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The legal and social dimensions of financial hardship in Australia: Implications for legal, regulatory and policy frameworks. Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in-depth study of the practical operation of Australia’s financial hardship laws, which are designed to protect Australians suffering financial hardshi ....The legal and social dimensions of financial hardship in Australia: Implications for legal, regulatory and policy frameworks. Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in-depth study of the practical operation of Australia’s financial hardship laws, which are designed to protect Australians suffering financial hardship. Major surveys will be undertaken of senior staff of financial dispute resolution schemes, financial counsellors, consumer solicitors and consumer advocates as well as persons suffering financial hardship. The project outcomes will include improvements to dispute resolution involving financial hardship and consumer advisory services, and potential law reform proposals.Read moreRead less
Optimising Digital Compliance Processes in the Financial Services Sector. This project aims to develop a new approach to optimise digital compliance processes in Australian financial services firms. Effective digital compliance is needed to reduce growing regulatory burden and improve compliance with increasingly complex laws. This project expects to deliver new ways to optimise digital compliance that drive innovation and reduce the societal risks of non-compliance for end-users. Expected outco ....Optimising Digital Compliance Processes in the Financial Services Sector. This project aims to develop a new approach to optimise digital compliance processes in Australian financial services firms. Effective digital compliance is needed to reduce growing regulatory burden and improve compliance with increasingly complex laws. This project expects to deliver new ways to optimise digital compliance that drive innovation and reduce the societal risks of non-compliance for end-users. Expected outcomes include industry guidance strategies and innovative digital tools that capture the complexity of digital compliance and inform practical solutions. This will provide significant cost reduction benefits for firms and ensure that new digital compliance processes promote the public interest goals of law and regulation. Read moreRead less
Advancing investor action on energy transition. This project aims to advance action by investors (debt and equity) to increase finance for low-carbon energy sources that reduce fundamental climate risks. The project applies interdisciplinary approaches to generate new knowledge about the business case for investor leadership on energy transition and supportive climate law and financial regulatory frameworks. Collaborative legal and business analysis by leading Australian and US scholars, coupled ....Advancing investor action on energy transition. This project aims to advance action by investors (debt and equity) to increase finance for low-carbon energy sources that reduce fundamental climate risks. The project applies interdisciplinary approaches to generate new knowledge about the business case for investor leadership on energy transition and supportive climate law and financial regulatory frameworks. Collaborative legal and business analysis by leading Australian and US scholars, coupled with interviews and focus groups with investors, will examine contemporary engagement practices and investors' management of climate-related financial risks. Expected outcomes are targeted reform proposals to benefit policymakers and the environment by fostering private financing of clean energy.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200100881
Funder
Australian Research Council
Funding Amount
$420,040.00
Summary
New Approaches to Corporate Legality: Beyond Neoliberal Governance. This project aims to rethink the modern corporation, going beyond existing tendencies to focus on the efficient production of profits and financial value above all other interests. This project expects to generate new knowledge in relation to the functioning of corporations as forms of authority that are related to, but separate from, state regulation. Expected outcomes of this include new approaches to conceptualising and struc ....New Approaches to Corporate Legality: Beyond Neoliberal Governance. This project aims to rethink the modern corporation, going beyond existing tendencies to focus on the efficient production of profits and financial value above all other interests. This project expects to generate new knowledge in relation to the functioning of corporations as forms of authority that are related to, but separate from, state regulation. Expected outcomes of this include new approaches to conceptualising and structuring legal regulation to encourage alternative forms of corporate authority and economic cooperation. This should provide significant benefits in terms of enhancing productive capacity and the public good instead of purely financial value.Read moreRead less
Devising a legal blueprint for corporate energy transition. This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition i ....Devising a legal blueprint for corporate energy transition. This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition is in its infancy. Drawing on empirical data and more extensive United States experience with the use of corporate law tools for climate ends, the project plans to uncover roadblocks to corporate energy transformation, and identify law and governance reforms necessary for putting the private sector on a low-carbon pathway.Read moreRead less
Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these ....Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these protections and maximise access to general insurance, particularly for socio-economically disadvantaged consumers. This should have benefits such as an increased uptake of general insurance and improved community resilience to natural disasters and other unforeseen events.Read moreRead less
Evaluating Australian personal insolvency laws in the context of changing demographics and increasing financial stress. This project will study how Australians respond to financial stress within the context of Australian personal insolvency laws. A better understanding of the practical impact of these laws today will enable an evaluation of their effectiveness in meeting policy objectives.
The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL200100007
Funder
Australian Research Council
Funding Amount
$2,634,900.00
Summary
The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches a ....The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches and theoretical understandings here and abroad. Findings will underpin reforms which, being largely bipartisan, should enjoy high prospects of implementation. Expected benefits include a substantial lift in economic growth, enhanced cybersecurity, and enhanced protections of consumer and individual rights. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE190100792
Funder
Australian Research Council
Funding Amount
$401,980.00
Summary
Restoring public trust in charities: reforming governance and enforcement. This project aims to undertake a comprehensive and comparative investigation of governance and enforcement in the charitable sector in Australia. Public trust in the charitable sector has been damaged by governance failures, particularly in religious contexts, exacerbated by the sector’s complex and incoherent governance system. As yet, there has been limited academic consideration or empirical analysis of the effectivene ....Restoring public trust in charities: reforming governance and enforcement. This project aims to undertake a comprehensive and comparative investigation of governance and enforcement in the charitable sector in Australia. Public trust in the charitable sector has been damaged by governance failures, particularly in religious contexts, exacerbated by the sector’s complex and incoherent governance system. As yet, there has been limited academic consideration or empirical analysis of the effectiveness of the governance and regulatory framework of the sector or concrete reform proposals. This project aims to undertake comparative analysis and empirical research of these aspects, and to develop proposals for effective law and policy reform. This is expected to strengthen and maximise the sector’s capacity to contribute to the social and economic life in Australia.Read moreRead less