extent to which the person’s disability inhibits his or her ability to gain employment.

Undue Influence & Duress

Courts can declare a will to be invalid in situations where it was made under duress or undue influence. In either situation, someone attempted to influence the terms of the will. Duress can be physical, psychological or in the form of a threat. Actual evidence of duress is required.

Undue influence can arise in circumstances where a relationship exists between a person making the will and another person such that the other person was in the position to exert some power over the person making the will to make the will in a certain way. Most often the person exerting the undue influence is likely to be a family member.

Incapacity

A will can also be challenged in the event that, at the time it was made, the person making the will lacked the necessary legal capacity to make the will. In effect, this means that the person making the will, at the time, did not understand the nature and effect of a will they were making, or were unable to make rational decisions regarding the distribution of their property.

This situation most frequently occurs in relation to the elderly, people in frail health, or those suffering from an illness which affects their mind.

In almost all cases, medical evidence as to the person’s lack of capacity will be required to establish the incapacity at the time the Will was made.

Contract to Make a Will

In some situations, people (usually married or de facto couples) may choose to enter into a binding contract to make their wills in a certain way. Usually both people make a will in accordance with the contract at or about the time the contract is entered into.

It sometimes happens that one of those persons may make a later will which is inconsistent with the contract, often without telling the other contracting party about their new will, or perhaps after the death of that person.

Where the contract regarding the making of the wills has been properly drafted and is legally enforceable, persons affected by a breach of the contract may be entitled to make a claim for damages or other relief from the court.

About the Author: Frank Egan is the Chief Executive Officer of LAC Estate Lawyers Sydney and has over 27 years of experience as a lawyer.

Source: isnare.com

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