Risk Managing in the Courts: Seeds of a Divergent Jurisprudence (Working paper)

Abstract

In Australia, risk analysis, risk assessment and risk management are buzz words for decision-makers who must deal with the prospective - but relatively uncertain - impacts of climate change and other environmental risks. But what do these terms mean in practice and how do they play out in the courts? This short paper identifies some divergent approaches to these issues with particular regard to cases involving a risk of flooding.