A National infrastructure to manage land information. Australia is one of about 30 countries in the world capable of managing land transactions in reliable land registers. The administrative framework however is 150 years old, built according to a 19th century statutory model appropriate to a less complicated and slower land market. Now land information, and particularly the digital land parcel map, is Australia's most valuable but underutilised asset. The project will translate popular spatial ....A National infrastructure to manage land information. Australia is one of about 30 countries in the world capable of managing land transactions in reliable land registers. The administrative framework however is 150 years old, built according to a 19th century statutory model appropriate to a less complicated and slower land market. Now land information, and particularly the digital land parcel map, is Australia's most valuable but underutilised asset. The project will translate popular spatial technologies into national business tools to better manage land information for the government, community and private sectors.Read moreRead less
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
Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less
DESIGNING LAND ADMINISTRATION SYSTEMS TO SUPPORT MODERN LAND MARKETS. Economies require successful land markets to generate wealth. Our land administration systems are expensive but essential infrastructure for land markets. However, since they were designed 150 years ago, the market has invented complex commodities: time shares, unit and property trusts, financial instruments, mortgage backed certificates, insurance products, options, corporate development instruments, vertical villages, and ....DESIGNING LAND ADMINISTRATION SYSTEMS TO SUPPORT MODERN LAND MARKETS. Economies require successful land markets to generate wealth. Our land administration systems are expensive but essential infrastructure for land markets. However, since they were designed 150 years ago, the market has invented complex commodities: time shares, unit and property trusts, financial instruments, mortgage backed certificates, insurance products, options, corporate development instruments, vertical villages, and more. The project will explain how modern land markets evolved and how land administration systems can be adapted to provide more efficient land trading and better support for trading in new complex commodities. Read moreRead less
An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable developmen ....An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable development of resources jeopardising Australia's future environmental well being. This research aims to be the first to provide a legal and policy framework which integrates land ownership and principles of sustainable development to facilitate greater understanding and management of our environmental and social obligations for future generations. Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a ....An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a consistent and coherent approach to this national (and international) issue to make the operation of any scheme more effective thus leading to a reduction of carbon emissions.Read moreRead less
Facilitation and Regulation of Research and Development Involving Human Genetic Databanks. Australia's medical biotechnology research feeds into our biotechnology industries, with flow-on benefits for national health and prosperity. Realisation of these benefits is contingent upon community protection and public trust. An effective and appropriate regulatory regime is a foundation requirement. This project aims to shape a national regulatory framework for human genetic databanks that both facili ....Facilitation and Regulation of Research and Development Involving Human Genetic Databanks. Australia's medical biotechnology research feeds into our biotechnology industries, with flow-on benefits for national health and prosperity. Realisation of these benefits is contingent upon community protection and public trust. An effective and appropriate regulatory regime is a foundation requirement. This project aims to shape a national regulatory framework for human genetic databanks that both facilitates research and maintains highest ethical standards. By examining the balance between facilitation and regulation, assessing existing law reform proposals, making recommendations for further reform, and placing this analysis in the international context, this project will significantly benefit the nation and the research community. Read moreRead less
Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare ....Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare the effectiveness of these various regimes in delivering justice to all parties. No such study has been conducted in Australia, and the results will provide a basis for informed decision on whether the latest model should remain the preferred one in a sector of the housing market catering for more than 25% of the population of NSW, a large proportion of whom are disadvantaged.Read moreRead less
Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of imp ....Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of impacts arising out of the interaction of the two legal regimes. The project will indicate strategies to facilitate cooperation between local planning authorities and indigenous stakeholders within existing legal structures.Read moreRead less