JOINT CUSTODY AND THE PRESCHOOL CHILD

A longitudinal study of 25 families, with children aged 14 months—5 years, in joint custody, is reported. Varying motivations that lead divorcing parents to undertake and sustain joint custody are discussed, together with the stresses and gratifications of these arrangements for the parents and children. Findings are that where both parents are motivated primarily by interest in the child, where the parenting is sensitive and where the child is shielded from interparental conflict, young children do well. Such families were not the majority in this study. Significant differences emerged in the adjustment of the 1–3 age group as compared with the 3–5 age group which point to greater difficulties for the 3–5 year-olds.     

Use of subpopulation data in Australian forensic DNA casework

DNA profiling evidence presented in court should be accompanied by a reliable estimate of its evidential weight. In calculating such statistics, allele frequencies from commonly employed autosomal microsatellite loci are required. These allele frequencies should be collected at a level that appropriately represents the genetic diversity that exists in the population. Typically this occurs at broadly defined bio-geographic categories, such as Caucasian or Asian. Datasets are commonly administered at the jurisdictional level. This paper focuses on Australian jurisdictions and assesses whether this current practice is appropriate for Aboriginal Australian and Caucasian populations alike. In keeping with other studies we observe negligible differences between Caucasian populations within Australia when segregated geographically. However segregation of Aboriginal Australian population data along contemporary State and Territory lines appears to mask the diversity that exists within this subpopulation. For this reason datasets collated along more traditional lines may be more appropriate, particularly to distinguish the most genetically differentiated populations residing in the north of the continent.     

Exceeding powers of appointment: Re the Toland Trust, the Pennywise Trust and the Sequential Trust [2005] JRC 142

The general intention of the Toland Trust, a discretionary settlementgoverned by the law of Jersey, was expressed in a letter ofwishes that the immediate family of the settlor should benefit.A general power of appointment was given to the trustees. Considerable capital gains     

Blocks of colour IV: the evidential value of blue and red cotton fibres.

Samples of blue and red cotton fibres were examined using light and fluorescence microscopy as well as UV/VIS microspectrophotometry and fluorescence microspectroscopy. The degree of fluorescence and spectral variation was recorded. Particular attention was paid to the recurrence of certain spectral patterns. The importance of spectral information in the UV range is emphasized again. Colour plays a critical role in the comparison of cotton fibres in forensic sciences. Normally, fibres producing spectral patterns that are frequently seen will tend to have a lower evidential value in criminal cases as the choice of putative sources is theoretically greater and vice versa. Besides black cotton, blue and red cotton fibres are very frequent in fibre casework. The very high discriminating power using a combination of light microscopy, fluorescence microscopy and UV/VIS microspectrophotometry shows that even blue and red cotton fibres can provide excellent evidence when involved in fibre transfer cases.     

The golden age

Somewhere in history, there was a golden age of trusts. Whenthat was, is difficult to say. Perhaps it was when Lord Nottingham,in the 17th century, brought order to Chancery cases and, bymaking equity a proper body of legal precedent, overcame theopinions then that Chancery decisions varied according to thelength of the Chancellor's foot. These principles still givethe English type of trust its particular details and characteristics.Or perhaps the idea of a golden age is a myth; as with mostgolden ages, nostalgia is     

Wills and Probate, Which? Essential Guides: A complete guide to making a will and administering an estate * Paul Elmhirst

This book, published by Which? explains the law relating towills and the administration of estates (probate). It is ideal     

Parker's Modern Wills Precedents, 5th edn * By Michael Waterworth MA (Cantab)

Trusts set up by will, will trusts, are governed by similarconsiderations to those affecting inter vivos trusts. Frequentlyin trust textbooks the authors do not tell us that will trustshave some significant difference from inter vivos trusts. Thelatter may be set up quite informally by a mere declarationof intention and the transfer of the trust property to the trustees.But will trusts can only come about if the law relating to makinga valid will has been complied with. This tends to get overlookedunder the shadow of possible inheritance tax     

Nothing to Lose: An Insurance Company's Duty of Good Faith and Fair Dealing,Punitive Damages,and The Legacies of Campbell

This article explores the potential evisceration of the deterrence function of punitive damages, one of the only economic incentives that deters insurance companies from opportunistically breaching their insurance policies. Readers will gain an understanding of why large punitive damages awards are essential in the insurance coverage field and how such awards may implicate due process standards. The article explains the constitutional limitations set forth by the U.S. Supreme Court in imposing punitive damages, and provides a roadmap of how lower courts and practitioners are presently applying these rules.