The Australian Consumer Law (‘ACL’) is the national consumer law and applies across Australia. It came into force on 1 January 2011. At the same time, the Trade Practices Act 1974 (Cth) changed its name to the Competition and Consumer Act 2010 (Cth). Schedule 2 of that Act now contains the ACL. The ACL replaced a number of consumer protection provisions in federal, state and territory laws. It was enacted with the cooperation of the federal, state and territory governments. This cooperation was necessary since the Commonwealth lacks the power to comprehensively legislate on consumer law.

The ACL applies as a federal law, or as a law of the relevant state or territory, or both. It is not necessary here to go into all the details of the demarcation since the same body of law generally applies. Broadly, the ACL applies as a law of the Commonwealth to the conduct of corporations and certain natural persons, and applies as a law of a state or territory to the conduct of corporate and natural persons with a connection to the relevant jurisdiction. The application of the ACL as a federal law and the application of the ACL as a state or territory law are not mutually exclusive (where there is no conflict).

Common law damages cannot be awarded in respect of a purely equitable wrong such as breach of trust or breach of fiduciary duty. Instead, a compensatory remedy has developed in equity’s exclusive (or inherent) jurisdiction: equitable compensation. This remedy originated in cases involving breach of trust, although for many years it was not explicitly recognised as a compensatory remedy and was known instead as one of the forms of ‘account’ that a trustee must make when a breach of trust occurs. It is therefore necessary to have a brief look at the main forms of account, which are still used today.

This chapter explores rules on compensation that are peculiar to cases involving personal injury or death. The wrongful act is usually a tort, but it may also be a breach of contract1 or a statutory wrong. It is assumed that the claim is not excluded by statute; some exclusions are mentioned. This chapter does not discuss rules on compensation that apply to personal injury as well as other types of harm. Those rules are discussed in Part 1 and in the other chapters of Part 2. Furthermore, this chapter, like the rest of Part 2, is concerned only with ‘normal’ compensation. Aggravated damages, which may be awarded in cases of personal injury (and other cases), are discussed in Ch 15.

This personal chapter reflects the experience and observations of a clinical and forensic psychologist that has treated victims and worked in the legal system for decades. The chapter describes the myriad of decisions and barriers victims face when reporting and the unanticipated consequences of reporting.

A psychodynamic approach to anxiety is not disorder specific; anxiety can and usually is present to varying degrees in all patients that are seen for psychodynamic psychotherapy. This chapter aims to shed some light on some psychodynamic approaches to thinking about anxieties. Using theory and clinical examples we think about how difficulties in containing processes between caregiver and infant early in the infant’s life may predispose to the persistence of archaic anxieties. We go on to explore the nature of separation and loss in relation to anxiety and finally, we reflect on how internal conflict and the role of a critical internal object can bring about anxiety. The clinical examples illustrate how wider variation in anxieties may present in therapy and the last section focuses on how the therapist may experience and respond to these different anxieties.

Through a reading of the fanbase response to Sally Wainwright’s 2019 BBC/HBO adaptation of the Anne Lister diaries, Gentleman Jack, this chapter asks the following questions: what is at stake in bringing the diaries to the screen, and how does the process of adaptation queer time? In the case of Gentleman Jack, many fans will have experienced the adaptation as the original. With her glamorous androgynous wardrobe, her butch walk and her seductive presence, Suranne Jones’s Gentleman Jack not only rewrites history for a contemporary audience, but also queers our temporal relationship to the past. This chapter analyses how the fans’ intensive affective response to Gentleman Jack - variously described as a form of community building, of self-discovery, and of mourning and loss - merges the fictional and the original archive in productive ways. In this dialogue between the present and the past, the Lister archive continues to forge a queer trajectory that highlights the losses and gains of an occluded and rediscovered queer history. Wainwright’s refashioning of the Lister diaries for today’s television audience has in fact led us back to the ‘phenomenon’ that Lister was in her own time and to a new understanding of the importance of Lister for today.

The longing for love and the possibility of its loss are consistent concerns in Ishiguro’s production. Through references to ancient and modern conceptualizations, the chapter addresses the varieties of love that dominate Ishiguro’s works. It moves from the guilt-ridden love of a mother for her suicided daughter in A Pale View of Hills, through Stevens’s barely acknowledged love for Miss Kenton in Remains of the Day, to the unresolved tension between the devotion to our nearest and dearest and the pursuit of a higher ideal in The Unconsoled and When We Were Orphans. After minor excursions into songwriting and short stories, the chapter focuses on the most recent three novels, considering the deceptive possibility of romantic love’s redemptive power in Never Let Me Go, the long-standing but apparently doomed conjugal love of Axl and Beatrice in The Buried Giant, and Klara’s touching devotion to the sick Josie in Klara and the Sun.

In this chapter, viscous flow is discussed in detail. This kind of flow represents the most common flow in daily life and industrial production. Firstly, shearing motion and flow patterns of viscous Fluids is introduced, characteristics of laminar flow and turbulent flow is discussed. Secondly, Prandtl’s boundary-layer theory is introduced and boundary-layer equation is derived from the Navier-Stokes equation through dimensional analysis. Thirdly, some theory and facts for turbulent boundary layer are introduced. Fourthly, some shear flows other than boundary layer flow, such as pipe flow, jets, and wakes are briefly introduced. Boundary layer separation is the most important issue in engineering design, so it is introduced and discussed in a separate section in depth. The two top concerns, namely the flow drag and the flow losses are discussed in a separate section with examples and illustrations. Some further knowledge concerning turbulent flow is briefly discussed in the “expanded knowledge” section, such as the theory of homogeneous isotropic turbulent flow and the numerical computation of turbulent flows.

The Creative Arts Therapies (CAT) is an umbrella term covering several specialized disciplines: art therapy, dance movement therapy, drama therapy, psychodrama, music therapy, and poetry / bibliotherapy. In these healthcare professions, arts-based creative and expressive processes and their products are used to improve health and well-being within a therapeutic relationship. The first part of this chapter will provide an overview of the CAT disciplines, training requirements, and the field’s history. The second part will describe the therapeutic change factors shared by all CAT disciplines. Part three will discuss evidence-based findings from CAT studies on emotional well-being including regulating and processing emotions, stress relief, depressive symptoms and grief processing. Finally, in part four, future directions for CAT research will be suggested, with an emphasis on change process research, including mechanisms of change.

The poetry designated ‘non-combatant’ comes from a hugely disparate group. This chapter explores its range and diversity, illustrating how even those designated ‘non-combatant’ necessarily had their lives circumscribed by war. The poetry contests the assumption that non-combatant meant a naive response to the war that saw it in terms of adventure and sanitised sacrifice. Although this perspective exists, anxiety and loss are dominant themes, and many non-combatants attempted to understand the combatant experience. Others draw on their immediate domestic environment to contest the war, or to consider their peripheral position on the home front. Poetry can articulate the bitterness of those who felt excluded from participation, or the political stance of conscientious objectors asserting the validity of their position. Others, such as nurses, use their poetry to bear witness to suffering, and to memorialise non-combatant women who died in the service of their country.

Roberto Bolaño’s writing emphasizes the ways exile shapes individual and collective responses to traumatic losses, which are often produced by state violence. The dispersive nature of these responses demands an approach to collective memory that resists the purported coherence of the national narrative. My analysis considers the effort to establish coherency in By Night in Chile in contrast to the calls for openness that characterize the other texts I analyze: The Spirit of Science Fiction, “Visit to the Convalescent,” and Woes of the True Policeman. In reference to discussions of memory and trauma by Adeila Assmann and Nelly Richard, my reading of Bolaño’s texts pairs a critique of authorial coherence with a critique of national coherence. I focus especially on narrative boundaries and fissures, including the motifs of holes and storms. I conclude that an open, interrelational textual analysis of a single author’s work enables a critique of that work that, in turn, strengthens a critique of national narratives and their propensity to conceal traumatic pasts.

Chapter 4 returns to the story of Ms. Leanne Woods from the Introduction and provides a clear example of the negative impact of school closure policy, even on those whose schools remain open. In the long term, communities targeted by public school closure lose faith in the political process as durably changing the status quo appears elusive. These negative perceptions have serious consequences because participation provides one of the only mechanisms in a democracy for poor citizens to have power. And yet, the inability of their participation to produce long-term change pushes those affected by the policy to disengage with politics altogether. This chapter conceptualizes this latter phenomenon as indicative of their “collective participatory debt” – a type of mobilization fatigue that transpires when citizens engaged in policy process are met with a lack of democratic transparency and responsiveness despite high levels of repeated participation – and raises serious questions about the utility of participating while poor and Black in American democracy.

The book concludes by emphasizing how targeted citizen’s experiences with public school closures, and thus local government, weakens their trust in the political process and reduces their perceived value as citizens. Ultimately, the insights revealed in the book make clear that the closing of public schools contribute not only to the death of a school and its surrounding community but also to the slow death of citizens belief in, and access to, American democracy. Nonetheless, it also posits a potential way forward.

Trauma occurs when the ability to envisage our future and feel safe in the world is no longer possible. While trauma is often a one-time horrific occurrence, it can also be chronic in nature.Indeed, reproductive trauma can encompass both types of anguish: the frightening and painful loss of a miscarriage, with massive bleeding and the potential need for surgery, or the seemingly endless cycle of hope and despair during fertility treatments. Sadly, for our patients, it is not uncommon to experience both infertility and pregnancy loss, and like a soldier on the battlefield, it can be protracted, leaving deep psychological wounds. This chapter not only explores the trauma that occurs in reproductive patients, but also how we, as fertility counselors, cope with being on the battlefield with them.

This chapter addresses the role, and importance, of individual counseling and psychotherapy in providing psychological assistance and support to patients who are struggling with infertility and loss. Depression and anxiety are the two most frequent emotional sequelae of the infertility experience.The chapter therefore speaks not only to what factors contribute to making fertility counselors effective in their work, but also addresses specific treatment approaches that can yield positive outcomes in working with this unique population. These approaches include psychodynamic psychotherapy, cognitive–behavioral therapy (including dialectical behavior therapy and trauma-focused therapy), and supportive counseling. A brief history and description of each approach is presented in addition to a discussion of ways in which these psychotherapeutic treatments can be effective in working with fertility patients. Each of these approaches can be longer term or time-limited, often depending on the needs and preferences of the patient.The chapter also emphasizes the importance of appropriate professional mental health training as well as an understanding of the unique medical treatments that are an inherent part of the personal experiences of fertility patients. A strong therapeutic alliance is critical to effective individual treatment, and each psychotherapy approach provides strategies for assisting individuals who are emotionally challenged by infertility.

The assassination of Martin Luther King, Jr., is the armature supporting James Baldwin’s 1972 book, No Name in the Street. Just a few pages into the book, Baldwin observes: “Since Martin’s death, something has altered in me, something has gone away.” A spate of assassinations, and particularly King’s, prompts a profound crisis in Baldwin, forcing him to reexamine the ultimate power of love that had governed his life and work. Indeed, a decade earlier in The Fire Next Time, Baldwin had identified love as the key existential and political instrument to guide America out of its “racial nightmare,” in the same way that King had drawn on the Christian notion of agape love to imagine and enact nonviolent direct action to transform Jim Crow America. For Baldwin, King’s murder begins to actualize the apocalypse against which he had forewarned in the early 1960s, and moreover forces him to reckon with his own worldview of human life: “Perhaps even more than the death itself, the manner of his death has forced me into a judgment concerning human life and human beings which I have always been reluctant to make.” At the end of the 1960s, gone is the tempered optimism of Fire, the hope of achieving America, and instead we find in No Name a markedly new form of disenchantment that even love couldn’t temper. This essay traces how Baldwin’s perspective on love, loss, and life is altered by a decade rife with transformation and devastation, illuminating not only a pivotal period of Baldwin’s life and writing, but also of American life and letters.

The chapter concentrates upon the wealth of early modern responses to the demise of Elizabeth I in 1603. Particular attention is played to the Petrarchan discourse of eternizing, the memorialization of the last Tudor monarch in her own lifetime, and the scriptural and mythological associations which shaped the early modern reception of Elizabeth. The continuities between textual and artistic productions during the period are explored with reference to Elizabethan iconography and there is sustained analysis in this context of published miscellanies mourning the queen shortly after her death. The discussion concludes with a consideration of how dynastic change and the strategic deployment of cultural amnesia also influenced the age’s evocation of Elizabeth in the decades after her passing.