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Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less
Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is litt ....Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is little evidence of how either of these impacts on justice for participants. Understanding the process by which people develop trust during one critical adjudicative process, the jury trial, will allow juries, and other forms of lay decision-making in judicial processes, to be used more effectively in the justice system.Read moreRead less
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.Read moreRead less