Australian courts may grant ‘reasonable fee’ awards where defendants have used certain property or infringed certain rights in a tortious manner. ‘Reasonable fee’ refers to a method of calculating a monetary award for a wrong; namely, where the court awards the objectively ascertained fee that the parties would have agreed upon for permitting the defendant’s conduct. Reasonable fee awards may be made in various forms, including through an award of compensation, in an action for money had and received through ‘waiver of tort’, as ‘restitutionary damages’, or under Lord Cairns’ Act in lieu of an injunction. They are generally awarded for common law causes of action. As discussed in this chapter, the rationale for reasonable fee damages is highly contested. In previous editions of this book, we conceptualised reasonable fee awards as being gain-based and discussed them in the chapter on gain-based relief. The latest cases from the apex courts of the United Kingdom and Singapore suggest that reasonable fee awards are an instance of ‘substitutive compensation’. It remains to be seen whether Australian courts will adopt this approach.

The law of civil remedies has frequently been described as a ‘capstone’ private law subject. In other words, it is the culmination of a student’s knowledge of private law, and it is intended to assist all the disparate strands from previously studied private law subjects to come together.

It is for this reason that we will take a generally ‘functional’ approach to the organisation of this book, grouping remedies from across different areas according to the broad functions they perform so that parallels and contrasts can be made.

In order to set the scene for this volume, I begin the chapter with a narrative of my experience on the day when I got promoted to a professor at a Japanese university by combining my professional experience to the ideologies of native-speakerism and trans-speakerism. I also include the overall background of the study through providing the aims of the research, explicating the significance of the current inquiry, and outlining the core ideas of this book: native-speakerism and trans-speakerism. In other words, this chapter delineates how these two influential ideologies in language education come together in this book and makes a case for why the present inquiry is a fertile endeavor to make. The chapter concludes with a brief description of the structure and content of the volume.

The current chapter delves into the experiences of NNES university professors in Japan, scrutinizing noteworthy events and incidents that they came across while working in their particular settings. The chapter opens, much like Chapters 4 and 5, by offering narratives from four university professor participants. As with the previous narratives, these ones also represent the initial phase of data analysis as well as a portion of the research results. These narratives were then subjected to constructing grounded theory approaches, which led to the discovery of several notable and oft-repeated codes. These were subsequently organized to construct a conceptual framework. This chapter justifies and explains the multifaceted, yet interconnected, principal categories and their incumbent subcategories of university professor participants’ experiences involving native-speakerism and trans-speakerism: they are linguistic, cultural, and professional native-speakerism, in addition to Global Englishes, intercultural competence, and professionalism (including contextual knowledge) in relation to trans-speakerism. Pertinent excerpts and anecdotes from the interview data are used to establish and expound upon the categorizations. Finally, the chapter concludes with the conceptual framework of the university professors’ experiences and several recommendations for practice involving native-speakerism and trans-speakerism.

I commence this chapter by introducing the narratives of four graduate school student participants who partook in this endeavor. The participants’ narratives are a representation of the interview data that were relayed to me. They function as the initial phase of data analysis as well as serve as part of the findings because they are presented largely intact as concise stories which are both the basis for analysis and the vehicles for portraying the interview data pithily. The analysis involved subjecting these narratives to constructing grounded theory methods in which I sorted, synthesized, integrated, and formulated a number of prominent and recurrent codes in order to determine several categories and eventually a conceptual framework (theory). I introduce in this chapter primary categories concerning linguistic, cultural, and academic native-speakerism, in addition to Global Englishes, intercultural competence, and professionalism (including work ethics) related to trans-speakerism. I explore and illustrate these by referring to germane excerpts and anecdotes from the interview data to support and expound on the categorizations. This chapter ends with a conceptual framework (theory) and recommendations for practice.

I open this chapter with a discussion about an alternative concept to native speakerism – trans-speakerism. This is a modern ideological viewpoint that is devoted to enhancing diversity, equity, and inclusion for all language speakers, teachers, and researchers in the field. I begin by comparing the notion of trans-speakerism with the idea of native-speakerism, then proceed to present its definition, highlight its significance, and introduce the terminology it spurns for describing persons who are subsumed within its precepts: global speaker of English (GSE), global teacher of English (GTEs), and Global Englishes researcher (GER). I continue this chapter with an outline of the research upon which this book is based, which includes: (a) a description of the ways in which I selected the participants and ensured ethical compliance, (b) information about the participants, and (c) an account of how the data collection procedures were followed as well as how the data were treated, analyzed, and interpreted.

In this chapter, I introduce the narratives and primary categories of the secondary school teachers within this inquiry. They include linguistic, cultural, and pedagogical native-speakerism, in addition to Global Englishes, intercultural competence, and professionalism (including second language learning experiences) related to trans-speakerism. I explore and extrapolate these by selecting germane excerpts and anecdotes from the interview data to support and elucidate these categorizations. I do so while being fully cognizant of, first, the conditions under which they occurred (i.e., excerpts of particular experiences of particular participants in their particular contexts) and, second, the circumstances in which they were presented to me during the interviews (i.e., stories constructed in particular ways at a particular moment of their professional lives with me as their particular interlocutor). The narratives presented in this chapter were drawn from four secondary school teachers in Japan.

This final chapter, divided into three major parts, draws together the findings and discussion presented in previous chapters and provides recommendations and implications for stakeholders and researchers. The first part outlines summaries of findings and relevant literature followed by a conceptual framework, which exhibits diagrammatically the findings of this study and their interrelationships. The second part regards recommendations for further research and the limitations of my study. A narrative of my reflection on the journey of the study and the writing of this book concludes the volume.

Increasing educational standards in the workforce have increased the use of experts throughout the economy, leading to processes that more closely resemble bureaucracies and stakeholder policymaking, with an increasing emphasis on culturally liberal values such as diversity, representation, and social responsibility. The guiding industries and workforces of the scientific and technology sectors have enabled a technocratic ethos in government and industry. But public opposition to technocracy and skepticism of meritocracy is growing among voters, allowing conservatism to brand itself as an opposition movement to the extension of government reach and the associated prevalence of “politically correct” messages and practices across educational institutions and in the workplace. The polarized American brand of politics pervades internal debates across organizational sectors, enlarging the scope of activist politics beyond campaigns and government, especially where educational and cultural divides are strongest. The distinct styles of the culture war’s two conflicting sides have become more dissimilar at the national, state, and local levels, even in ostensibly apolitical arenas.

Climate change is already harming the health and well-being of children across the world. In this chapter, we emphasize the need to go beyond the focus on negative psychological responses to climate change and consider its much broader impacts on psychological health – including increasing rates of psychiatric disorders – that overwhelmingly have their origins early in life. This requires taking a developmental life course perspective. Viewed in this way, we show that climatic stressors can affect healthy development from conception onwards by operating with additive, interactive and cumulative developmental effects to increase mental health vulnerability across the life course. In the second part of the chapter, we discuss issues of measurement and emphasize the value of employing longitudinal and multimethod approaches. We conclude with a discussion of adaptation and response planning in the context of current global inequities.