The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and th ....What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and the humanities, where understandings of material cultural in the digital age have advanced rapidly, to examine their potential for law. The project is expected to inform policy development in evidence law so that it remains relevant in the information and cultural economies of the digital age.Read moreRead less
Whose law is it, anyway? Citizens' and peoples' challenges to state dominance in the making and application of international law. This project will enhance our understanding of civil society participation in international law-making and implementation, and how scrutiny of the legality of State conduct affects the exercise of political power. Its findings will provide guidance for improving systems of accountability that take full account of all stakeholders' interests.
Evaluating redress mechanisms governing the human rights practices of transnational business: lessons for institutional design and operation. Australian and United Kingdom researchers will collaborate with leading development and human rights organisations to design regulatory systems that promote sustained business compliance with human rights norms, and enable workers and communities to defend their human rights when these are infringed by businesses from Australia and other OECD countries.
Discovery Early Career Researcher Award - Grant ID: DE160101127
Funder
Australian Research Council
Funding Amount
$292,251.00
Summary
Cutting red tape around donations: A new model for deductible gifts. This project intends to simplify the categorisation of recipients of tax deductible gifts so that it is easy to give and receive gifts and so gifts go only to those organisations that are in keeping with public policy. Donations cost approximately $1.3 billion annually. It is therefore important that donation is a streamlined process that encourages social pluralism while ensuring there is a good use of public money. Research i ....Cutting red tape around donations: A new model for deductible gifts. This project intends to simplify the categorisation of recipients of tax deductible gifts so that it is easy to give and receive gifts and so gifts go only to those organisations that are in keeping with public policy. Donations cost approximately $1.3 billion annually. It is therefore important that donation is a streamlined process that encourages social pluralism while ensuring there is a good use of public money. Research indicates that the current approach to determining donation deductibility status is complex and out of step with government policy, public discourse and community needs. The proposed framework will be simple, take into account public policy and be adaptable to the community’s changing needs and values.Read moreRead less
Terrorism and the international law of armed conflict. This project investigates the scope, effectiveness and legitimacy of the international law of armed conflict as it applies to terrorist and counter-terrorist violence in armed conflicts. It aims to improve understanding of the legal regulation of such violence and thus ultimately to diminish human suffering in war.
Gender related harms in forced migration: a comparative international study. The recognition of gender-based persecution has been the single most important development in refugee law over the past 20 years. Through comparative analysis of cases and processes we aim to make refugee decision-making more sensitive to gender related harms and assist in developing consistent, coherent and transparent refugee law.
Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.Read moreRead less
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.
National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and bette ....National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and better targeted legal services aimed at meeting identified needs. The research will make an important contribution to the Commonwealth's welfare reform and participation agendas, particularly its Access to Justice Framework as better access to legal services can play an important role in alleviating economic and social disadvantage.Read moreRead less