Legal liability for carbon capture and storage in Australia : where should the losses fall?

This article presents a critical analysis of the current and proposed CCS legal frameworks across a number of jurisdictions in Australia in order to examine the legal treatment of the risks of carbon leakage from CCS operations. It does so through an analysis of the statutory obligations and liability rules established under the offshore Commonwealth and Victorian regimes, and onshore Queensland and Victorian legislative frameworks. Exposure draft legislation for CCS laws in Western Australia is also examined. In considering where the losses will fall in the event of leakage, the potential tortious and statutory liabilities of private operators and the State are addressed alongside the operation of statutory protections from liability. The current legal treatment of CCS under the new Australian Carbon Pricing Mechanism is also critiqued.

Becoming a 'Bastion Against Tyranny' : Australian legal education and the government of the self

Research into legal education suggests that many students enter law school with ideals about using the law to achieve social change, but graduate with some cynicism regarding these ideals. It is often argued that law schools provide a negative, competitive, and conservative environment for students, pushing many away from social justice ideals towards more self-interested, vocational concerns. This article uses Michel Foucault’s work on the government of the self to suggest another way of understanding this process. It examines a range of prescriptive texts that provide students with advice about how to study law and ‘survive’ law school. In doing so, it posits that this apparent loss of social ideals does not necessarily always signify that the student has become politically conservative or has had a negative educational experience. While these legal personae may appear outwardly conservative, and indeed still reflect particular gendered or raced perspectives, by examining the messages that these texts offer students, this article suggests that an apparent loss of social ideals can be the result of a productive shaping of the self. The legal persona they fashion can incorporate social justice ideals and necessitate specific ways of acting on those ideals. This analysis adds to the growing body of research that uses Foucault’s work to rethink common narratives of power and the shaping of the self in legal education, and provides legal educators with new ways of reflecting on the effects of legal education.

Does section 420A impose ‘strict liability’ upon controllers for acts or omissions of agents and experts?

This article addresses in depth the question of whether section 420A of the Corporations Act 2001 (Cth) imposes ‘strict liability’ upon a controller for the failure of an agent or expert to take reasonable care. The weight of existing authority appears to suggest that controllers are liable under s 420A for the carelessness of their agents or expert advisers. However, a closer analysis of the text of the provision and relevant Australian and UK case law demonstrates that this aspect of the statutory construction of s 420A remains very much an open question. This article ultimately contends for a construction of s 420A which requires a controller to adequately supervise and scrutinise, but which does not render a blameless controller strictly liable for all careless acts and omissions of agents and expert advisers.

Against Marginality: Arguments for a Public Criminology

Despite its accumulated theoretical and empirical heft, the discipline of criminology has had distressingly little impact on the course of public policy toward crime and criminal justice. This article addresses the sources of that troubling marginality, with special emphasis on the powerful disincentives to greater public impact that operate within the discipline itself and the research universities that mainly house it—including the pressure to publish ever more narrow research in peer-reviewed journals at the expense of efforts at synthesis and dissemination that could serve to educate a broader public. Achieving a greater voice in the world outside the discipline will require a concerted move toward a more explicitly public criminology, and seeing to it that the work of such a criminology is more reliably supported and rewarded within the universities and the profession as a whole.

Violence Against Women: Myths, Facts, Controversies

In Violence Against Women, award-winning author Walter S. DeKeseredy offers a passionate but well-documented sociological overview of a sobering problem. He starts by outlining the scope of the challenge and debunks current attempts to label intimate violence as gender neutral. He then lays bare the structural practices that sustain this violence, leading to a discussion of long- and short-term policies to address the issue. DeKeseredy includes an examination of male complicity and demonstrates how boys and men can change their roles. Throughout, he responds to myths that dismiss threats to women's health and safety and provides an impassioned call to action for women, men, and policymakers.