The state of the art defence : defining the Australian experience in the context of pharmaceuticals

One of the defences within Part 3-5 of the Australian Consumer Law is the state of the art, or development risk defence. This defence, although significant, has often been neglected in Australian jurisprudential analysis and has triggered at most generic academic analysis. However, with the rise of pharmaceutical and medical device litigation in Australia, it could become a vital weapon for Australian manufacturers against product liability claims. This paper will firstly review the two ways this defence could operate. It will also discuss the three types of defects which the defence could apply to. This paper aims to determine exactly when and how this defence should apply in Australia, in the context of pharmaceutical product liability claims.

Contemporary comment : is it time for Australia to adopt Circles of Support and Accountability (COSA)?

Circles of Support and Accountability (COSA) - an innovative process for reintegrating child sex offenders into the community after a period of incarceration - have not yet been firmly established in any Australian jurisdiction. This is the case despite their widespread use in Canada, the United Kingdom. and parts of the United States of America, and despite a growing body of research evidence that demonstrates their efficacy in reducing recidivism among child sex offenders. This Contemporary Comment outlines the emergence of COSA and the existing evidence in support of COSA. It argues that COSA should be piloted in Australia.

Popular Appeal : Books and Films in Contemporary Youth Culture

Now is an opportune moment to consider the shifts in youth and popular culture that are signalled by texts that are being read and viewed by young people. In a world seemingly compromised by climate change, political and religious upheavals and economic irresponsibility, and at a time of fundamental social change, young people are devouring fictional texts that focus on the edges of identity, the points of transition and rupture, and the assumption of new and hybrid identities. This book draws on a range of international texts to address these issues, and to examine the ways in which key popular genres in the contemporary market for young people are being re-defined and re-positioned in the light of urgent questions about the environment, identity, one's place in the world, and the fragile nature of the world itself. The key questions are: what are the shifts and changes in youth culture that are identified by the market and by what young people read and view? How do these texts negotiate the addressing of significant questions relating to the world today? Why are these texts so popular with young people? What are the most popular genres in contemporary best-sellers and films? Do these texts have a global appeal, and, if so, why? These over-arching themes and ideas are presented as a collection of inter-related essays exploring a rich variety of forms and styles from graphic novels to urban realism, from fantasy to dystopian writing, from epic narratives to television musicals. The subjects and themes discussed here reveal the quite remarkable diversity of issues that arise in youth fiction and the variety of fictional forms in which they are explored. Once seen as not as important as adult fiction, this book clearly demonstrates that youth fiction (and the popular appeal of this fiction) is complex, durable and far-reaching in its scope.

Sink or Swim? : Revising Ophelia in contemporary young adult fiction

Shakespeare’s Hamlet has in recent years been used by a number of young adult novels to define and authorise representations of gendered adolescent subjectivity. In so doing, these novels attend not only to Shakespeare’s play but also to other adaptations of the play. For example, the long cultural history of Ophelia being used as a template for depicting adolescent femininity as risky or dangerous is as influential as the play itself in early twenty-first century novels. This paper reads such novels for the ways in which codes of gender and of genre circulate in adolescent fiction when linked explicitly with Shakespearean texts and traditions.

Ephemerality, affect and the "Art Dump"

This work was composed in relation to the author's research of the popularity of themes of ephemerality and affect in recent global art. This focus correlated with Chicks on Speed's ongoing inquiries into issues of collections and collecting in the artworld, articulated as 'the art dump' by the group. This work was subsequently performed as a contribution to a performance with international multidisciplinary group Chicks on Speed as a part of their residency during MONA FOMA in Tasmania.

Queer criminology, critique, and the "art of not being governed"

This article builds on previous work that argues that a useful path for a ‘‘queer/ed criminology’’ to follow is one that takes ‘‘queer’’ to denote a position. It suggests that one way of developing such an approach is to adopt a particular understanding of critique—specifically one that draws from Michel Foucault’s view of critique as ‘‘the art of not being governed.’’ It then charts some of the possible directions for such a ‘‘queer/ed criminology.’’ While such an approach to critique has previously been discussed within critical criminologies, this article suggests that it is useful for queer criminologists to explore the opportunities that it affords, particularly in order to better appreciate how ‘‘queer/ed criminology’’ might connect to, draw from, or push against other currents among critical criminologies, and help to delineate the unique contribution that this kind of ‘‘queer/ed criminology’’ might make.

Worldly feelings made material : cosmopolitan aesthetics, affect and recent relational art

The openness and compassion implicit in the social transaction of recent philosophies of cosmopolitanism is reflected in the aims of the body of interpersonal, process-driven artworks commonly referred to as relational art. In attempting to bring art into life, specifically as a point of intervention in the lives of its spectators, the affective power required to realize the communal and participatory aims of many of these artworks is central. Relational art practices invite the individualising distinctiveness of the spectator yet ultimately seek the collective affect of the artwork’s formulated community. Like cosmopolitanism, this is a felt community where the obligatory affective investment is imagined as open and empathic built on mutual exchange and generosity. They suggest that it doesn’t matter so much what we feel about art but what and how we feel through art. The artworld’s public spheres have become increasingly affective worlds, where the artwork’s coerced and managed human relations are conceived as interstices for a more open exchange with art and each other. With reference to Sydney Biennale’s recent All My Relations exhibition, this paper will interrogate how worldly feelings are made material by the requisite emotional and aesthetic labour of feeling for and with others in relational art.

Resistance is feral : digital culture, community arts, and the new cultural gatekeepers

The Community Arts sector in Australia has a history of resistance. It has challenged hegemonic culture through facilitating grassroots creative production, contesting notions of artistic processes, and the role of the artist in society. This paper examines this penchant for resistance through the lens of contemporary digital culture, to establish that the sector is continuing to challenge dominant forms of cultural control. It then proposes that this enthusiasm and activity lacks ethical direction, describing it as feral to encompass the potential of current practices, while highlighting how a level of taming is needed in order to develop ethical approaches.

Always “tasty”, regardless: Art, chocolate and Indigenous Australians

This paper examines race and colour through the metaphor of chocolate. The authors use the metaphor of chocolate to question why some Aboriginal people are chosen ahead of others, with the choosing done by non-Indigenous people, perhaps on the basis of who is most likely to be “soft-centred”, agreeable, and pliable. The authors discuss the development of the Hot Chocolate art exhibition in Adelaide in 2012, with a particular focus on the works of Pamela CroftWarcon. The exhibition combined chocolate (the food), lyrics from Hot Chocolate (the band), and chocolate (the metaphor for skin colour) to encourage visitors to question their assumptions about representations of Aboriginal people in Australia.

Accuracy of weight status perception in contemporary Australian children and adolescents

Aim: To explore weight status perception and its relation to actual weight status in a contemporary cohort of 5- to 17-year-old children and adolescents. Methods: Body mass index (BMI), derived from height and weight measurements, and perception of weight status (‘too thin’, ‘about right’ and ‘too fat’) were evaluated in 3043 participants from the Healthy Kids Queensland Survey. In children less than 12 years of age, weight status perception was obtained from the parents, whereas the adolescents self-reported their perceived weight status. Results: Compared with measured weight status by established BMI cut-offs, just over 20% of parents underestimated their child's weight status and only 1% overestimated. Adolescent boys were more likely to underestimate their weight status compared with girls (26.4% vs. 10.2%, P < 0.05) whereas adolescent girls were more likely to overestimate than underestimate (11.8% vs. 3.4%, P < 0.05). Underestimation was greater by parents of overweight children compared with those of obese children, but still less than 50% of parents identified their obese child as ‘too fat’. There was greater recognition of overweight status in the adolescents, with 83% of those who were obese reporting they were ‘too fat’. Conclusion: Whilst there was a high degree of accuracy of weight status perception in those of healthy weight, there was considerable underestimation of weight status, particularly by parents of children who were overweight or obese. Strategies are required that enable parents to identify what a healthy weight looks like and help them understand when intervention is needed to prevent further weight gain as the child gets older.

Networked masculinities and social networking sites : a call for the analysis of men and contemporary digital media

It is of course recognised that technology can be gendered and implicated in gender relations. However, it continues to be the case that men’s experiences with technology are underexplored and the situation is even more problematic where digital media is concerned. Over the past 30 years we have witnessed a dramatic rise in the pervasiveness of digital media across many parts of the world and as associated with wide ranging aspects of our lives. This rise has been fuelled over the last decade by the emergence of Web 2.0 and particularly Social Networking Sites (SNS). Given this context, I believe it is necessary for us to undertake more work to understand men’s engagements with digital media, the implications this might have for masculinities and the analysis of gender relations more generally. To begin to unpack this area, I engage theorizations of the properties of digital media networks and integrate this with the masculinity studies field. Using this framework, I suggest we need to consider the rise in what I call networked masculinities – those masculinities (co)produced and reproduced with digitally networked publics. Through this analysis I discuss themes related to digital mediators, relationships, play and leisure, work and commerce, and ethics. I conclude that as masculinities can be, and are being, complicated and given agency by advancing notions and practices of connectivity, mobility, classification and convergence, those engaged with masculinity studies and digital media have much to contribute.

A clear view of costs ‘of and incidental to’ : Mio Art Pty Ltd v Macequest (No.2) Pty Ltd [2013] QSC 271

In Mio Art Pty Ltd v Macequest (No.2) Pty Ltd [2013] QSC 271 Jackson J provided considered analysis of several aspects of costs law. His Honour regarded various orders which are commonly sought or made as reflecting practice that is inappropriate or unnecessary under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).

Governing young people’s drug use: Crime, harm and contemporary drug use practices

Since the nineteenth century, drug use has been variously understood as a problem of epidemiology, psychiatry, physiology, and criminality. Consequently drug research tends to be underpinned by assumptions of inevitable harm, and is often directed towards preventing drug use or solving problems. These constructions of the drug problem have generated a range of law enforcement responses, drug treatment technologies and rehabilitative programs that are intended to prevent drug related harm and resituate drug users in the realm of neo-liberal functional citizenship. This paper is based on empirical research of young people’s illicit drug use in Brisbane. The research rejects the idea of a pre-given drug problem, and seeks to understand how drugs have come to be defined as a problem. Using Michel Foucault’s conceptual framework of governmentality, the paper explores how the governance of illicit drugs, through law, public health and medicine, intersects with self-governance to shape young people’s drug use practices. It is argued that constructions of the drug problem shape what drug users believe about themselves and the ways in which they use drugs. From this perspective, drug use practices are ‘practices of the self’, formed through an interaction of the government of illicit drugs and the drug users own subjectivity.