Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material. The Australian government has a policy of promoting expertise in genomics. An essential ingredient of research and development of the genomics industry is access to human biological material. A clear regulatory framework is required, consistent with national ethical principles. There is lack of clarity, legally and ethically, in relation to ownership (including derivative claims), consented and un-consent ....Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material. The Australian government has a policy of promoting expertise in genomics. An essential ingredient of research and development of the genomics industry is access to human biological material. A clear regulatory framework is required, consistent with national ethical principles. There is lack of clarity, legally and ethically, in relation to ownership (including derivative claims), consented and un-consented use, contracts, conflict of interest and benefit sharing in human biological material, including regenerative tissue. Clarification will facilitate ethical research and commercialisation. These issues will be analysed systematically with recommendations for Australia consistent with international standards.Read moreRead less
The Contractualisation of Government: Public Accountability and Performance. Contracting has changed the delivery of government services and infrastructure in Australia. This project examines how such 'contractualisation' has affected accountability at the federal level and how current practices may be improved. Four key research questions are addressed. First, what changes, if any, in public accountability were expected from contractualisation? Second, through an analysis of case studies, ho ....The Contractualisation of Government: Public Accountability and Performance. Contracting has changed the delivery of government services and infrastructure in Australia. This project examines how such 'contractualisation' has affected accountability at the federal level and how current practices may be improved. Four key research questions are addressed. First, what changes, if any, in public accountability were expected from contractualisation? Second, through an analysis of case studies, how have public accountability practices altered in reality? Third, how might public accountability be strengthened whilst maintaining the benefits of contractualism? Fourth, what kind of performance information would assist Auditors General to strengthen their role in supporting public accountability and good governance?Read moreRead less
Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. T ....Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. The project will make an important contribution to the international debate about the legitimacy of policy considerations in judicial-making in private law, and the extent of the legitimate law-making role of the courts in a democratic system.Read moreRead less
Safeguarding the financial well-being of Australians by improving financial literacy: Implications for consumer protection laws. The project will contribute to a broader understanding of the role of financial literacy in Australia and its relationship with Australia's financial services and consumer protection laws. Having financially literate consumers facilitates the uptake and development of innovative financial products. This is essential for promoting an innovation culture and economy. High ....Safeguarding the financial well-being of Australians by improving financial literacy: Implications for consumer protection laws. The project will contribute to a broader understanding of the role of financial literacy in Australia and its relationship with Australia's financial services and consumer protection laws. Having financially literate consumers facilitates the uptake and development of innovative financial products. This is essential for promoting an innovation culture and economy. Higher levels of financial literacy also enable consumers to plan better for their and their families' financial well-being. This also has national benefit as it means that consumers are better prepared to deal with the adverse financial consequences of job-loss, illness, disablement or death, thus reducing the stresses and demands on Australia's social welfare safety net.Read moreRead less
Debt-for-development Exchanges as a Means to Enhance the Security of Australia and the Region. When Australia currently cancels debts owed to it by poor countries it has little control over how the money saved will be spent. Debt-for-development exchanges offer Australia this control while preserving the sovereignty of the recipient countries. Yet Australia has never undertaken an exchange.
Seven other nations have used this technique effectively to achieve developmental ends. We will analy ....Debt-for-development Exchanges as a Means to Enhance the Security of Australia and the Region. When Australia currently cancels debts owed to it by poor countries it has little control over how the money saved will be spent. Debt-for-development exchanges offer Australia this control while preserving the sovereignty of the recipient countries. Yet Australia has never undertaken an exchange.
Seven other nations have used this technique effectively to achieve developmental ends. We will analyse their experiences to provide a road map for Australia to use this technique to achieve security-enhancing and developmental outcomes.
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Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing an ....Co-operative intellectual property management and technology transfer for the Australian biotechnology industry. The Australian biotechnology industry rests on a framework of internationally competitive research and should be well placed to capture a significant share of expanding global markets. However, existing intellectual property (IP) management strategies do not make the most of this potential because they raise barriers to much-needed co-operation among industry players. By developing and refining new co-operative IP management models in an Australian context, this project offers direct economic benefits (more efficient industry structures), improved social and economic benefits (better and cheaper biotechnology products and services), and an opportunity for Australia to take the lead in developing innovative approaches to IP management.Read moreRead less
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
The Liability of Corporate Groups. The importance of a re-examination of the rules of limited liability has been demonstrated in many recent cases of corporate wrongdoing and collapse. This has been highlighted by the restructuring of the James Hardie Group of companies, the conscious aim of which was the decision to free the group of its asbestos liability 'legacy'. Were it not for government intervention, thousands of persons injured by asbestos products would have gone without compensation. ....The Liability of Corporate Groups. The importance of a re-examination of the rules of limited liability has been demonstrated in many recent cases of corporate wrongdoing and collapse. This has been highlighted by the restructuring of the James Hardie Group of companies, the conscious aim of which was the decision to free the group of its asbestos liability 'legacy'. Were it not for government intervention, thousands of persons injured by asbestos products would have gone without compensation. One means by which such unfairness can be avoided is by reform to the rules of limited liability. This project will explore the means by which this could be achieved.Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
The impact of Information and Communications Technology (ICT) on economic growth and productivity, and the role of Government Policy. While it is widely agreed that the use of Information and Communications Technology (ICT) has many national benefits, the role of law and policy on the extent of ICT uptake and related productivity effects have not been directly researched. A stronger research base on the role of law and policy on the use and economic effects of ICT can potentially create a numb ....The impact of Information and Communications Technology (ICT) on economic growth and productivity, and the role of Government Policy. While it is widely agreed that the use of Information and Communications Technology (ICT) has many national benefits, the role of law and policy on the extent of ICT uptake and related productivity effects have not been directly researched. A stronger research base on the role of law and policy on the use and economic effects of ICT can potentially create a number of national and community benefits. It can assist Governments and firms to isolate the drivers of the information economy and economic growth; it can facilitate the development of appropriate policy and legislation, and inform better administration of existing policies.Read moreRead less