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George Lucas C-3PO

Before the release of Star Wars: The Force Awakens, franchise creator George Lucas had spoken a bit about giving up the reins to the sci-fi saga, equating the situation to a break-up. Disney didn’t want to make the kind of movie that Lucas had in mind, and so the studio and the man went their own separate ways. And now we get even more from the filmmaker about what he didn’t want for Star Wars, why he doesn’t have an Oscar, and what he’s going to do next.

George Lucas sat down with Charlie Rose for a nearly one-hour interview that covered everything from his career as a director and technological innovator, and he was pretty candid about Hollywood, making popular films and more. You can watch the full interview just below, but if you don’t have 54 minutes to spare, we break down some of the finer points of his commentary after that. Here’s the full George Lucas Charlie Rose interview from Hulu:

Starting things off with a bang, Rose made the mistake of thinking that Lucas had an Oscar already. Lucas clarified that he hadn’t won any Oscars, adding, “They don’t give Academy Awards to popular films.”

Indeed, Star Wars didn’t win Best Picture, but it landed Oscars for art direction, costume design, sound, film editing, visual effects, and score, not to mention nominations for Lucas for directing and writing. After that, the sequels never got that level of awards recognition again, and the prequels were far from awards-worthy. But that wasn’t simply because the films were popular.

While I understand what Lucas is getting at with that kind of comment, one can’t help but point out that some pretty popular films, such as The Departed, Argo, Slumdog Millionaire, Gladiator and Lord of the Rings: Return of the King, have won Best Picture in recent years. But forgetting about that detail, Lucas says he doesn’t care about awards anyway and is fine with making popular movies:

Popular is okay with me. I think it’s a very important part of society. If you’re making a work of art or a film or whatever and nobody sees it, it does nobody any good.

However, in a bit of a contradiction, it seems that he’s had it with being popular, because for the rest of his career, he doesn’t want to make those kind of movies:

I’m gonna make movies that only I wanna see and I wanna do. I’ve always wanted to do that. I fell into popular movies by accident. I always disliked Hollywood theatrical movies. I didn’t want anything to do with them.

George Lucas Star Wars Episode VII

And part of the reason that he ended up not making Star Wars: Episode VII with Disney is because he didn’t want to make the movie that Disney wanted to make. We’ve already written about how Lucas said that Disney wanted to make something for the fans. And now we know that when he said that he thought fans would like The Force Awakens, it was a bit of a backhanded compliment. But now we get a little more from that train of thought, including one very poor analogy, and what could be a slight dig at The Force Awakens in retrospect.

First of all, when talking about the deal with Disney to sell Lucasfilm, the director refers to the Star Wars films as being like his kids, as many artists feel about their work. But then he equates the Disney deal to selling them “to the white slavers that takes these things, and…” He smartly laughs and moves on from that dangerous train of thought, and he has since apologized in a public statement. We get what he was trying to say, but c’mon, George. Anyway, he later adds what Disney wanted to do with Star Wars and vaguely talks about how it was different from his ideas:

They wanted to do a retro movie. I don’t like that. Every movie I work very hard to make them completely different, with different planets, with different spaceships, make it new.

Knowing what we know now about The Force Awakens, it’s hard to argue with him calling it a “retro movie.” The film reuses plenty of elements (another Death Star-esque assault), settings (Jakku is just Tatooine), characters (just pick one), and more in what is essentially a remix of the original Star Wars with some bits of Empire Strikes Back and Return of the Jedi thrown in for good measure. There wasn’t much new beyond the fantastic new characters, which are the biggest reason to be excited for Episode VIII.

Don’t get me wrong, The Force Awakens is one of the most enjoyable experiences I’ve had at the movies in forever, and it’s a good place to start a new trilogy. It’s familiar enough to please fans hurt by the prequels, but has enough promising new pieces to pave the way for Episode VIII. But it’s safe, lacking true originality and is certainly “retro” as Lucas says. So it’s hard to slight George Lucas for avoiding doing what he already did back in 1977.

George Lucas The Force Awakens Reaction

This is where we get into some rather insightful commentary by the director about what it’s like working in the studio system as a filmmaker, making it clear as to why he doesn’t want to do what the studios want him to do anymore. Thinking back to the times when the Soviet Union was a more prominent threat and headline-maker, Lucas said that when he was prompted to express his pleasure at being in America where they had all the freedom in the world, he responded:

I know a lot of Russian filmmakers. They have a lot more freedom than I have. All they have to do is be careful about criticizing the government. Otherwise they can do anything they want.

And when it comes to the Hollywood system, both back then and today, Lucas says, “You have to adhere to a very narrow line of commercialism.” And to show how dangerous that can be, with studios just wanting sequels, remakes and more, he reminds us:

You gotta remember, ‘Star Wars’ came from nowhere. ‘American Graffiti‘ came from nowhere. There was nothing like it. Now, if you do anything that’s not a sequel or not a TV series or doesn’t look like one, they won’t do it!

Indeed, the greatest movies in the world came from a place of originality before they were turned into popular franchises. And now studios are obsessed with just reworking what they know already can sell. It’s lazy, and while sometimes it does work, it’s hard for creativity to thrive.

So for the next phase of his career, Lucas plans to go back to his American Graffiti and THX 1138 roots and play with the filmmaking as best he can: “I’ve been fascinated with the true nature of the medium — it’s been used more as a recording medium, than as an art form unto itself.” Speaking about tone poems in Russia, Lucas says he hopes to look at how to “tell visual stories, basically without dialogue, without all the things you use to tell a story, and you just use the film itself. It’s kind of esoteric, it hasn’t come much further in one hundred years. I’m going to try and take it into something that is more emotionally powerful than most of the stuff we’ve done up to this point.”

Personally, I’m very interested to see what George Lucas can do outside of Star Wars at this phase in his career, and it would be great to see the ambitious filmmaker who wowed us so many years ago make some kind of comeback.

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Spring Breakers: James Franco’s cornrowed wannabe gangster has invaded my consciousness.

The Movie Club

The Gratifyingly Frank, Unprurient, Smokin’ Hot Middle-Aged Lesbian Sex of Concussion

The Movie Club

The Gratifyingly Frank, Unprurient, Smokin’ Hot Middle-Aged Lesbian Sex of Concussion
Critic vs. critic.
Jan. 14 2014 9:44 PM

The Movie Club

Entry 5: The gratifyingly frank, unprurient, smokin’ hot middle-aged lesbian sex of Concussion.

Robin Weigert in Concussion.

Photo courtesy Concussion Films/Weinstein Co

Stephanie, Wesley, Mark:

I hope creative studio marketers are paying close attention to our conversation here, because Stephanie’s declaration (concerning Her) that she “would rather watch Jordan Belfort blow cocaine into 100 hookers’ butt cracks” strikes me as the best Oscar-campaign blurb imaginable for The Wolf of Wall Street. For my part, I didn’t need any more hand-wringing from Wolf: I found Marty to be plenty censorious of his coke-Hoovering protagonists, indeed almost to a fault. What I wanted more of was just modulation, counterpoint, that syncopated musicality that made Goodfellas like a grand Italian opera, building periodically from comic gangster recitative to soaring directorial arias (Ray Liotta’s paranoid coked-up day, the massacre montage over Eric Clapton’s “Layla”). Goodfellas may be the last Scorsese movie that I really loved. Those that have come since have often seemed either ponderous and labored (Hugo, The Departed) or committed to a scene-by-scene “whoa man” intensity at the cost of structural coherence or thematic nuance (Wolf of Wall Street, Shutter Island—a movie I mention with trepidation, because every time the title comes up a bat cave’s worth of cinephiles swoops in to inform me I’m watching it wrong). Wesley’s defense of Wolf as a “parade of sensations” sounds so sensuous and life-affirming, I almost want to watch the movie again, or at least I want to want to—but then I remember how, as witnessed at the time, that sensory parade felt as joyless and compulsory as the one performed by the tighty-whitie-clad marching band to celebrate one of Stratton Oakmont’s many drearily similar swindling triumphs.

I think Mark’s made the case I would have made for Her beautifully, and I’ll leave it at that, adding only that I experienced the movie less as the wussy gynophilic drama Stephanie describes than as a rare and welcome example of speculative science fiction in the utopian tradition. I’m tired of being asked to conceive of the future solely as a monochrome post-apocalyptic wasteland stalked by insectoid robots and Christian Bale. Her imagines a different possible future, one in a much more direct line from where we are right now, which will contain not only capitalist drudgery and technology-enabled alienation but color, pleasure, laughter, sex, maybe even the possibility of love. I still giggle when I think of the scene in which Phoenix’s Theodore Twombly is trapped in an awkward conversation with his OS girlfriend’s new crush: the artificially reconstructed consciousness of the late Zen philosopher Alan Watts. Who hasn’t had to chat with a romantic rival that galling at least once?

Maybe I’m just a simpleton—I should have stipulated that right up front—but I found many of Her’s ideas about technology and the future of consciousness genuinely interesting to think about. I like how Jonze’s script just slightly extrapolates our current technology-related pains and pleasures: our steadily ballooning sense of interconnectedness, our bewilderingly sped-up lives. And Joaquin Phoenix’s performance, alone onscreen for all those scenes, is so intimate, so permeable—it’s hard to believe this is the same man who played the rageful, distant World War II vet of The Master, or the low-functioning stoner version of himself of I’m Still Here. Phoenix is a shaman of an actor, capable of transformations that seem to pull their power from some primal source. Theodore Twombly may be something of an emo milquetoast, but Phoenix’s ability to become him is downright scary.

Wesley, you and I bumped fists briefly over Concussion in the last round, but let’s revisit it for a minute, because I suspect that many, many people out there missed the chance to see Stacie Passon’s debut film, which zoomed by almost unheeded sometime in the fall. (I would likely have missed it had it not been for Andrew O’Hehir’s trumpetlike manifesto on its behalf—one of the best favors a film critic can do for another, though I think we should all agree it’s best to limit oneself to a maximum of two trumpetlike manifestos a year.) Concussion isn’t for every cinematic palate; it’s an extra-vinegary salad of chopped cactus without the spines removed. But there’s a refreshing astringency to its clear-eyed satire of the fatuous upper-middle-class milieu in which it takes place. The story is Luis Buñuel’s Belle de Jour by way of Real Housewives of New Jersey, with a transfixing Robin Weigert as a lesbian stay-at-home mother turned high-end (lesbian) escort on a whim. I can’t think of a lead character this year who was simultaneously as badly behaved and as impossible not to feel for as Weigert’s frazzled, cranky, philandering Abby—she makes Llewyn Davis look like a sparkling dinner companion. Concussion feels almost European in its keen observation of small social hypocrisies and ironies, not to mention its gratifyingly frank, unprurient, and frequently smokin’ hot depiction of middle-aged lesbian sex. In this second round, can you each toss out the title of one movie that was to you this year what Concussion was to me—an under-celebrated surprise you’re glad you managed to pluck out of the oncoming rush before it washed past?

Oh and Stephanie, one last thing on Spring Breakers: I have a counterpart to your story about letting that neon-hued irritant of a movie get its hooks in you. Filling out my brand-new 2014 wall calendar with some basic dates for the new year, I found myself printing in large block letters across the last two weeks of March, “SPRAAAANNNNGG BREAK.” James Franco’s cornrowed, Gatsbyesque wannabe gangster had invaded my consciousness, outliving the movie that spawned him, replicating like a virus. It feels almost wrong to label Franco’s Alien a “character”—he’s an impersonation of a parody of a stereotype, or a travesty of a mockery of a sham, or something. But he’s an indelible creation, and months after the rest of the movie has receded into a blur of Skrillex beats and slo-mo jiggling, Franco’s squinty, grill-toothed smile remains, hovering in the air like the Cheshire cat’s.

Sprang Break 4ever,

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Thursday, 25 June 2015 - , , , 0 comments

RECIPE : Summer Berry Eton Mess

It's that balmy Summer evening, tennis-watching, soft fruit time of year! What better way to enjoy these events than with my wondrously decadent-tasting and deceptively low fat version of this sweet, tasty pretty pudding?

Eton Mess is traditionally made with thick cream, meringue and strawberries but for my Slice Of Slim version, I've mixed crushed meringues with creamy fat free Greek yoghurt and an abundance of fragrantly perfect Summer fruits which pop magnificently on your palate to produce a simple yet satisfying end to a meal.
You could even serve it mid-afternoon instead of a cream tea!
This literally takes a few minutes to concoct and is best made just before serving unless you don't mind the meringues turning soft.

This amazing dessert serves 4 and works out to 2pp/approx.150kcal per portion.

YOU WILL NEED : (serves 4)

4 individual meringue nests

2 small pots (170g each)
Fage 0% fat Total Greek yoghurt

100g punnet blueberries
225g punnet fresh raspberries
1 pomegranate

Empty the yoghurt into a large bowl.
Crush 3 of the meringue nests roughly and mix gently into the yoghurt.

Put a few berries and half the pomegranate to one side for later.

Gently mix the remaining blueberries, raspberries and half the pomegranate seeds into the yoghurt/meringue mixture.

The best way to loosen the pomegranate seeds is to halve the fruit then bash each half hard with a wooden spoon over the bowl.
If you want to avoid pink spray everywhere, pop it into a small freezer bag first-this will catch all the seeds and juice for you! Add the juice too-it will turn the Eton Mess a very pretty pale pink. Stir through gently to get a 'marbled' effect.

When you're ready to serve the pudding, crush the last meringue nest on top and scatter with the berries you put to one side earlier.

The final flourish is the addition of the jewel-like pomegranate seeds from the remaining half, decadently piled high like shimmering garnets!

If the weather allows, serve 'al-fresco' and enjoy every mouthful!

Eat & be messy!


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Superannuation invalidity and family law assessment of contributions
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Superannuation, Invalidity and Family Law Assessment of Contributions. Peter Skinner PGS Superannuation [email protected] Why I am presenting!!. Crawford & Crawford [2012] FMCAfam 1315 (4 December 2012) – a judgment by Altobelli FM

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Superannuation, Invalidity and Family LawAssessment of Contributions

Peter Skinner

PGS Superannuation

[email protected]

PGS Superannuation

Why I am presenting!!

  • Crawford & Crawford [2012] FMCAfam 1315 (4 December 2012) – a judgment by Altobelli FM

  • “Assisted” by a joint expert report, namely - statement prepared by Mr B of [S] (the wife’s expert) and Mr S of [P] (the husband’s expert) dated 5 November 2012

  • Para 53.” Ultimately, neither Mr B nor Mr S’s expert evidence directly assists the court in assessing whether, and if so to what extent, the husband has made a contribution to the wife’s pension.

  • I am currently preparing another joint expert report and I would like your input as to what would assist the court.

  • Furthermore, I have another 4 similar cases that are likely to proceed to court

PGS Superannuation

Why the Fuss?

Invalidity payments from defined benefit schemes can be very large!

PGS Superannuation

Invalidity Super Payments

  • Police and military traditionally have had generous superannuation invalidity payments. Reflects the hazardous nature of their occupation.

  • Superannuation preceded compensation payments so at one time in the past, an injured member might only be compensated through superannuation.

  • Most NSW police retire on invalidity grounds – pension is 72.5% to 100% of salary. Average age is 45.

  • Military schemes have always been generous – eg a 18 year old recruit could be given a benefit equivalent to serving to 60 years of age but payable immediately.

  • FLVs range from $.8m to $1.8m

PGS Superannuation

The Real Issue

  • Invalidity superannuation payments were designed prior to the family law splitting regime.

  • Can result in unintended consequences.

  • Invalidity payments have to be unravelled or deconstructed to fit into the concepts of the Family Law Act.

  • This has posed considerable challenges to practitioners and the Courts.

PGS Superannuation

An Unintended Consequence Scenario

  • Soldier returns from Afghanistan – suffers PTSD

  • Marriage fails

  • Discharged on invalidity grounds – pension $60,000

  • Family Law Value is $1.2m

  • Assets divided equally

  • Wife has a CPI life time pension of $30,000

  • Soldier’s health improves – pension now $15,000

  • Further improvement – pension ceases

  • Wife retains her pension irrespective

PGS Superannuation

  • This presentation will assist practitioners to:

    • enhance understanding of invalidity pensions

    • provide practical arguments to assist in negotiations

  • 2 recent cases will illustrate the range of possible outcome and the disparity in considerations

  • Address the issue of how experts can be more helpful to the Court

PGS Superannuation

Form and Character of Invalidity Pensions

  • Invalidity pension is not all retirement income

  • Some compensation, some insurance type payment

  • Only awarded by virtue of ill health

  • No thought given to the consequences of splitting an invalidity pension in the FLA or Regulations

  • Result is ad hoc approach by practitioners

  • Precedent cases now emerging but .....!

PGS Superannuation

Authority to Look Behind the FLV

  • Well-known case of Coghlan and Coghlan [2005] FamCA 429; (2005)

  • 67. If this approach is adopted, …, the real nature of the superannuation interests in question can also be taken into account, both in consideration of the s 75(2) matters and in the final assessment of whether the ultimate order is just and equitable.

  • 68. When we refer to “the real nature” of the relevant superannuation interest, we are referring to the fact that notwithstanding that its value according to the Regulations may well be calculated to be a very significant amount, that superannuation interest may be no more than a present or future periodic sum, or perhaps a future lump sum, the value of which at date of receipt is unknown.

PGS Superannuation

Difference in Family Law Values

  • Day before discharged invalidity, FLV $165,000

  • Day after, FLV $1.2m

  • What has changed?

  • Military will be the focus but applies to all occupations, especially police and fireman.

PGS Superannuation

Current Defence Super Schemes

  • A tiered approach

    • Class A, - 60% or more incapacity

    • Class B, - 30% to 59% or more incapacity

    • Class C, - less than 30% incapacity

  • Dual purpose of super has been maintained

  • Injury does not have to be work related

  • Mower example

  • Pension only and (mostly) reviewed periodically

  • Additional qualifications could allow other employment kinds to be taken into account - example

PGS Superannuation

Current Scheme – Military Super

  • Introduced actual and prospective service

  • Is the prospective service a compensation element?

  • Younger the age, the higher the prospective service and higher the compensation element

  • Previous superannuation scheme (DFRDB) based compensation on 40 years service – even if the joining age was say 45 years.

  • Illustrates the importance of understanding the rules of the super scheme

PGS Superannuation

Super & Injury - General

  • Most superannuation schemes offer some form of medical insurance

  • Most accumulation schemes only offer insurance on a fee for service basis

  • Most defined benefit schemes provides coverage for sickness or injury

  • However, only the military have a tiered approach

  • Other schemes require the person to be totally and permanently incapacitated

  • Limited life expectancy and no possibility of ever working again is the criteria

  • Consequently, most other schemes pay lump sums although some defined benefit schemes pay a pension

PGS Superannuation

Are Splittable Payments Made from an Invalidity Pension?

  • For schemes that have scheme specific factors, the invalidity pension is splittable in the same way as a retirement pension

  • For the rest, the Regulations provide an amnesty for the first 2 years where total and permanent incapacity has not been established

  • Caters for the period where payments are made during an assessment process

PGS Superannuation

What Happens to the Non-Member Spouse if Member’s Health Improves?

  • 2004 Orders provide provide for a clean break between the parties as a consequence of a split

  • Neither party influences the other’s holdings

  • An improvement in the health of the member will not result in a diminished benefit for the non-member spouse

  • On the other hand, if member health improves, he/she will only have 25% of the pension in the first review (50% reduction due to split, 50% reduction due to health improvement)

  • Second review could result in no pension – only fully preserved lump sum

  • Non-member spouse enjoys CPI indexed pension for life without any reviews

PGS Superannuation

Double Counting – Asset and Income

  • Is it double counting to count the invalidity pension as both an asset and an income stream

  • This appeal case DJ & AJ [2006] FamCA 961involved a husband who was on an invalidity pension of $52,146 pa. The husband objected to his super being included in his income asserting that it was double counting to include it as an asset and as income. The wife’s income was $40,000. The family law value (FLV) of the husband’s superannuation in the growth phase was $407,000 and $865,000 in the payment phase

  • Outcome: - The Full Court of Bryant Finn & Coleman dismissed the appeal. The Court ruled that the nature of the “income” is different. The wife earned her income by her own labour whereas his income was through superannuation. The husband does not have to work for his income – the wife does!

  • Importantly, there was no argument presented in this case that sought to identify the compensation component of the invalidity pension. Compensation for personal injuries has rarely been shared equally between the parties.

PGS Superannuation

What Do the Trustees Provide?

  • For an invalidity pension, the superannuation information form provides no information

  • Pension is noted as an invalidity pension

  • Practitioners must look elsewhere for useful information in relation to the invalidity pension

PGS Superannuation

Family Law Valuations

  • No useful information except for the FLV

  • If scheme specific factors are used, the FLV reflects the actuarial longevity of invalid pensioners

  • FLV is 15 to 20% lower – reflecting lower life expectancy

  • If no scheme specific factors, FLV uses default factors which do not differentiate between invalids and retirees

  • Above can be used to argue the case for a discount off the FLV

PGS Superannuation

Peeling Back the Onion

  • The increase in the FLV relative to the day before receipt of the invalidity pension is due to a sole event – an injury or sickness preventing continuation of employment

  • The question arises as to how can practitioners isolate the compensation or insurance part of the FLV

  • Examine 2 cases – both delivered in Dec 2012

  • Crawford - [2012]FMCAfam1315– most recent and best argued, and

  • Doran and Doran SYC 6943 of 6 Dec 12

PGS Superannuation

Crawford & Crawford[2012]FMCAfam1315

  • Judgment of Altobelli, 4 Dec 2012, Sydney

  • Both age 46, both joined Police Force in 1986

  • Wife – hurt on duty pensionfrom 2006 – FLV $1m

  • Husband – Police Officer – FLV, $.6m

  • 2/3 asset pool is super

  • Separated in 2009 after 20 year relationship – 3.5 years before hearing

  • 3 children – 17, 14 & 12.

PGS Superannuation

Contributions until Separation

  • Each of the husband and wife contributed diligently, and faithfully, albeit in slightly different ways

  • There is no evidence before the court that warrants a finding of greater contribution as the end of a long and productive relationship

  • There is an issue about assessment of contribution in the 3.5 years post separation – discussed next

PGS Superannuation

The Issues + How Many Pools

  • Most complex issue in this case is how the wife’s pension should be considered within the section 79 adjustment process.

  • Also section 75(2) considerations

  • What approach for the section 79 –process??

  • Husband contends for a global approach – a single pool

  • Wife – 3 pools. Non-super assets, wife’s pension & the remaining super assets with assessment of contribution & future needs differentiated for each pool

PGS Superannuation

Orders Sought

  • Wife – husband to pay her $50,000

  • Husband – wife to pay him $257,244

  • Common ground

  • Each to retain one property + assoc mortgage

  • Each to retain their respective superannuation

  • Neither sought orders for super to be split

  • Polarity – direct results of how the wife’s pension is to be treated

PGS Superannuation

Applicable Law

  • Preferred approach Hickey & Hickey

  • 4 interrelated steps

    • Identify property & financial resources

    • Identify contributions

    • Identify other factors under s.79(4)(d) inc s.75(2) and determine any adjustment to step 2, and

    • Consider whether above is just and equitable

  • Acknowledged that the High Court’s recent decision in Stanford v Stanford (14 November 2012) [2012] HCA 52 may signal a departure from the approach described above. To the extent that this may be the case it has no bearing on the outcome of this case.

PGS Superannuation

Applicable Law - cont

  • Global or asset by asset approach to contributions?

  • Authority is the High Court’s decision in Norbis v

  • Norbis [1986] HCA 17; (1986) 161 CLR 51

  • Either is available – in part or in whole

  • Discretion should be exercised having regard to the facts

  • In relation to add-backs, the applicable law can be found in decisions such as the Full Court's

  • Decision in AJO v GRO [2005] FamCA 195; (2005) FLC 93-218 - three clear categories of cases have emerged where it is appropriate to notionally add assets that no longer exist. After discussion, no add backs allowed

  • “The parties have already separated. It is just and equitable to alter the parties’ interests: s.79(2); Stanford (op. cit.)”

PGS Superannuation

Assessment of Contributions – excluding wife’s pension

  • Up to date of separation, assessed to be equal

  • Wife contends greater contribution due to parenting post separation.

  • By declining to make the add-backs contended on the husband’s behalf, the effect was to equalise financial burdens in the post-separation period.

PGS Superannuation

Contribution – the wife’s pension

  • 2 competing expert witnesses – both giving competing evidence in favour of their client

  • Wife – contends separate pool and contributions should be assessed in her favour at 82%

  • Husband contends – global and equal contributions

  • Weight of authority favours separate pool approach, particularly when the benefit cannot be commuted to a lump sum

  • Real issue for wife’s pension is how to assess contributions to it.

PGS Superannuation

The wife’s pension

  • Periodical, indexed, and only became payable because wife was hurt on duty

  • Designed to replace lost income and is not compensatory in nature

  • Continues until death

  • Experts – whether is was possible to break down the pension into components to facilitate a contributions based assessment

  • That part that is not lost income could be viewed as a contribution by the husband

  • Experts – not directly helpful. Indirectly, however, their evidence confirms that in reality the wife’s pension does have some component to it that is not exclusively referable to her injury.

PGS Superannuation

Assessing the husband’s contribution to the pension is more art than science.

  • A fact conceded by the wife who submits his contribution should be assessed at 18 per cent.

  • Other cases might provide some guidance, but ultimately each case is different, and thus different judicial approaches might be warranted:

  • In T & T [2006] FamCA 207 the non-beneficiary spouse was awarded 15 per cent. In Schmidt & Schmidt [2009] FamCA 1386 (2 April 2009), it was 10 per cent. In Wheeldon & Wheeldon [2011] FamCA 40 it was 15 per cent, Treloar & Treloar (No 2) [2007] FamCA 1127, 15 per cent, and in Hayton & Bendle [2010] FamCA 592 it was also 15 per cent.

PGS Superannuation

Compensation= no contribution

  • “Once it is accepted that a sizeable component of the value of the pension merely compensates the wife for the income she is no longer earning, there can be no logical basis for claiming to have contributed to this.” para55

  • “If the husband’s case is that he did make significant contribution to the compensation component of the wife’s pension, it is a poorly articulated case. The court accepts, however, that over a long marriage he did make a contribution to what Mr S described as the retirement component.” para56

  • “Doing the best the court can do under the circumstances, the court would have in fact assessed the husband’s contribution to the wife’s pension at 15 per cent. As the wife herself proposes 18 per cent, a figure which is well within the reasonable range..”.

PGS Superannuation

Section 75(2) considerations

  • Court accepts 3 pools – 2 super + non-super

  • 82%, 37% (husband’s super would have accepted higher but that is what wife contends) and 50%

  • S 75(2) considerations

  • Husband double the income, wife’s care of the children 12, 14 & 17

  • Acknowledged potential for double counting between s79 and s75(2). Excluded super from s75(2)

  • 10% adjustment on non-super pool. Result 60% to wife.

PGS Superannuation

Just and Equitable

  • “If orders are made to reflect the above, would this be just and equitable? The answer is that it is as just and equitable as the circumstances permit.

  • Both parties end up with homes that are encumbered by manageable mortgages, especially if the husband uses the payment to him to reduce his mortgage. Both have an income: for the wife it is for life, for the husband it is till retirement at which time his superannuation will be available to him.

  • The particular challenge of dealing equitably with the wife’s police pension is also dealt with adequately.”

PGS Superannuation

Doran and Doran Family Court

  • Delivered 6 Dec 2012, judgment of Fowler J

  • Duffin & Duffin pseudonym but not yet published

  • Husband ex NSW police, hurt on duty pension since 2000, suffering PSTD

  • His FLV $1,046,350. Her super negligible. Other assets $2m

  • One child age 22 self supporting

  • One independent expert – 3 paras (63, 64 &65) – description only – no analysis

  • Husband contends zero value for his super.

PGS Superannuation

Doran & Doran - continued

  • Section 79(4) contributions – para 84 & 85

    • “It is the view of the Court that the pension until age of commutation is an amount designed to replace income which would normally have been earned by a Police Office but which by reasons of the consequences of the injury are no longer available to him”

    • “It is in effect significant part compensation for loss of income and, to the extent that it represent lost income, there is no reason why it should not be treated to that extent as earned income.”

  • Dismissed pain and suffering as no case was presented to the Court– para 86

PGS Superannuation

Doran & Doran - outcome

  • Conclusions based on contributions – 58:42 in favour of the wife

  • S 75(2) considerations – mainly gambling and unexplained withdrawals. Outcome – 7% in wife’s favour

  • Wife to receive 65% of real assets and 35% to husband

  • Super – each party has capacity to work earning equal amounts. Adjustment to account for pre-marriage super + ...”the wife and her contributions to it have been indirect.”

  • 40% to wife, 60% to husband.

  • Just and equitable – just stated.

PGS Superannuation

  • Must provide evidence

  • Need to argue the form, nature and character of the pension

  • Should not assume that receipt of invalidity pension is sufficient to provide compensation for sickness. Health and capacity to still needs to be argued.

  • Single independent expert did not provide any arguments and may not be appropriate for such cases

PGS Superannuation

What Information Source Should the Practitioner Use?

  • Most relevant information has to be requested

    • From trustees

    • From member

  • Is the pension reviewable?

  • What are the reasons for granting the invalidity pensions

    • range of incapacity a signal

  • Medical reports great value

    • will address the likelihood of improvements

PGS Superannuation

Options to Quantify the Amount of Compensation

  • Compare the FLV before the invalidity event (it would then be in the growth phase) with the FLV of the invalidity pension,

    • This excludes from the FLV of the invalidity pension the prospective years of service

    • What would be shared is the superannuation earned up to the invalidity event

  • Calculate the component of the pension that would be payable after retirement age

PGS Superannuation

What Info Would be Useful to the Courts

  • Crawford & Crawford

  • Mr B (for the wife, the super invalidity member) – divided the FLV into pre 65 and post 65 values – 76% compo

  • Mr S – FLV just before Compo event with FLV just after - & using normal retirement age of 55 & 60 – 40% to 60% compo

  • Doran & Doran

  • No competing evidence

  • No analysis

PGS Superannuation

Case Listed for 11 Dec in Newcastle

  • Mr S (for husband – the invalid)

    • FLV before invalidity with just after invalidity

    • Apportion FLV to retirement age and after retirement age

  • Mr G

    • Above division depends on whether the pension payment is replaced by employment income

    • If so, whole of pension is superannuation

    • If not, pension after retirement age is normal super

  • Above shows the importance of “normal” retirement age

PGS Superannuation

Is it Appropriate to Quantify NMS Contribution to the Invalidity Pension?

  • Skinner is of the view that it may be of assistance to the Court for him to provide his opinion on the value of the Wife’s contribution towards the Husband’s Police Super interest. Skinner has included a summary of his opinion on this matter at section 3.0 of this joint statement. Mr G. is of the view that the value of the Wife’s contribution is a matter for the Court to determine.

PGS Superannuation

  • Invalidity pensions require special consideration

  • Substantive arguments supported by logical quantification will materially assist

  • Expect the matter to be considered further by the Courts in the future

  • END

PGS Superannuation

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Sony declares death to clamshell packaging

Posted in Sony by Conner Flynn on December 21st, 2008

We’ve all had our encounters with clamshell packaging, so it’s nice to hear about manufacturers that abandon the practice. Sony did just that this week, even though this video is pretty lame. Sony is just one of several big name companies that have pledged an end to this wasteful, destructive packaging.

As we reported last month, Amazon took a stand of their own. Other companies are getting on board too, like Microsoft and Best Buy. Once they start saving money on packaging, maybe Sony can make a better video, or give their workers a raise, but in reality it will likely go straight into the hands of the guys at the top. Then they can feel all good about themselves when they too ask for a bailout. To help the little guy of course.

No more crap packaging is however, a worthy endeavor.

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Women's and Gender Studies aspires to examine women's experiences - their bodies, psychology, history, ways of thinking, and styles of communication and leadership. We offer engaging courses that develop out of multicultural perspectives to enable students to become more reflective about their own lives and the lives of those around them.

The department works to enhance communication between people of all genders and to prepare students for careers in healthcare, education, business, publishing, journalism, law, social services, public government service, and the arts.

More and more employers are now looking for job candidates who have thought deeply about issues of gender and discrimination and who exhibit strong critical thinking skills. A degree in Women's and Gender Studies can be a huge asset when applying for a job or internship!

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When Bad Ads Happen to Good People

By SmallBusinessComputing Staff | Posted June 17, 2002
By Rob Graham

When not hard at work crafting well-reasoned articles on how online advertising will make the world a better place to live (it could happen!), I teach college students how to use and understand interactive production and online tools.

One class, An Introduction to Ecommerce, covers the fundamentals of creating effective online stores. Of the various issues I discuss with the students, one is the need for successful online advertising approaches.

As I sat down to grade midterm exams, I was surprised several students wrote comments regarding how much they hated pop-up ads on Web sites. It was surprising because nowhere in the exam did I ask an opinion on any type of ad. Yet, I was reading bile and vitriol-filled comments not exactly singing the praises of this ad format. Didn't they get it? Didn't these people read pop-up ads where the most effective ad format since... since... the early days of click-through banners?

A report last year from Statistical Research, Inc. (SRI) said pop-up ads were 50 percent more likely to be noticed than banners. It also noted they are 100 percent more likely to be considered intrusive.

Nearly half (49 percent) of active Internet users polled "agreed strongly" pop-up ads get noticed (versus 33 percent for banner ads); but 62 percent also felt strongly that pop-ups interfere with the use of the Web (31 percent for banners).

Hatred of pop-up or interstitial ads has generated a wide range of products designed to eliminate them. Some advertisers have devised fairly sleazy ways of getting consumers to unknowingly install pop-up ads that appear periodically on their hard drives.

For advertisers, does the advantage of being seen counter the disadvantage of being despised? If the average surfer would rather eat a rat than buy an X10 camera, has the campaign been successful? The paradoxical marketing effect is a real one some advertisers might wisely consider. Just because you got 1 million people to see your ad doesn't mean you'll sell enough product to justify the fact most of them want to see your head on a pike!

The abuse of pop-ups has lead to consumer behavior that includes reflexively closing the ad window before it can even be glanced at. Does this count as an effective impression?

I'll go out on a limb here and say pop-up and pop-under advertising will eventually find its place in online advertising history. What comes next?

The reality of online marketing is when we get offers for products we don't want, it clutters up our lives. To make online adverting more effective, new ad models that brand, provide the consumer with relevant information, entertain, or provide something in exchange for time spent with the ad need to be able to do so without constantly punishing the customer for being online.

For years, AOL has successfully incorporated a format that may find widespread use and new life on other parts of the Web. I call it the "gatekeeper" ad. Its general function is to place itself between the user and something the user wants access to. Yes, it can interrupt the flow of information and be considered an annoyance, but consider the TV ad model. We may not like TV ads, but we recognize that without them the programs being interrupted wouldn't be there in the first place (TiVo excepted). TV spots are a necessary evil, and one we've grown accustomed to. Overall, we see how the ad benefits us. We rarely swear at the set. Sometimes, we use the break to check how much ice cream is left in the freezer.

Gatekeeper ads can remind users advertising is a necessary part of the transaction. "You help us, we'll give you access." The result is bills get paid, users get access to content they want, and the advertiser gets a 100 percent interaction rate. It beats having to buy an annual subscription to a site to access it.

Another format following a similar model is used on sites like Pogo. Pogo is a gaming site and is a great place to meet people, maybe win a little money, and find somebody to play Hearts or Backgammon with any time of the day.

When a player enters a game room, he first must wait 15 seconds for an ad to clear. No biggie. It's a time to either twiddle your thumbs or look at the ad. When the ad has timed out, the player can start beating on total strangers. From time to time during play, an intermission occurs (with more ad content). It's over in 30 seconds. There's no hue and cry surrounding the practice. Players understand the exchange is necessary. Not a bad trade, overall.

Let's not kid ourselves. Advertising in any form won't please the masses. If it can offer a fair exchange for the time it costs the consumer, it just might gain acceptance.

Rob Graham is a freelance interactive advertising consultant and developer and was formerly the Director of Production Services at Enliven Inc., where he focused on effective online marketing and advertising through the use of rich media. Rob has been producing multimedia projects for over a decade and has been a sought-after speaker for many new media and advertising forums. He is now working on the definitive guide to rich media advertising and expects to have completed it before the end of the year.

Reprinted from Click-Z.com.

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The Wedding

Congratulations to Eric Cheah and Janice Loke. You two can now give me angpao since chinese new year is near 😛

As cliche as it can be… when there’s a wedding, there will be roses. how cum? sunflower cannot?

So sad… the couple didnt get to eat cos had to walk around to entertain their guests. lol

Looks good. anyone likes these things?

Some old skool steamers.

10% of the people who attended the wedding and also the buffet lunch.

Im gonna paint my room this saturday.

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You Dont Need To Wait For A Grey Sky Morning To Have Coffee Here

So backtrack a little. Actually not a little cos my posts are all from my pending photos taken months ago lol. Anyway this is not time based so you can assume that this happened yesterday lol.

Came to GreySkyMorning for coffee one day with 2 of my buddies.

It’s one of the better looking cafes in town with lots and lots of natural lighting. Anything looks good in photos here.

Including us.

Usually people would sit on the top floor.

They don’t have food though, just pastries and coffee.

GreySkyMorning is just behind Sunway Pyramid, at City Harvest Church.

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The Queensland premier plans to strip surrogacy rights from gay couples to satisfy right-wing elements of his party, civil libertarians say.

Campbell Newman's government will exclude gay couples, singles and heterosexual de facto couples in new relationships from laws that allow altruistic surrogacy.

The move goes against Mr Newman's pre-election statement that he would not be changing surrogacy laws.

Attorney-General Jarrod Bleijie announced the plan Thursday night, as parliament passed amendments to water down the former Labor government's same-sex civil unions laws.

At the end of debate on those amendments, which sparked angry protests from gay rights campaigners, Mr Bleijie said changes to the Surrogacy Act were next.

"We will be repealing the provisions in the Surrogacy Act that deal with same sex couples, de factos of less than two years and singles," he told parliament.

Queensland Council of Civil Liberties president Michael Cope said the Newman government seemed content to violate the principle of equal treatment regardless of sexuality.

"We are concerned the government is kowtowing at this early stage to the more right wing elements of the LNP," he told AAP.

"This raises concerns about what they're going to do to rights in the future."

Mr Newman has told the Brisbane Times the surrogacy changes should come as no surprise, citing comments LNP members made during the original parliamentary debate when altruistic surrogacy was legalised in 2010.

During that debate, the LNP's member for Condamine Ray Hopper worried the bill would see same-sex parents using babies like "pets" to gain popularity, and lead to confusion at public toilets.

And then opposition leader John-Paul Langbroek, who is now Mr Newman's education minister, argued Labor's laws were a "step in the direction towards social engineering".

Cameron Dick, who served as attorney-general in the ousted Labor government, said the Newman government's changes would re-criminalise surrogacy and continue the marginalisation of the gay community.

"We're going back to the past and I just don't think that speaks of human relationships in the 21st century," he told ABC radio.

He said Mr Newman "cannot stand (up) to that conservative right wing in his party which says we want a society where ... you can't be gay, you can't be black ..."

The Australian Christian Lobby has welcomed the amendments to same-sex unions, and the plan to stop single and same-sex couples from "acquiring babies" through surrogacy.

"This is the right thing and is in the best interest of the child, something the state is bound to uphold under the UN Convention on the rights of the child," ACL Queensland director Wendy Francis said in a statement on Friday.

But the Queensland Council of Civil Liberties said there was no evidence that showed same-sex couples weren't good parents.

"With heterosexual couples, if they aren't raising children properly we take them off them, well the same principle should apply to same-sex couples," he said.

The Surrogacy Act was passed by a Labor government in February 2010.

The act decriminalised altruistic surrogacy - where a woman agrees to bear a child for another for no financial gain - but surrogacy for commercial gain remains a crime.


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MasterChef recap: Goodbye to a complex dish

Even the judges get a little teary as a MasterChef favourite is eliminated from the competition.

Last night Samira had the dubious honour of having both the best and worst dishes of the night. Her prawns were so raw the judges couldn't even try them. But her best dish gives her a soon-to-be-disclosed advantage tonight.

It's Rishi's 10th elimination, so he's feeling nervous. Duh. The judges, too, take turns playing the role of Captain Obvious. “Put up great food, you'll survive, if you don't do that, you'll go home," offers George. Thankfully, tonight's twist is a little more interesting than what we've seen to date.

Four of Australia's “hottest chefs” – Matt Germanchis from Pei Modern, Ryan Flaherty from Estelle, Jason Jones from B'Stilla and Matt Stone from Perth's Greenhouse Café are here to mentor our contestants. “They're my rock stars, right there – who needs Mick Jagger?!” says Emma.

Matt Stone who runs a café is paired up with Christina who wants to run a café. She promptly bursts into tears, which surprises no one. Emma gets partnered up with Matt Germanchis, Lynton's “fine dining dream” is apparently a good match for Ryan Flaherty, and Adam d'Sylva of funky new Indian eatery Tonka is paired up with Rishi.

Christina hugs Matt, overcome with excitement. The others, including Samira, shake hands with their mentors. One gets the impression Samira is less enamoured than the rest with her match – she probably hasn't even heard of Jason Jones. S'alright love, neither have we.

They have 90 minutes to cook the dishes, inclusive of 15 minutes spent with their mentor prior to the prep. Samira's advantage is an extra five minutes consultation with Jason at a time of her choice during the cooking. Wow.

Jason encourages Samira to go for the spatchcock, a meat I feel we've seen her cook with 85 thousand times this season.

Lynton's doing some sort of sous vide lamb rack with celeriac puree and granola. Ryan instructs him to finish 15 minutes before everyone else and eat his own dish first to ensure it tastes right. Lynton looks as if he's positively shitting himself.

Christina too, is clearly nervous. She's worked with Matt Stone at Greenhouse earlier this season, where she didn't perform well. She's hoping she can impress him today.

By her own estimation, Emma's food is similar to Matt G's food. “He's my hero,” she says.

Christina's doing a cauliflower soup with seared scallops, which seems pretty basic, frankly. One wonders if her mentor is at the same level as the other chefs.

Emma's doing John Dory with fennel and leek in an olive brine.

She's never filleted Dory before, but after a little instruction from Matt, is handling it like a pro. The chefs watching from above give her an encouraging thumbs up.

“You guys are so nice,” she says.

Inspecting Lynton's dish, George comments that Ryan's influenced him slightly. We're not sure how.

“It looks amazing,” says Gary. It's a rare case in which Gary does not try to instil the fear of God into our chefs as they cook.

Samira's soft roasted spatchcock is going to be stuffed with cous cous, pistachio, and dates. I'd really like to see Samira try something other than Middle Eastern cuisine for a change.

Matt S admits that Christina's dish is probably the simplest of the lot, but hopes it can be equally as delicious as the others.

She asks Matt if he can catch, and throws him up a seared scallop. He does so and rolls his eyes appreciatively. This is about as exciting as it gets, sorry guys.

Rishi says that he cannot go home today. If I had a dollar for every time a contestant said that, I'd pay the judges out so as not to have to endure MasterChef next year.

Samira, meanwhile, is panicking – she's turned the oven on so that it cooks from the bottom (such a thing must be possible with these fancy MasterChef ovens).

The spatchcock is raw in the middle. She summons Jason for his bonus five minutes, during which time he tastes her duck crackling -- not too salty – and tells her not to overplate her dish. She's surprised he knows she has a habit of doing that. Jason Jones clearly knows a lot more about Samira than Samira knows about Jason Jones.

As instructed by Ryan, Lynton finishes his dish 15 minutes ahead of time up and starts tucking into his own serve.

In the process, he forgets that he needed to take the other serve of lamb out of the sous vide, you know, the one HE HAS TO SERVE TO THE ALL-IMPORTANT JUDGES. Onya Ryan. In making Lynton try his own dish he's buggered up the one that counted.

Emma's worried that her fish isn't cooked properly, but it looks pretty good from here.

Rishi tests his spatchcock (there it is again) which is, as always, cooked perfectly. He smiles that smug smile that makes you want to slap him with a raw spatchcock.

But it's shortlived – as he begins to plate up, mentor Adam has his head in his hands watching from above. “What are you doing?!” he calls out. It's too late. Time's up. Rishi's dish, for perhaps the first time ever, is the worst presented of the lot, a mass of colourful clumps and lumps all mixed in together. Even Rishi concedes. “It just looks horrible.”

Christina worries that her dish isn't as complex as the others, but is quite happy with the look of it. “Far out, it's a beautiful dish, “she says.

Like Rishi, Lynton's in trouble. The lamb, not given ample resting time, has oozed blood onto the celeriac puree. It's a bloody mess, or, as he puts it, an “absolute disaster.”

It's tasting time.

Samira's stuffed roast spatchcock with carrot puree and roast duck chips (I think that's what they were) are met with groans of approval. “Yummmm,” says George, eyes goggling.

Emma's buttered John Dory with brine-poached leek and fennel is similarly well-received. Her mentor, Matt G, says he's “blown away” and there are nods of appreciation all around.

Lynton strolls in with his lamb rack, which looks a bit gross, to be honest. The celeriac puree has been sullied with a ripple of blood. It also looks like he's forgotten to wipe the splashed juices off the plate.

There are no immediate groans of pleasure but Gary says he loves it. “It's lovely, very clean.”

Rishi's spatchcock is the second disappointment, and Rishi knows it.

“Gary can't even look at me anymore,” he laments.

“This is it, this is the end of the journey for me.”

But the execution of each individual ingredient is perfect, argues Adam.

“Can the flavours overcome the appearance?” asks Matt.

The appearance of Christina's dish is bang-on, but Matt Preston looks sceptical. He quizzes Christina on her technique – which involved blending, frying, cutting, and other pretty basic non MasterCheffy things – and asks if they're likely to find any surprises in her dish – he's hoping so.

But there are none. Matt doesn't look impressed. Mentor Matt Stone can't feel too great either about the judges turning their nose up at his dish.

Gary's not disappointed, he thinks the presentation is bang on. But Preston's not convinced. He says it's lacking in complexity and reckons there's too much of the puree.

It's decision time.

The contestants farewell their mentors awkwardly.

Samira wins dish of the day.

“Every time you cook, it's step after a step to another great dish,” says Matt.

Emma, too is praised for her “huge leap forward” tonight. Matt calls it “three hat cooking, amazing stuff.”

And so the bottom three are left. In spite of the whole blood thing, Lynton's dish had complexity and intricate flavours; for this it is saved.

Rishi and Christina remain – surely Rishi has never come this close to the end before? Still he smiles, infuriatingly, even when Matt tells him his dish looked pretty dreadful.

Christina is praised for her beautifully cooked scallops but her dish lacked the complexity and flavours of Rishi's. For this, she's going home.

There are, predictably tears, most of them Christina's.

“It's ok, I get to see my babies,” she says, in between sobs.

George makes a speech and the little man is clearly close to tears himself.

“You light up our lives, you makes us smile,” he says.

At this point Christina's crying so hard she's actually doubled over and it's almost as painful to watch.

“The three of you have changed my life forever,” she spits out, looking as if she might collapse.

“You can call us anytime,” says Gary, giving her a hug. Gary is by far the most genuine, normal, and down-to-earth judge.

George is close to blubbering himself. And even gruff old Matt looks touched. He gives Christina his cravat. Is this a first?!

“Now the judges will have to come judge my food at my café,” says Christina.

She doesn't want judgement though, “just a tip”.

Tomorrow night, The Atlantic's Donovan Cooke looks like he's up to some Gordon Ramsay-esque antics as the remaining four get a spraying in his kitchen. Now that's something to look forward to.


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Seven splashes out on 2013 line-up to stay the course

The Seven Network has thrown down the gauntlet to its commercial rivals, unveiling a 2013 program lineup it claims is unmatched for "year-round consistency and depth".

But with Nine perched on the brink of collapse and locked in negotiations with its lenders, and Ten delivering its worst performance in memory, neither is in a strong position to challenge Seven on that point.

Seven's 2013 schedule includes the reality series Celebrity Splash – already nicknamed Diving with the Stars – a new renovation series, House Rules, and a new Australian drama, A Place to Call Home.

House Rules is based on Seven's established My Kitchen Rules format and involves surrendering your home to other contestants so they can renovate it.

A Place to Call Home comes from Bevan Lee, the creator of Packed to the Rafters, and is set in rural Australia in the 1950s. It stars Marta Dusseldorp, Brett Climo, Noni Hazlehurst and Frankie J. Holden.

Seven has also acquired three key US series, all of which star Australian actors in leading roles.

Red Widow stars Radha Mitchell as a housewife whose husband was killed because of his mafia connections, and who must continue to work with the mob to protect her family.

It also stars former All Saints star Wil Traval.

The second series, Last Resort, is set on board a US submarine which defies an instruction to launch its nuclear missiles and goes on the run.

It stars three Australian actors, Daisy Betts (Sea Patrol), Dichen Lachman (Neighbours) and Daniel Lissing (Crownies).

The third, Zero Hour, is a mystery series that stars Anthony Edwards (ER) as an amateur investigator. Brisbane-born actress Jacinda Barrett plays his wife.

Seven's chief executive, Tim Worner, said 2013 would be the seventh consecutive year that Seven was Australia's "favourite" network.

"We don't front-load, we don't back-fill, we don't program in bursts, we don't rely on one or two shows to give us eight or 10 weeks of outperformance," he said.

"We aim to be consistent throughout the year."

Mr Worner also emphasised that Seven would go into 2013 as "the leader" in breakfast television, morning television, nightly news and public affairs.

He said Seven was also leading in primetime and across the 6am-midnight broadcast day.

Those claims would most likely be disputed by Nine, which has already claimed "the year" in news and current affairs based on weekly wins, not cumulative nightly ratings.

Neither, in fact, had much to crow about this week.

The ABC's Monday night news bulletin overtook both Seven and Nine with 1.1 million viewers nationally. Seven and Nine's news services drew 1.08 million and 1.04 million respectively.

Seven also announced a new series of the reality show The Mole, titled The Mole: Culture Clash, and a miniseries, Mrs Biggs, to be co-produced by Seven, ITV Studios and December Films.

Seven has also acquired the British drama Mr Selfridge, which stars Jeremy Piven (Entourage) as the American retailer who founded the Selfridge's store. It co-stars Australian actor Frances O'Connor as Harry Selfridge's wife, Rose.


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Keylogger back with a vengeance

By Sam Varghese
August 17, 2005

A new variant of a keylogger, Codbot.X, has been sighted by an IT consultant who says it is virtually impossible to dislodge the malware from his PC.

Lawrence McLean, of Canberra, said he noticed the trojan two weeks ago and had since tried everything he knew to get rid of it.

A keylogger resides on a PC and records keystrokes, in some cases encrypting them. It transmits the encrypted file to the person who controls the program.

McLean said the trojan established connections to an exterior host, which appeared to be one at the US provider, Pacbell.

He said he had used anti-virus software from Kaspersky and AVG, and an adware filter from PCSafe.

"The adware filter can identify it (the keylogger) and, as it turns out, partially remove it. The problem is that it leaves a client component on my PC that re-establishes itself with its host. What that component is, I have no idea," he said.

Many forms of malware write entries to the Windows registry when they get installed. If the malware itself is deleted, the entries regenerate it whenever the machine is restarted.

McLean said he had found some information on the internet about the trojan and this mentioned a file named "keyboard.exe" as a component.

He suspects that the file in which the keystrokes are logged may have the name BITF.tmp.

The trojan processes run under the name svchost, and this makes it impossible to delete, as there is a legitimate Windows process of this name.

McLean said he could not afford to buy any of the commercial anti-virus programs as he was running Windows Server 2003 on his PC. "The cost of an A-V package from Symantec or CA runs into the thousands, because I have to buy a version that runs on Server 2003, which is considered a business version of Windows," he said.

Versions of these A-V packages, which run on XP and can be bought for a few hundred dollars, do not run on Server 2003.

Computer Associates anti-virus researcher Jakub Kaminski said Codbot.X variants could belong to the worm family known as Win32.Toxbot.

"Actually, the Toxbot.X variant does use "keyboard.exe". It copies itself as "keyboard.exe" to the System folder (typically C:\Windows\System32 on WinXP systems) and registers itself as a service," he said. "If it's running, the service has to be stopped before the file can be deleted."

Kaminski said Toxbot worms may spread by several methods. "Each spreading method begins with a scan for target machines. The worm can generate random values for all or part of each IP address it targets," he said.

McLean said he would try a few more ideas before resigning himself to the fact that he would have to reformat his machine to get rid of the trojan. "I've informed Microsoft and a number of anti-virus companies about this but, apart from some automated replies, the response has been zero," he said.

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text:
Fears for mystery Summer Hill pets after carer suffers stroke, loses memory

Grave concerns are held for a pet cat and dog which may have been without food and water for up to eight days after their carer suffered a stroke and was taken to hospital, unable to remember where the animals live.

Volunteers will door knock streets in Summer Hill in Sydney's inner west on Monday searching for the cat and dog.

The alarm was raised about their welfare when their pet sitter, known as Tim, suffered a stroke on Boxing Day and was taken to hospital.

He told his son Sean he was minding pets for a Summer Hill couple in their 50s who were planning to spend two weeks on the NSW south coast but he was unable to remember their address.

A search of Tim's phone and personal papers has not yielded any clues as to the location of the animals, believed to be a cat and a dog.

A note was found on the man's fridge which read "see pets" but had no further details.

Local vets have been alerted and volunteers have established a Facebook group to co-ordinate a door knock of the area and surrounding suburbs.

SUMMER HILL OR SURROUNDS - URGENTPlease share. A family has gone on holidays leaving their pets to be looked after by...

Posted by The Mini Kitty Commune on  Saturday, January 2, 2016

Information about the animals has been shared more than 300,000 times on social media.

The hunt for the animals' owners has spread to the NSW south coast where they are believed to be staying.

NSW Police have also been informed of the animals' plight and are assisting the search for the owners.


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Five vie for final three playoff spots
by Ridge Mahoney, October 20th, 2008 7AM
Subscribe to Soccer America Daily

TAGS:  mls

[MLS] Three playoff spots remain up for grabs as MLS enters its final week of play. Five teams -- Kansas City, New York, D.C. United, Real Salt Lake and Colorado - vie to join Columbus, Chicago, New England, Houston and Chivas USA in postseason play. Soccer America's Ridge Mahoney explains the scenario.

Seven games remain in the MLS season: three have no bearing on the playoff race, three do, and the very last game on the last day might be relevant, or it might not, depending on results preceding it.

Three Eastern Conference teams are vying for two wild-card spots, and with several head-to-head series - the first tiebreaker in case teams are even on points - having finished all square, goal difference could decide who gets in and who doesn't.

Crucial wins by Kansas City, New York, Colorado, D.C. United and Real Salt Lake last week kept those five teams squarely in the hunt and eliminated four others, including Toronto FC, which beat Chicago, 3-2, Saturday afternoon, yet by that evening had been knocked out.

Also out of contention are Los Angeles, San Jose and FC Dallas.

In order the playoff-relevant matches are:

Chicago-New York (Thursday)
New England-Kansas City (Saturday, 7:30 p.m. ET)
Colorado-Real Salt Lake (Saturday, 9:30 p.m.)
Columbus-D.C. United (Sunday, 5 p.m.).

See how the tension builds and builds? The system is far from perfect, but it makes for a smashing final weekend. Both wild-card teams will come from the Eastern Conference as was the case last year when slots were guaranteed to only the top two teams in each conference, rather than the top three.

Toronto at San Jose is a last-place battle of English coaches.

Houston at Chivas USA could be a Western Conference final preview, albeit in the wrong venue, and FC Dallas at Los Angeles is the Scapegoat Cup.

Here's the rundown on the final five, listed in order of points and/or priority, and the head-to-head tiebreaker, or by goal difference, if applicable. Note that all but the Rapids play on the road, where teams have won only 22.6 percent of games this season.

6. Real Salt Lake, 39 points (Western Conference #3). @ Colorado.
7. Kansas City, 39 points (wins tiebreaker vs. NY). @ New England.
8. New York, 39 points (minus-3). @ Chicago
9. D.C. United, 37 points (minus-7). @ Columbus
10. Colorado, 37 points. Real Salt Lake.
The third tiebreaker is total goals, but let's not go there just yet.

Real Salt Lake at Colorado (good scheduling!) is a knockout game, as the only slot available is the Western Conference third-place finisher. RSL loses tiebreakers head-to-head with Eastern teams New York and Kansas City and is eliminated if all three teams lose.

It's a classic soccer scenario by which the visitor can benefit with a tie, but the home team must win, period. They've split their two meetings this season, of course, and each scored two goals and conceded two. It could be the advantage of playing two of three games against RSL at home that edges the Rapids into the playoffs.

Bottom line: If the Rapids win, they finish third, and RSL is out. RSL needs only a tie to qualify.

If New York and Kansas City both lose or tie, Kansas City holds the edge by having won the season series with a win and a tie in their two meetings. New York can put pressure on the Wizards by winning, or even tying, the Fire on Thursday; Kansas City faces the Revs Saturday.

Bottom line: New York and Kansas City qualify by winning. If both teams win, D.C. is eliminated.

D.C. United must not only win in Columbus Sunday, it needs either New York or Kansas City not to win, and even then could face long odds. Of the remaining contenders, D.C. has by far the worst goal difference (KC is minus-4), so it would need to thump the Crew by several goals if it finishes tied with Kansas City and/or New York with 40 points.

Bottom line: If either the Red Bulls or Wizards lose, D.C. gets in with a win. If one team ties and the other wins, or both tie, D.C. needs a big win to qualify on goal difference.

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text:
Personal Antispy

License: Free to try
Downloads: 1156
Op. System: WinXP, WinVista, Win7 x32, Windows2000, Windows2003, Windows Vista Ultimate, Windows Vista Starter, Windows Vista Home Basic, Windows Vista Home Premium, Windows Vista Business, Windows Vista Enterprise
Last updated: 02-12-2013
File size: 539 KB
Publisher: BlazingTools Software
Related software:

Editor's review Personal Antispy

Personal Antispy program icon

You should not wait until you have reason to believe that someone is spying on you in order to protect your privacy. This is why you should use Personal Antispy in order to ensure that no unauthorized activity takes place on your computer. This program will scan your computer and remove any kind or monitoring software, including keyloggers and trojans. After scanning your system, the program will display to you the list of discovered spy software. The program is designed to detect software behavior in order to detect even those spying applications that have not yet been identified, thus giving you more protection.

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Broken Arrow (1950)
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Broken Arrow 1950

Broken Arrow: By 1870, there has been 10 years of cruel war between settlers and Cochises Apaches. Ex-soldier Tom Jeffords saves the life of an Apache boy and starts to wonder if Indians are human, after all; soon, he determines to use this chance to make himself an ambassador. Against all odds, his solitary mission into Cochises stronghold opens a dialogue. Opportunely, the president sends General Howard with orders to conclude peace. But even with Jeffords luck, the deep grievance and hatred on both sides make tragic failure all too likely...

Solar rating:6 /10

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Free magnet auditSollau_serviceman.jpg

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  • checks the function of the magnetic separator (if the tramp metal is effectively trapped)
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Electric Shaver

Posted by: Author: Age: 18 Posted on: 0 comments
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I absolutely love this site! I'm so glad I found it. I have a little technique that I've used since I was 15. I use an electric shaver. One of those big ones. Put it on top of your pussy and open your pussy lips and turn it on. It vibrates so hard. It is kind of loud but if you get it in the right spot you will EXPLODE.

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March, 2012

SOMC Sports Motion announces All Sport Combine for local athletes

SOMC Sports Motion is offering an All Sport Combine for local athletes on May 12 at Valley High School. The event, which is open to athletes of any sport entering grades 9 through 12 as well as graduating seniors, includes several classic combine drills. Registration costs $15 and must becompleted by May 1.

Competitions include the 40-yard dash, 3-cone drill, 20-yard shuttle, vertical jump, broad jump, bench press and squats. Following the competition, individual event as well as ‘all school’ champions will be named.

“We’re very excited about this event because it gives our athletes another opportunity to compete and improve their skills,” Brett Lacy, Community Relations Coordinator for SOMC’s Outpatient Rehab, said. “We have tremendous athletes in southern Ohio and northern Kentucky. Not only does this give them a chance to work on their abilities, it’s also another opportunity for some friendly competition between the athletes and their schools.”

Athletes are asked to wear t-shirts, gym shorts and flat sole tennis shoes to the event. For certain events, cleats may also be worn. Official results will be mailed to the athletes’ home after the event. The public is also encouraged to attend and cheer on the athletes.

Registration forms will be made available at local high schools as well as the SOMC LIFE Center. Once completed, they should be mailed to:

High School Combine
1202 18th Street
Portsmouth, OH 45694

For additional information on SOMC Sports Motion’s All Sport Combine, please contact Brad Zieber at 740-356-7572 or Matt Wilson at 740-356-7650.

SOMC Earns HealthGrades Emergency Medicine Excellence Award

For the third year in a row, Emergency Services of Southern Ohio Medical Center have been recognized for their impressive achievements in patient care, once again earning the HealthGrades Emergency Medicine Excellence Award.

SOMC is one of only 263 hospitals nationwide to earn the prestigious award for 2012, which is determined through a study of patients admitted to the hospital from the emergency room for further medical treatment. The findings are based on an analysis of more than seven million Medicare patient records from 2008 to 2010.

“Receiving this award places us among the top 5 percent of emergency medical services in the nation and is quite a testament to the superior emergency care we are providing to the patients who enter SOMC,” Dr. Jason Cheatham, medical director for SOMC Emergency Services, said. “We have an outstanding team of physicians, nurses and staff members working to treat our patients with the highest quality care the minute they present to the ED and this award reflects that success.”

The HealthGrades Emergency Medicine in American Hospitals report focused on 12 of the most common and life-threatening medical emergencies, including bowel obstruction, chronic obstructive pulmonary disease, heart attack, heart failure, pneumonia, and stroke.

Other findings of the HealthGrades report stated that Medicare patients treated at hospitals recognized with a HealthGrades Emergency Medicine Excellence Award had, on average, a 41.52 percent lower risk of death compared to patients treated at non-recipient hospitals. If all hospitals performed at the level of the Emergency Medicine Excellence Award recipient hospitals, an additional 170,856 people could have potentially survived hospitalization from 2008-2010.

“Our findings show the care you receive once admitted to the hospital can also make the difference between life and death,” Dr. Arshad Rahim, report author and director of Accelerated Clinical Excellence at HealthGrades, said. “We encourage all patients to educate themselves about the quality of emergency medical providers in their area and to choose a top performing hospital whenever there is a choice.”

HealthGrades is the leading independent healthcare ratings organization, helping consumers make informed decisions about physicians and hospitals. For more information about the Emergency Services provided at SOMC, please visit them on the web at www.somc.org.

SOMC Recognizes Certified Nurses for Enhanced Patient Care

March 19 is annually celebrated around the country as Certified Nurses Day—a time to thank and recognize certified nurses for bringing an increased value and quality of work to their organization.

Southern Ohio Medical Center will use this day as an opportunity to honor the hospital’s 170 board certified nurses who provide excellent care to their patients every day.

“It is my pleasure to express gratitude for the proficiency and leadership our nurses demonstrate through achieving and maintaining national board certification in their specialty,” Chief Nursing Officer Claudia Burchett, vice president of SOMC Nursing Services, said. “Nurses represent one of the most critical and essential components of our modern healthcare system and we are very proud of their hard work, dedication and professionalism toward providing excellent patient care at SOMC.”

Certification, as defined by the American Board of Nursing Specialties, is the formal recognition of the knowledge, skills and experience demonstrated by achieving the standards identified to promote optimal health results in a nursing specialty.

Studies have even linked certification to the quality of patient care, stating that certified nurses earn enhanced credibility and can directly impact such important care-related issues as falls, pressure ulcers, and pain knowledge.

“When nurses acquire additional certification, it creates an environment of specialized competency that can’t always be achieved through other means, adding strength to a person’s nursing abilities and contribution toward patient care,” Valerie DeCamp, director of SOMC Inpatient Services, said. “This day gives us a chance to recognize and encourage nurses to pursue this step in their careers.”

“We realize that it takes personal dedication and persistence to achieve and maintain certification, and we value all of our certified employees for their commitment to excellence,” Burchett added. “Our hospital is very grateful for their continued efforts and strides in creating an environment of enhanced patient care.”

Scioto Guild now taking orders for annual Flower Sale

Members of the Scioto Guild, part of the Friends of Southern Ohio Medical Center, are now taking orders for their annual Flower Sale.

Flowers for sale include hanging baskets of Ivy Geranium (red, lavender, pink), Hybrid Geranium (red), New Guinea Impatiens (red, orange, purple, blackberry cream), Purple Wave Petunias, Blue Angel, or Million Bells (yellow, terra cotta, blue) for $15; baskets of eight Geranium plants (in pots; red, salmon, pink) for $20; and hanging ferns (Boston, fluffy-frilly) for $12.

All orders must be placed by March 30. Pick up will take place May 6 and 7 at the Friends Community Center, 18th St., Portsmouth. Proceeds will benefit the SOMC Breast and Cancer centers. To place an order, please call Linda Spires at 353-6208 or Rosalee Greene at 353-2075.

SOMC Nursing Research Highlighted at National Conference

Nurses of the Emergency Department at Southern Ohio Medical Center were recently selected to present at the Emergency Nurses Association (ENA) Leadership Conference held Feb. 22-26 in New Orleans, La.

More than 2,000 emergency nurses from across the United States and the world gathered at the conference to discuss trends and topics related to their profession including leadership, communication, healthcare reform, patient satisfaction, and other ideas to improve emergency department operations.

SOMC staff members presented two of the 39 research and evidenced-based posters displayed at the conference: Julie Hiles, RN, BSN, assistant nurse manager of the SOMC Emergency Department and Pediatrics, Jennifer Foit, RN, BSN, and ED Clinical Coordinator Angela Hodge presented, “Emergency Department: The Frontline Defender for Pertussis Prevention,” while Mary Kate Dilts Skaggs, RN, MSN, director of nursing for SOMC Emergency, Pediatrics & Outpatient Services presented, “Decreasing Wait Time to Provider with Treatment Triage Teams: Keeping Vertical Patient Vertical.”

Pictured at the conference (l to r) are Foit, Hiles and Hodge.

SOMC, OhioHealth bring expert stroke care to Portsmouth

Southern Ohio Medical Center is now utilizing technology that ensures stroke patients in Portsmouth are never far from neurologists who specialize in stroke care. SOMC is just the 10th site-hospital in Ohio to utilize the program, which is available through a partnership with OhioHealth.

“By using a two-way video and audio system, our nurses are able to work side-by-side with neurologists from the OhioHealth Stroke Network,” SOMC’s Administrative Director of Nursing Mary Kate Dilts-Skaggs said. “Through this collaboration, we’re able to offer patients in Portsmouth more efficient treatments and increase their chances of a better outcome.”

For stroke patients, a few hours can be the difference between a full recovery and permanent neurological damage. Time is of the essence, and SOMC will be able to limit the amount of time it takes to accurately diagnose strokes thanks to their access to the OhioHealth Stroke Network.

In addition to helping diagnose patients with more speed and precision, SOMC will also use the OhioHealth Stroke Network to develop a treatment plan.

“This technology serves as an extra set of eyes and ears in real-time communication,” Dr. Jason Cheatham, Medical Director for Emergency Services, said. “It provides us with valuable patient evaluation and support.”

Janice Love was one of the first patients to experience the benefits of SOMC’s collaboration with the OhioHealth Stroke Network. It’s a collaboration that she says helped put her at ease during a recent hospital visit.

“My physician at SOMC was able to work with another doctor through the OhioHealth Stroke Network,” Love said. “They were both able to see me, talk to me and make sure I was doing alright. It was absolutely amazing.

“I just congratulate SOMC for bringing this technology to Portsmouth,” Love added. “It saved me because, through it, they were able to avert a stroke.”

SOMC honors volunteers with luncheon

Volunteers from Southern Ohio Medical Center enjoy a banquet held in their honor. SOMC rewarded its volunteers with the well-attended luncheon in the Friends Center, praising them for the work they do to help SOMC provide excellent care to its patients. In addition to luncheons, volunteers are also given reduced rates at the LIFE Center, free flu vaccinations and more. SOMC Volunteer Services can be reached at 740-356-8236.

Cantrell Named Risk Manager at SOMC

Tiffany Cantrell, RN, BSN, has been named a risk manager of Patient Safety at Southern Ohio Medical Center. Cantrell received her associate’s degree in Nursing from Shawnee State University in 2006 and a bachelors of Science in Nursing from Ohio University in 2011. She has been a part of the SOMC family since 2004, previously working as a nursing assistant, assistant nurse manager, and clinical educator of the Orthopedic Care Unit. She currently resides with her family in Portsmouth

In cooperation with SOMC, Mended Hearts forms new chapter in Portsmouth

In an effort to secure support for a growing number of heart patients in the Portsmouth area, Mended Hearts, Inc. is happy to announce the formation of its newest chapter in cooperation with SOMC.

Mended Hearts, Inc. is a national nonprofit support organization that includes heart patients, spouses, healthcare professionals and others interested in helping patients with the emotional recovery from heart disease. With 300 community-based chapters nationwide and 18,000 members nationwide, Mended Hearts is the largest heart-related patient support group in the United States.

“Members assist cardiac patients with an extensive accredited visitors program, support groups, health information workshops, social and special events and other volunteer activities,” Keri Imm, nurse manager of SOMC Cardiopulmonary Rehabilitation, said. “Mended Hearts has been offering hope and encouragement to heart patients, families and caregivers for 60 years and we hope to keep that tradition alive right here in Portsmouth with as much outreach and support as possible.”

Imm adds that while heart patient-to-patient visits are the core of the Mended Hearts program, volunteers do not have to be heart patients. Caregivers, family members of patients, physicians, nurses, other healthcare professionals and anyone else interested are invited to participate.

The group’s next meeting will take place from 5 to 7 p.m. March 20 at the Friends Community Center. For more information, call 740-356-7663.


text:
Monday, June 25, 2007

Another Reason to Dislike Matt Herges

Former Dodger Matt Herges always seemed like a nice enough guy when he was on the Dodgers (1999-2001); decent enough ERA (in the low- to mid-3s in his final two years), and he had that whole brother-in-law of (former Dodger ROY) Todd Hollandsworth thing working for him. And then he became a Giant, which made me dislike him (thought the 5.23 ERA and 8 blown saves in 2004 definitely helped me like him again).

And then he goes out and says something like this to the Las Vegas Review-Journal, which makes me dislike him even further. Herges, as it turns out, is not only pulling for Barry Bonds from his post with the Colorado Springs Sky Sox--he is also making sure the press knows he's cheering for Bonds, too:

Barring unforeseen circumstances, Barry Bonds will pass Hank Aaron in the next few months to become baseball's career home run king. And when he does, at least one person outside of Bonds' family will be happy for him.

Matt Herges was Bonds' teammate with the San Francisco Giants in 2004 and 2005. He said Bonds was a great teammate and he's pulling for him to break the record. Bonds is seven homers from tying Aaron's record of 755.

"Absolutely," said Herges, now with the Colorado Springs Sky Sox. "To me, he was a good guy. He treated me well."

Herges, a 37-year-old right-handed pitcher with nine years of major league experience, has another reason to pull for Bonds. He is part of the legacy, as one of 441 pitchers against whom Bonds has homered.

On July 21, 2000, Bonds took Herges deep to right field for No. 477 while Herges was in his second season with the Los Angeles Dodgers.

Herges. Rhymes with "dirges."

Anonymous said...

Orel is rooting for Barry Bonds also.


text:
3822 Grennoch Lane Houston, TX 77025

$1,599,000 5 Bedrooms4 Full / 1 Partial Baths5,533 sq. ft.

3822 Grennoch Lane

Year Built: 2016
Interior: 5,533 sq. ft. (approx.)
Lot Size: 7,550 sq. ft. (approx.)
Land: 0.17 acres (approx.)
Web #: 1234600
MLS ID: 85188325

Custom designed new construction by Stuckey Builders, a prestigious Houston builder for the past 50 years. Known for building aesthetically attractive, energy efficient, and structurally sound homes. Prime Braes Heights location close to Twain Elementary, neighborhood YMCA, Medical Center and Rice University. November completion date allows buyer to make own selections. Open floor plan, 5 bedrooms, master with sitting area, game room, media room and downstairs study. Quality, detailed finishes throughout home.

Ina Perlman

m: (832) 282-0211
o: (713) 520-1981

Interior Features

Bedroom Information
# of Bedrooms: 5

Bathroom Information
# of Full Bathrooms: 4
# of Half Bathrooms: 1

Exterior Features

Type of Property
Single Family Home

This material is based upon information which we consider reliable, but because it has been supplied by third parties, we cannot represent that it is accurate or complete, and it should not be relied upon as such. This offering is subject to errors, omissions, changes including price or withdrawal without notice. EQUAL HOUSING OPPORTUNITY