The State Workers Compensation Board of Georgia

The State Workers Compensation Board of Georgia was established in the year 1920 and serves the community by being the referral for more than 3.8 million employees in the state of Georgia. This State Board receives its funding through assessment from self insured employees and also from insurance companies. A range of benefits such as medical payments, compensation of a part of lost wages and even for voluntary rehabilitation services, could possibly be available to legally covered employee who sustains an injury while at work.

Before the act called 'Workers Compensation' was passed, an employee injured during work could not claim any benefits from his employer. A labor force consisting of children, men, and women usually had no recourse to any compensation for work connected injuries, even though they had to work under oppressive and harsh conditions.

The stand taken by the court was often that employees were aware of the risk when accepting the job, were careless, or hindered from recovering owed to carelessness by a colleague. It was also not the most satisfying of methods to try to obtain redress in court since that process was mostly long and costly. While this became an insurmountable obstacle for a worker in dire need of lost wages and medical expenses, a successful court procedure could also render a small company bankrupt.

Today's workers' compensation law limits the liability of the employer, and causes the employee to be eligible to claim particular benefits for injuries received during work, with no regard to fault or negligence. Using self insurance programs or going through private insurers, employers in Georgia cover themselves with worker's compensation insurance. The rights of an employee injured during work are specific and legally prevent the employer from any claims of the employee outside of these laws.

Any employer with a work force of a minimum of three workers, whether they are full or part time, comes under this law. This includes non profit organizations and public corporations.

Federal government workers, domestic servants, farm workers and farmers, and also railroad workers have a specific exemption from workers' compensation law. These are a few categories of employees who do not come under this law.

The State Workers Compensation Board works in close conjuction with a fund termed Subsequent Injury Trust. In cases when a worker had had a prior injury which was subsequently further damaged by an injury while working, this fund reimburses employers or insurers for a part of the compensation monies paid out.

Assessments from self insured employees and insurance companies completely fund the compensation program for workers.

Terence Fisher and Hammer Horror

Terence Fisher (23 February 1904 – 18 June 1980) was a British director and a prominent name in the English gothic cinema. He is most remembered for his work with Hammer films, where he presented gothic horror in full lurid color. The sexual overtones and explicit horror in his films, whilst pretty tame compared to today's expiry standards, were unprepened in his day.

In The Curse of Frankenstein (1957), Fisher introduced the subject that would become such a regular aspect in all his later films: the eternal struggle between good and evil. An incorrigible fanatic who is totally obsessed with creating life, Victor Frankenstein (played so brilliantly by Peter Cushing) constructs an artificial man in his laboratory from dead bodies. Initially, the baron's creation (played by Christopher Lee), despite being heavily powered up by Frankenstein's electrodes, remains still and lifeless. However, later on in the movie, the baron opens the door to his laboratory to find – in one of Fisher's most terrifying shots – his apparently dormant creature now fully awake and on its feet. The full horror of Frankenstein's creation is then shockingly revealed as the monster jerkily rips off its facial bandages to reveal a hideously disfigured face. A classic moment in the history of Hammer horror!

The monster seems to be a horrible reflection of its creator's own warped character, murdering a blackmailing servant girl and attacking the baron's fiancée near the climax of the movie. When Baron Frankenstein is sentenced to death for the monster's crimes, the behavioral link between creator and creation becomes final. In the closing scenes of the movie, when the incarcerated Frankenstein pleads willingly to both a priest and to his erstwhile mentor and friend Paul to save him from the guillotine, we really feel the strength of emotion in that cell, sympathising with both the priest's and Paul's unbending resolve to turn a deaf ear to the ravages of both a mad scientist and a cold-blooded killer. Truly, one of the most emotionally intense endings of any Hammer film.

But that was not the end of the baron, for Fisher went on to make four more Frankenstein films which – unlike the Universal movies – featured the mad scientist himself as the continuing character rather than the monster. The baron was at his most evil in the 1969 classic Frankenstein Must Be Destroyed, where he blackmails a young couple into assisting him with his fiendish experiments, the cold-bloodedly murderers the girl (played by Veronica Carlson) when they attempted to defy him.

Fisher's next horror masterpiece came in 1958, when he adapted Bram Stoker's classic vampire novel Dracula for the big screen. As with The Curse of Frankenstein, Fisher did a brilliant job here, for the evil Count Dracula (played superbly by Christopher Lee) had never looked so terrifying and nightmarish, with his snarling face, blood-red eyes and razor-sharp fangs. Under Dracula's hypnotic influence, prim and proper Victorian ladies in diaphanous gowns shed their inhibitions and, letting their usually pinned up locks fall down freely over their shoulders, writhed in orgasmic paroxysms as they exposed them to Dracula's deadly invasion. Dracula had never looked so awesomely erotic and horrific all at the same time.

Dracula's arch enemy is a guardian of all things Christian and decent. Dr Van Helsing (played with a slight touch of humor by Peter Cushing) has, in his anti-vampire arsenal, a formidable assortment of weapons – sometimes wooden stakes and crucifixes, along with pious homilies and a good cognizance of vampire lore (which you feel he could recite in his sleep). In the thrilling climax, Van Helsing confronts Dracula in his castle and chased him up a flight of stairs. Catching up with the count, he wrestles with him willingly in the library. Then, after briefly feigning death as Dracula attempts to throttle him, the vampire hunter manages to pull back the curtain, exposing Dracula to the full force of the sunlight, culminating in the count crumbling into dust with agonized screams, helped along to his demise by Van Helsing holding up some nearby candelabra in the shape of a cross. A tremendously memorable ending to what, for me, was the greatest Dracula film of all time.

Terence Fisher's other movies for Hammer are equally enjoyable and memorable as his Frankenstein and Dracula epics: Christopher Lee emerging from the swamp in The Mummy; a demented coup making cooing noises to a vampire pulling itself from the earth over her coffin in The Brides of Dracula; and the Angel of Death smashing its way through an oaken door in The Devil Rides Out. Such scenes are classic moments in horror movie history that will live forever in the memories of Hammer fans, thanks to the directing genius of one Terence Fisher, who was unduly such a a pivotal and consummate figure in the development of the gothic horror genre.

10 Truths You Must Know to Break into Modeling

The modeling business is just that, a business. Agencies, designers, magazines and advertisers are always looking for the next new face that will help launch their product or service. Being linked to just the right product can catapult a model to stardom and to a healthy bank account.

So what does it really take to break into the business? Below are 10 truths that you can bank on!

    1. Develop your look, not someone else's. Agencies and clients do not want what they already have. Stop trying to be the next Heidi Klum or Kate Moss and start trying to be the next you! 2. Go naked. Wash off all that make-up. Agents and clients want to see the real you – the one with cheekbones and beautiful eyes. Dark make-up only serves as a distraction, making the agent think you're covering something up! 3. Grow up. It does not matter how gorgeous you are, if you're under 5'9 ", you'll have a hard time finding top representation. will look like a maxi on a shorter girl 4. Slim is still in. Standard measurements are 33 – 24 – 35. An agency will deviate a little if you're well proportioned, but not more than an inch or two. Keep your hair natural and not too trendy. Agents and designers love to "make the girl", so let them decide to cut your long hair into a pixie! 6. Age is in your head … and skin. True, agents love youngger girls. But do not despair if you are over the age of 18. Many new girls are a bit older … and wiser .. .and more professional 7. Patience on the Portfolio Few local photographers can snap model pictures. s have it. You may be a beautiful girl, but if you can not take great pictures, modeling is not for you. You have to speak with your eyes and body on film. That's what sells. Blank stares and fake smiles do not get past the developer. 9. Communicate confidently. Do you want the big bucks? Then communicating well is essential – with your agent, clients, photographers and especially if you want a speaking part on film. Seek a speech coach if necessary. 10. You've got it all. You're tall, young, gorgeous and natural. What now? Get some snapshots into an agency – NOW!

Help, My TI-83 / Ti-84 Won’t Graph

It’s 8 o’clock at night. Dinner is over. You’re sitting down to watch a movie or Monday Night Football — and then it happens . . . “Mommmmmmmmm (or Daddddddddddd), my calculator isn’t working. I have to turn in my math homework tomorrow, and my graph isn’t showing up.”

“This can’t be so bad”, you think. “I passed high school math. Heck, I even installed the Quicken Accounting System at work. How complicated can a calculator be?”

The last time you looked at your child’s TI-83 or TI-84 was in August at the office superstore; it was in the front of a shopping cart with on top of a pile three ring binders and notebook paper. It didn’t look so bad then, but now you take a closer look and there are all kinds of keys you never saw before on a calculator. At the bottom is something familiar — a normal looking array of number keys, and at the right are the usual add, subtract, multiply, and divide keys. But what the heck are “MODE”, “DEL”, “STAT”, “ZOOM”, “TRACE”, etc. ? What are you going to do? Who ya gonna call?

Relax.

Here are a couple of really simple things to do; but remember, the title of this article is “Help, My TI-83 / Ti-84 Won’t Graph”, and that is really all that is addressed in this article.

The Graphing Buttons

Look at the top row of buttons on the TI-83/TI-84 calculator. There should be five of them, set apart from the other buttons; and they should have the following labels:

      [Y=]   [WINDOW]   [ZOOM]   [TRACE]   [GRAPH]

This is where all of your activity is going to take place.

The Three Major Problems

Most of the time when a graph is not displaying, there are three reasons:

  1. Graph Function.The graph function is not entered properly, or not entered at all.
  2. Graph Not Turned On. The graph function is entered properly, but graphing is not turned on.
  3. Viewing Window. The viewing window for the function is set to the wrong size or location.

We will deal with these one at a time.

Check that the Graph Function is Entered Properly

Push the [Y=] key at the top of the calculator. This puts you into the Y= editor screen. You should see a screen that looks something like this:

Plot1 Plot2 Plot3

Y1= 2X+1

Y2=

Y3=

Y4=

Y5=

Y6=

The expression “2X+1” is just an example, but you need to see some kind of expression in the Y= editor screen, not just a bunch of blank “Y=” lines. If all you see is the following, then you need to add an expression:

Plot1 Plot2 Plot3

Y1=

Y2=

Y3=

Y4=

Y5=

Y6=

If you want to try a really simple expression to make sure that the calculator can plot, use “Y1=X”. This should plot a nice 45 degree line directly through the origin of the graph screen.

Check that the Graph Function is Turned On

It is possible that graphing of the function is not turned on in the Y= editor screen. This error is a little bit subtle. Look at the “=” sign in the equation you are trying to plot The “=” sign, must be highlighted.

If it is not, you must cursor to the “=” sign and press the [ENTER] key, to highlight it.

Viewing Window must be Set to Correct Size and Location

If the viewing window is set to the wrong size or location, the calculator may plot but you won’t see it on the screen.

There are many ways to set the viewing window, but an easy reliable method is to simply “Zoom Out”, until you see the function you are trying to graph. Push the [ZOOM] key at the top of the calculator. Then push “3” to zoom out. Repeat until you see the function you are trying to graph. Now you should have some idea what window you need to use to see the function plotted. Push the [WINDOW] key at the top of the calculator and adjust the display characteristics as necessary.

Create an Elevator Speech For Personal Branding

The elevator speech is a simple and effective way to market your personal brand. Also called elevator pitch, the elevator speech is an overview of who you are and what you do. It highlights your strengths and qualities that make you unique and worth remembering. It is named as such because the idea is that you need to be able to present yourself in a short period of time, such as a typical ride in an elevator in which you have limited time to market yourself in a group of people.

What makes a good elevator speech? It does not have to be a long story of your life and experiences. If you meet someone in an event and he or she asks "What do you do?", Your response should be a summary about yourself and your skills in order to leave a lasting impression. You need to tell something that will pique his or her interest.

Start your elevator speech with a hook. This is a catchy statement that will grab people's attention and make them interested in what you are going to say.

Focus on your strengths. Take note that you will be competitive with a lot of people who are also trying to market themselves, so create and maintain a competitive edge by highlighting the qualities that set you apart from the competition.

Know your target market. Identify their needs, interests, and preferences. In building and promoting your personal brand, you must be able to present something that will be beneficial to your target audience.

Be confident. Speak with a firm voice. A good speech must be presented with confidence. Otherwise, it will be useless.

End your elevator speech with a call to action. You can ask for their business cards, or ask if they are willing to accommodate you in their company for a detailed presentation.

May these tips help you in creating a good and effective elevator speech. Just be confident and always be ready with your speech so you will know what to say when an opportunity comes your way.

How to Get Over Stuttering

We all have things about ourselves that we do not like or that we wish we could change. For some of us, it is about our appearance, while for others, it is a more serious issue. For people who have problems with stuttering, this is a huge problem that they wish they could change. They just wished that they could stop stuttering so that they could feel more confident and so life could be easier. If you have a stutter and you just want it to go away, then you need some help.

Since you have a stutter, you feel like you are inadequate when it comes to a lot of things. You feel less intelligent than other people when you speak out loud and this makes you feel extremely embarrassed. You want people to think of you as the smart individual that you are, but you feel like you are always being misunderstood. You need some help to get over stuttering forever.

Thankfully, there are things that you can do at home that will help you get over your stuttering for good. For example, the old saying "practice makes perfect" applies here. If you practice speaking out loud, then you can hear what words you have the most difficulty on. Then, you can figure out how to bypass those words in your everyday speech. Also, practicing techniques to help you calm your nerves can really help to get rid of your stutter. When you are nervous, your stutter worsens so if you can control your stutter and speak without nerves, you will not stutter anymore.

Stop Mumbling and Cure Lazy Lip Syndrome Today!

There is nothing more frustrating than having people ask you to repeat yourself because they did not hear what you were saying. There are several reasons why this may be happening: you may be soft-spoken; you may have an accent in which you are not enunciating your words clearly; or, you may mumble. Mumbling occurs when the mouth is not fully open, thus your words are not being articulated distinctly.

Mumbling is not only annoying for your listeners since they cannot understand you; but, it is bothersome for you, the speaker, because of the amount of time you waste

repeating yourself.

From my experience, I have found mumbling to be more common among men, especially tall men. [I rarely meet short men who mumble. To compensate for their lack of height, short men often have big voices and good diction.]

One man, who had a spectacular voice and was at least 6’4″, admitted that he was afraid to speak distinctly and use his wonderful voice for fear of intimidating others. I say nonsense. A dynamic voice does not threaten, it commands respect. Do you find the voices of James Earl Jones or Sean Connery threatening? I don’t think so!

A lot of the men with whom I have worked refuse to believe that they mumble until they see themselves on video. To see if you are symptomatic of Lazy Lips, try the test below.

  • Stand in front of a mirror and say something you know from memory. Be as natural as possible. WATCH YOUR MOUTH. Did your lips move?
  • One of the exercises for curing Lazy Lips is quite simple although you will feel like an idiot with this exercise, so make sure you are alone when you try it!

  • Standing in front of the mirror, greatly exaggerate the movement of your lips and lower jaw as you say something again from memory. Open your mouth excessively wide and noticeably move your jaw in speaking your words. (Yes, it will sound silly.) Now having accomplished this feat, say the same thing again without the exaggeration.
  • You should have noticed that your lips began to move normally the second time you said your words. Practice this exercise several time using the words of a song, for example, The Pledge of Allegiance, a poem, The Lord’s Prayer, or anything else you know from memory.

    This is a very simple exercise but it is surprisingly effective. Practice it daily and become more aware of your speech and the movement of your lips throughout the day. I have had many clients successfully end their mumbling within a week. All it takes is practice and awareness.

    Stop your mumbling today and be heard the first time you say it!

    Follow These Tips and Stop Snoring Now

    You have to stop believing that snoring is a sign of a good night sleep. It's not! And it will never be. It may be cute in the first few minutes. After a while, it starts to sound as if woodworking is occurring in your room in the middle of the night. And this is annoying. But if you have been snoring for days and your whole family can not sleep, then you have to act now. Try these tips to put an end to their misery.

    Stop drinking and smoking – These two can cause you to snore and wake up the whole block. The reason? Alcohol causes a partial collapse on your airways which can immediately start snoring. Smoking on the other hand causes blockage on the small vessels of the lungs and swelling on the tissue in the throat and mucus membrane in the nose. Smoking can result in sleep apnea. Take note that if you stop drinking and smoking, you are stopping other health risks as well.

    Sleep regularly – Sleeping for few hours each night can cause snoring. Why? Unbalanced sleeping patterns develop into respiratory instability while sleep. And there is nothing good about respiratory instability because it can lead to unstable breathing. Here, you need to regulate your sleeping patterns. Set a specific time of sleeping. Wake up in the morning on the same time, every day. Sometimes, 7 to 8 hours of sleep is all you need.

    Use anti snoring devices – There are many of them in the market. You can get homeopathic throat sprays and tablets, throat sprays, sleeping pillows, or nasal strips and dilators. These devices help your air passage to relax and take in and out the right amount of air needed for a silent sleep.

    Cure nasal congestion and allergies – If there is an infection on your adenoids and / or tonsils which are caused by nasal congestion (cold) or allergies, you have to take decongestant or antibiotics. It is simple: treat nasal congestion or allergies and you will stop snoring.

    Find a better sleeping position – Some people find it relaxing to sleep on the back while others are comfortable sleeping at the side. However, if the position you are comfortable sleeping in causes you to snore, better find another one. Sometimes, all you need to do is to change your sleeping position to open your airways and stop snoring.

    Lose some weight – There is nothing good about being an obese. It causes several health risks and of course, it causes that load noise you create while sleep. Lose some weight by getting regular exercise and taking, eating the right diet, and living a healthy lifestyle.

    Steer away from snore-triggers – If you are taking sleeping pills and products that contain antihistamines, then you are most likely a snorer. These are sedating drugs that relax the muscles and nerves. As a result, the muscle tone in the tissues of the throat relaxes and collapses. This triggers snoring just like the effect of cigarette smoking.

    Consult a doctor – Mild snorers can easily be cured. But there are cases in which snoring is a sign of other serious medical condition such as hypothyroidism or diabetes that requires surgical procedures. If you are snoring for some time this is the right time to consult a doctor.

    3 Sex Skills You MUST Master (If You Want Awesome Orgasms)

    There’s “sex”, and then there’s “SEX!” We’ve all had plain old missionary style sex that gets to be bore over the years. If you are just having standard, boring sex then you are really missing out on the real orgasmic pleasures of true mind blowing sex.

    If you want to experience awesome orgasms, you just need to follow these 3 sex skills:

    1. Long Lasting Sex. This must be mentioned first because it’s a HUGE reason why women, and men, experience either no orgasms at all, or else very lousy and weak orgasms.

    Obviously this most often falls on the man. The man needs to learn to last long during sex and not experience the ever so common problem of premature ejaculation. This is a sex skill you simply have to learn if you want to give your partner incredible orgasms. And if you are suffering from premature ejaculation then your own orgasm is WEAK. Quick ejaculation orgasms are simply not as strong as those which take longer to achieve.

    In order to last long during sex you have to learn some physical exercises and some mental breathing techniques to calm the mind and not get it overexcited (which is notorious for leading to quick ejaculations). Practice squeezing the small muscle between the anus and testicles which you can feel when you urinate and top mid stream. Flexing it will make it stronger and allow you to last. It takes some weeks to get used to but it is definitely worth it for both you and your partner.

    Now if you are a woman, your job is to encourage your guy to learn to last. Give him the exercises and help him practice them so you can have the long lasting sex that you and he deserves.

    2. Oral Sex Mastery. This is the second best sex skill you need to master because oral sex is unbelievably so darn pleasurable! Let’s be honest, oral sex feels amazing. It is oftentimes much more incredible than regular sex. For this reason alone you need to master this skill big time.

    If you are woman you can easily learn some incredible techniques for giving ridiculous mind blowing orgasms to guys. The type where they look down in utter disbelief at the pleasure you are giving them.

    If you are a guy it gets a little trickier. Honestly, most guys are clueless about “going down there”. There’s definitely certain techniques and rhythms to learn and major tips that work wonders for unbelievable orgasms. These are the type of orgasms that the woman remembers for years to come. You may split up with a woman, and then see them a few years later, and that initial look they will give you will automatically convey memories and images of those amazing nights of oral pleasure that you gave her. That’s how powerful good oral sex can be.

    Some oral tips to get started with are to take things slow at first. Don’t rush down there and slobber away. Go slow and gradually pick up your pace developing a steady rhythm. Listen to her! If she is responding well then keep at what you are doing. If there’s obvious room for improvement then allow her to guide you a bit to where it feels best. Eventually you will want to learn the oral sex skills where you won’t need to be guided but you will provide ways to pleasure her that she never even knew about.

    3. Hot Sex Positions. We talked about the missionary being lame. That’s because there are so many other positions to choose from and experiment with that are much “hotter” and more erotic than the typical missionary.

    The key to awesome sex is variety. And variety will come in the form of switching up your sex positions. As an example, a small sampling of your standard rotation of sex positions can be the following: Have her on top, go from behind, insert from the side, straddle each other in the sitting position. There are many variations to sex and they are all incredibly pleasurable. The key is to mix it up. Learn as many as possible and rotate them.

    Don’t just learn standard sex positions either, learn oral sex positions such as the 69 where you are both performing oral on one another at the same time.

    Why Is Computer Slow? – Spyware vs Viruses

    Slow computers are probably one of the most common problems that many users have. The question is simple: "Why Is Computer Slow?". One specific problem is the proliferation of spyware and viruses. These malicious programs tend to slow down the computer especially in the background. This article will aim to talk about the difference between spyware and viruses and how they answer the question: "Why Is Computer Slow?".

    Spyware and adware are almost synonymous in that they are either trying to collect or display information for marketing purposes. Companies pay for these programs to be installed on computers, often without any notice. They come in the shape of pop-ups, toolbars, system tray icons, etc. For the most part, they do not provide a way to access your system like a virus but but cause more of a nuisance to your computer experience. If you think about it, the pop-ups and toolbars are at least visible where viruses and trojans tend to be invisible to the common user. Viruses will be installed as a running process in the background without you even knowing it is running.

    So how do these programs make your computer slow? It's obvious that they are extra programs running that are not even necessary to the computer system. Spyware and adware tend to come in bunches, where multiple running eat up a good percentage of your CPU processing. Viruses will do various things like attach themselves to running processes or even act as a server to hackers on the Internet. Spyware and Adware tend to be easier to remove, but viruses may require elaborate care and technical knowledge to really get rid of it.

    As you can see, spyware, adware and viruses do contribute to the slowness of a PC. If you ask yourself, "Why Is Computer Slow?", You may want to consider the possibility of these types of infections. Make sure that you have the latest security applications and virus definitions to protect yourself from these malicious programs.

    What Are The Health Benefits Of Swimming?

    Swimming can be a fantastic exercise routine. In addition to its therapeutic benefits, swimming has been found as ideal for calming the mind of the individual undertaking it. In summer season, it can serve as an outstanding workout alternative, which assists you melt away calories, whilst trying to cool off your body. Swimming gives you the very best of both worlds. Similarly, it gives you the cardiovascular advantages of running and on the other hand, it paves way to accomplish weight lifting durability building benefits. The reservoir of swimming health advantages is absolutely extensive, making the aerobic exercise sought after these days. Let us discover more about the health advantages of swimming.

    Listed here are only few of the many health benefits of swimming.

    • Swimming assists the body to maintain the wellness of the heart thus ensuring the prolongation of regular blood pressure and right cholesterol level.
    • Swimming aids in reducing the risks of getting stroke related ailment like hypertension and heart attack. It is likewise beneficial to the lungs because it helps strengthen the respiratory system. Swimming is likewise favorable for people with diabetes.
    • Through swimming regularly, you can enhance the elasticity of your joints and boost your physical endurance while doing your workout routine.
    • Swimming is another fantastic way for you to lose weight.
    • It is ideal for those individuals who have a difficult time performing weight-bearing, land-based physical exercises. This is due to your weight in water is approximately 1/10 of your bodyweight on land.
    • Swimming is also best for soon to be mom and for people who are suffering from arthritis and back pain because it can help in relieving pains associated in this ailment. Swimming is the best workout for you.
    • Swimming reduces the chance of injuries out of physical exercise. Therefore, it is simple to try out this wonderful workout and relish the health fitness advantages it provides, with no hooked up danger.
    • Swimming can assist you to develop stamina, muscle durability and cardio-vascular conditioning.
    • Swimming can be a warm up or cool down exercise. You can do this even after strenuous exercise.
    • Through it almost all muscles and body parts are moving particularly your arms and legs which indicates that it is an ideal workout for everybody not only for you.
    • If you’re a post surgery patient, swimming can help for your fast recovery because it assists to avoid muscle atrophy.
    • Lastly, it can be very helpful to you mind and body because it has a soothing effect which helps regulate breath and blood circulation.

    These are only few benefits of swimming. You can find out the other benefits by consulting your doctor or osteopath.

    What Is Indefeasibility of Title Under The Torrens System in Australia?

    Indefeasibility of title under the Torrens system is the guaranteed title of a registered proprietor. The law provides that the Torrens system is not a historical title or derivative title but in fact re-registers the title as new each time the title is registered. As per Barwick CJ who succinctly said in Breskvar v Wall:

    “The Torrens system… is not a system of registration of title, but a system of title by registration.”

    Once an interest in Torrens title land has been registered, that registered title can not be revoked for reason’s relating to the previous Torrens title, thus conveying to the registered owner an indefeasible title. The term “indefeasibility of title” though not expressly referred to in the Torrens legislation is conferred by paramountcy provisions defined by s42 of the Real Property Act (NSW). This section gives the registered owner of a title a statutory guarantee of ownership against almost all others not recorded in the folio and most others recorded in the folio with some statutory exceptions;

    1. Fraud; giving rise to deferred indefeasibility;

    2. Another proprietor claims same land from a prior folio;

    3. An omission or mis-description of land (easements);

    4. The right of persons to share in the land; profit a prendre;

    5. The wrong description of parcels or boundaries included in the folio;

    6. A tenant, in possession, with a contract, not exceeding three years; and

    7. Non-statutoryexceptions such as in personam duties and personal equity.

    Until the advent of the Torrens system, the main problem under the old English system was the complexities and subsequent cost associated with same. One such complex matter was the doctrine of notice and the obligation of an investigation by the buyer into proof of title.

    Essentially what the Torrens system did was, upon each registration, surrender the land back to the Crown and from there the Crown would grant the land to the registered holder, thus abolishing the need for notice. This created what has become known as indefeasibility of title; any breaks in the chain of documents and claim therein became irrelevant as each registration created a new chain.

    There is no mention of the terms “indefeasible” or “indefeasibility” in the Real Property Act, but instead it originated from Robert Torrens himself and subsequently case law. The Privy Council make mention of “indefeasible” in Gibbs v Messer in 1891. Gibbs v Messer also set a precedent with regards to the first of the statutory exceptions; that of fraud.

    The exception of fraud derives from Gibbs v Messer in which the concept of deferred indefeasibility was expounded. It was held that because the fraudulent title document was in the name of a fictitious person; that in fact good title did not pass to the third party. However, if the non-fictitious third party had passed the title to a fourth party, then that would in fact constitute a good title, deferring the indefeasibility. This idea was further elaborated on in Frazer v Walker which differentiated the idea of deferred indefeasibility from the idea of immediate indefeasibility. The title holder forged the signature of a non-fictitious person and therefore passed a good title, even though there was a fraud. It was held that as long as the third party was an innocent bona fide purchaser and in no way party to the fraud, that this would enable immediate indefeasibility of title. In Australia this was given authority by the High Court case of Breskvar v Wallnwhich is still the authority on indefeasibility of title. The decision has been upheld in subsequent and more recent cases such as Westfield Management Limited v Perpetual Trustee Company Limited, Halloran v Minister Administering National Parks and Wildlife Act 1974, Farah Constructions Pty Ltd v Say-Dee Pty Ltd, and Black v Garnock.

    For an exception of statutory fraud, there has to be an actual fraud as opposed to equitable fraud, and actual personal dishonesty ormoral turpitude by the registered proprietor, sometimes coupled with willful blindness or voluntary ignorance. There must also be the mens rea or knowledge of misleading conduct and an actual loss or detriment to a registered title holder.

    The title to a whole parcel or part parcel of land that has been registered on a prior folio can take precedence over a part parcel or whole parcel registered on a later folio. This is outlined in s42(1)(a). Persuasive, not binding case law for this is National Trustees Co v Hassett in which a fence was constructed five inches to the south of the northern boundary and existed there for some years. Cousins J says at 414;

    … [t]hese findings of fact are of no importance, because the land is included in plaintiff’s certificate of title, which, like his Crown grant, is prior in date to that of the defendant.

    Hassett is also persuasive case law regarding the statutory exception of erroneous or mis-description of land in the folio. Section 42(1)(c) provides the statutory provision to this exception. The omission or mis-description of parcels of land, part parcels of land or boundaries can render a registered title holder with a defeasible interest pursuant to this section. However section 45 and section 118 gives some protection to a Bona Fide purchaser of land.

    Section 42(a1) expressly refers to easements and their mis-description or omission from the folio. Essentially, the right which exists within the easement is transferred from the servient tenement to the dominant tenement. Therefore, as Kirby P says in Dobbie v Davidson;

    The general purpose of section 42(b) [repealed now 42(a1)] is to protect the rights of persons in relation to unrecorded easements from the loss of those rights from the operation of a general principal.

    This means that section 42(a1) operates to protect the rights of the holder of the servient tenement having, for example, access to their land over the general principal of indefeasibility of title.

    Bona fide purchaser provisions and volunteers

    As mentioned above, sections 42(1)(c), 45 and 118 of the Real Property Act (NSW) provide statutory exceptions to a “Bona Fide Purchaser” of land. However, protection of indefeasibility of title is not only available to a “purchaser” of land but is available to a volunteer who paid no consideration for a gift. It was held in Bogdanovic v Koteff that the same standard exists for volunteers as to bona fide purchasers for full value, providing they meet certain criteria as to what constitutes a gift and registration of their title.

    1. The donor must do all that is necessary to transfer the title and to do all that is necessary to put that transfer beyond their recall.

    2. The donee must become the registered proprietor.

    It should be pointed out that Bogdanovic v Koteff is a decision of the NSW Court of Appeal and research has been unable to find a High Court decision on volunteers and indefeasibility. However, in the absence of a definitive high court judgement it must be argued that the rules of equity would apply to the general principal of an indefeasible title to a volunteer.

    Public rights and burdens – The right of a Minister to create roads, easements and public right of way over land.

    Rights of expropriation by Government – The rights of the Government to take land for the public interest, for example, to build transport infrastructure etc.

    Utility easements – The right of a prescribed authority to create an easement over land to provide utilities such as gas, water, drainage, sewerage etc.

    Planning restrictions – InHillpalm v Heavens Door it was held by Meagher JA that the Environmental Planning and Assessment Act must take precedent over the Real Property Act which confers indefeasibility.

    Building compliance laws – Includes matters such as illegal or unapproved building work; encroachments; and zoning non compliance.

    Mining or exploration grants – Mining companies can apply to the Government to obtain a mining lease or exploration licence over a person’s land. This issue is very important currently with coal seam gas mining in Queensland.

    Non-statutory ‘in personam’ duties and personal equity

    The obligations of the purchaser and registered owner of the land, in law or in equity can in some circumstances render the title defeasible. Lord Wilberforce in Frazer v Walker said;

    [t]hat the principle [of indefeasibility of title] in no way denies the right of a plaintiff to bring against a registered proprietor a claim in personam, founded in law or in equity, for such relief as a court acting in personam may grant.

    Types of in personam exceptions

    1. Prior contractual obligations upon the registered proprietor;

    2. Equitable remedies (such as property held in trust).

    Contractual obligations- Bahr v Nicolay is the authority case with regard to in personam claims and indefeasibility of title. A sold B their land under a contract in which B leased it back to A for three years. An option within this contract was that after the three year lease, B would give A an option to re-purchase the land. C then purchased the land from B expressly accepting the conditions of the existing contract. Upon registration, C refused to re-sell the land back to A citing indefeasibility of their title.

    It was held in this case that the registered owners were subject to the contract with which the land was conveyed to them, and therefore C had to offer the option to A to re-buy the parcel of land. This has been upheld in the contemporary cases such as Farah Constructions Pty Ltd v Say-Dee Pty Ltd, TEC Desert Pty Ltd v Commissioner of State RevenueandBank of South Australia Limited v Ferguson.

    Equitable remedies- Farah Constructions Pty Ltd v Say-Dee Pty Ltd is the authority case with regards to the in personam exception of personal equity on indefeasibility of title. This exception exists in circumstances where it would be unconscionable for the legal owner of the property to assert beneficial ownership. Thereare a number of precedent cases which give us a set of principles in which to work from. These are;

    1. Where a person becomes a legal proprietor of land by knowingly breaching his trustee’s duty. In Chan v Zacharia Dr Chan and Dr Zacharia dissolved their partnership in business; however Dr Chan knowingly renewed the lease on the property for his own benefit.

    2. Knowing receipt of trust property as a result of breach of trust or trustees duties or knowing assistance in the breach. In National Commercial Banking Corporation of Australia Ltd v Batty a cheque was deposited by the respondent into the trust account of his company knowing that the cheque was made out to the name of another company.

    3. Joint tenancies. For example joint ventures in business or a breakdown in a relationship where the husband and wife were joint tenants.

    Guidelines to in personam exceptions to indefeasibility of title.

    According to The Australian Property Law Journal, the courts in Australia have established certain guidelines when looking at in personam exceptions:

    Claims in personam encompass only known legal or equitable causes of action

    The remedy cannot be used to undermine the fundamental concepts of the Torrens system

    The conduct giving rise to an in personam claim can arise before or after registration; and

    It must involve unconscionable conduct on the part of the current registered proprietor.

    Mere Unconscionability will not be enough to enforce an in personam claim. It is ‘a necessary, but not sufficient, criterion’, and

    The expressions ‘personal equity’ and ‘right in personam’ do not supply a blank canvas on which a plaintiff can paint any picture.

    Improve Your Vision Clarity and Acuity with Cataract Surgery

    When the light rays focus well on the retinal surface, we see clearly. When they focus a little in front of the retina, or behind it, we notice blurriness (that’s nearsightedness and farsightedness, respectively).

    The lens is flexible and in normal, clear vision, tiny muscles change the convexity/concavity of its shape, to allow us to focus well at all distances. It’s composed of water and protein arranged so as to keep it very translucent, allowing the light to pass through unimpeded to the retina.

    As We Age

    The lens gradually changes with the years. The arrangement of protein and water changes so that some of the protein clumps up together, creating a slight blockage to the light rays. This is a cataract, and they start small, growing very slowly, and causing the light rays to scatter as they pass through it. This makes them unable to focus on the retina and we experience blurriness and over-brightness. If left untreated for long enough, the cataract can extend throughout the lens, causing loss of vision.

    The earlier a cataract is diagnosed and treated, the better we can retain our vision.

    Three kinds of cataracts

    · Nuclear cataracts – begin to form in the center of the lens, spreading outwards, caused by aging of the lens

    · Cortical cataracts – begin to form at the edge of the lens and extends inwards, often caused by diabetes

    · Subcapsular cataracts – begin to form at the back of the lens, and most often diagnosed in diabetics, people on high doses of steroids, those with retinitis pigmentosa, or with severe farsightedness.

    Causes of cataracts

    Research is ongoing as to causes. We don’t know yet why aging should cause a cataract to form, or what other factors might contribute.

    · Some studies have pointed to ultraviolet light, so that some eye doctors suggest we wear sunglasses and a shady hat to protect our eyes

    · Other studies suggest cosmic radiation as a contributing cause, as it seems that airline pilots more often develop cataracts

    · People with diabetes experience eye changes caused by impaired blood circulation, which are better understood. But they also more often get cataracts, as do people on steroids, tranquilizers and diuretics, for various medical conditions. It’s unknown as yet whether the medical conditions or the drugs are contributing more to cataracts.

    · Other studies have pointed to:

    · Excess salt

    · Heavy use of alcohol

    · Smoking

    · Lead

    Symptoms of cataracts

    With all three types of cataracts, the symptoms are mild at first. You may notice them only in one eye.

    · Blurriness or cloudiness

    · Diminished brightness of color

    · Glare from light sources, especially at night

    The symptoms slowly increase over time. But deteriorating vision is need not be an accompaniment to aging. A good eye doctor will be able to determine which type of cataract you have and advise you about cataract surgery.

    Cataract surgery

    This is the most often-performed surgery in the U.S. and almost all people who have it done achieve excellent vision. It’s an outpatient procedure.

    · Your eye surgeon will examine your eyes to determine the right power for the intraocular lens (IOL) he’ll implant for you. The IOL is made of very lightweight plastic.

    · A local anesthetic is given and a relaxing medication if you’d like one.

    · Using a microscope, the surgeon makes a tiny incision.

    · Ultrasound may be used to first break up the natural lens so it can be removed more easily, or sometimes it’s removed as is. The lens’s rear membrane (posterior capsule) is left intact.

    · The IOL is gently inserted and the incision closed. Dissolvable stitches may be used.

    · Afterwards, your surgeon will give you an eye shield and you can go home the same day.

    In some cases, the posterior capsule becomes cloudy after cataract surgery. This makes your vision blurry again, but it can be treated with a laser. The eye surgeon makes a small opening in the capsule to allow light to reach the retina as it should.

    In very few cases are there any complications. Most people can see much more clearly, and are very pleased, although some may still need glasses.

    Caring For Your Contact Lenses

    Keeping your contact clean and sterile is an important part of looking after your lenses and your eyes. The best idea is to clean them every day after you take them out. Your eye care practitioner would be able to give you a care regime to allow you to know how to care for the specific type of lens that you use.

    Here are some important tips which will assist in the maintenance of your contacts.

    1. Before touching any contact lenses ensure that your hands are washed thoroughly and are washed with a lint free towel. This will ensure that you do not transfer grit to your lenses.
    2. Once you remove the contact lens from your eye you need to gently rub the lens surface with specially designed cleaners. This will remove contaminants from the lens which would lead to infection or a decrease in the life span of your contact lens.
    3. Once you have cleaned the contact lens, rinse it with the appropriate solution for your contact lens type. These days most contact lens solutions are multi action, meaning they are suitable for all your cleaning, disinfecting, rinsing and storage needs.
    4. Make sure that you store your lens in a clean storage case and cover with the solution to keep it moist. Secure the lids to the case to store it safely.

    Other important information for you to consider

    1. You should not wear your contact lenses for longer than they are recommended to be worn for as this can impair your vision and cause damage to the health of your eyes.
    2. After taking your lenses out of their cases throw away any unused solution and allow the case to stand with the lids off so they are able to air dry. This results bacteria build up in the case.Your contact lens cases should be replaced with every new purchase of solution or every three months, whichever comes first.
    3. Do not wear your contact lenses should you have any problems with your eyes. If you experience any discomfort, redness, vision changes etc whilst wearing your contact lenses remove your contact lenses immediately and contact your eye care professional.
    4. If swimming while wearing your contacts ensure to wear goggles, however if your contact lenses do become exposed to chlorine ensure that you clean the contact lenses immediately afterwards.

    If you look after your contact lenses then you will get a much better life span out of them and your eyes will feel good.

    How Does Roku Work?

    The Roku player is a small black box. Physically speaking, it will most likely be the smallest device sitting on your entertainment center. It measures one inch in height, and less than five inches wide and deep. It is comparable to the size of a few CD cases stacked on top of each other. Despite its small size, Roku is a very powerful device for streaming online video to your television.

    How Does Roku Work?

    When most people think about a device which plays video, they assume there is a physical storage required for the video. For example, to watch a movie on a DVD player, you need a DVD to insert into the DVD player. Similarly, to watch a video you have downloaded, you will need the video to be stored on your computer’s hard drive. Roku has broken the mold in this regard. Since Roku players stream video, they do not need a disc, hard drive, or anything to store the video. This is what keeps the device so small and simple. As long as you have an internet connection and a TV, you can be watching thousands of titles in a matter of minutes.

    Roku Streaming Technology

    The technology is similar to YouTube. If you’re familiar with YouTube, you know that YouTube videos are not saved to your computer. That would take up entirely too much space. Instead, the video is streamed in small compressed “chunks” of video data so there is minimal loading time. Roku downloads videos from various sources and plays them on the television screen using the same technology.

    Roku Models

    There are currently 3 Roku models: Roku HD, Roku XD and Roku XD S. The models vary in terms of features, so make sure to compare the Roku models first. Consider the features offered by each model and which features fit your needs before making your purchase decision. There are no recurring fees for owning a Roku player. Purchasing a Roku player is a one-time payment, and the rest is up to you. There is plenty of free videos available for viewing, or you may be interested in paying a small subscription fee for more video than you could ever watch in a lifetime! For example, Netflix and Hulu Plus, which are both available on Roku, offer thousands of movie and television titles which are available on demand.

    Roku: What’s Included?

    Every Roku player model comes with the following:

    • 1 Remote control
    • 2 “triple A” batteries (for the remote)
    • 1 Composite (red/white/yellow) A/V cable
    • 1 power adapter
    • 1 “Getting started guide”
    • 1 year warranty