Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series ....Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series of interlinked case studies reflecting the life-cycle of family formation in assisted conception. The aim is to develop solutions for more responsive legal frameworks that encourage beneficial clinical and ethical practices and contain harmful ones through inclusion rather than exclusion.Read moreRead less
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
Developing a rational law of misleading conduct. This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will info ....Developing a rational law of misleading conduct. This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will inform an innovative model for judicial and legislative law reform in Australia and overseas. This work will offer significant legal, economic and social benefits by promoting more just, effective and efficient regulation of misleading conduct.Read moreRead less
The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for di ....The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for disability and the application of disability discrimination law to behavioural traits, the project is expected to determine how, if at all, law should regulate variant personality and behaviour.Read moreRead less
Unravelling Corporate Fraud: re-purposing ancient laws for modern times. This project aims to reform the ancient laws of common law and equitable fraud that underpin commercial regulation in Australia. These laws are vital to supporting a fair and efficient economy but have failed to evolve to address the rise of corporate actors. Drawing upon a collaborative network of experts, the project intends to develop models of liability that address and overcome the existing ‘state of mind’ and ‘attribu ....Unravelling Corporate Fraud: re-purposing ancient laws for modern times. This project aims to reform the ancient laws of common law and equitable fraud that underpin commercial regulation in Australia. These laws are vital to supporting a fair and efficient economy but have failed to evolve to address the rise of corporate actors. Drawing upon a collaborative network of experts, the project intends to develop models of liability that address and overcome the existing ‘state of mind’ and ‘attribution’ hurdles to holding corporations liable for fraudulent conduct. The intended outcome is a road map for comprehensive judicial and legislative law reform, which should offer significant legal, economic and social benefits by supporting more just, effective and efficient regulation of corporate fraud.Read moreRead less
Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous c ....Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous communities, and stakeholder interviews in a range of geographic contexts across Australia. It will investigate Indigenous-specific frameworks that most appropriately reflect Indigenous perspectives of access to justice, and the way that these can be applied in certain civil and family law contexts.Read moreRead less
Mine, yours, theirs, and ours: examining the tension between private and community interests in property. Property is increasingly characterised by a tension between private rights and broader community interests, such as those relating to the environment, heritage and the public cultural domain. This project will create a new understanding of the nature of property which takes into consideration the need to balance community and individual interests.
Discovery Early Career Researcher Award - Grant ID: DE210100486
Funder
Australian Research Council
Funding Amount
$443,774.00
Summary
Navigating justice systems: how Pacific women secure their property rights. This project aims to investigate the strategies that Pacific women use to challenge gender inequality, and improve understanding of the pathways to justice in Pacific legal systems. Using an innovative socio-legal approach, the project will collect, analyse and disseminate data on the strategies used by women to advocate for stronger property rights, and develop a framework for understanding those strategies. Expected ou ....Navigating justice systems: how Pacific women secure their property rights. This project aims to investigate the strategies that Pacific women use to challenge gender inequality, and improve understanding of the pathways to justice in Pacific legal systems. Using an innovative socio-legal approach, the project will collect, analyse and disseminate data on the strategies used by women to advocate for stronger property rights, and develop a framework for understanding those strategies. Expected outcomes include an improved empirical and conceptual basis for development organisations to design and implement gender equality programs. This should provide significant benefits including enhanced understanding of women’s engagement with legal systems, and better-informed and more effective development assistance.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE150100425
Funder
Australian Research Council
Funding Amount
$372,260.00
Summary
Contract Law in Australian and Chinese Courts: A Comparative Study. Contract law provides an essential legal framework for every business transaction. However there are fundamental differences between the contract law of Australia and that of its biggest trade partner, China. This project aims to compare Australia and China’s different judicial solutions to shared real-life contract problems. The findings, it is hoped, will facilitate mutual understanding and economic competitiveness, produce re ....Contract Law in Australian and Chinese Courts: A Comparative Study. Contract law provides an essential legal framework for every business transaction. However there are fundamental differences between the contract law of Australia and that of its biggest trade partner, China. This project aims to compare Australia and China’s different judicial solutions to shared real-life contract problems. The findings, it is hoped, will facilitate mutual understanding and economic competitiveness, produce reflections and advice on the reform of Australian contract law, assist in businesses' contract drafting, and provide Australian courts and government agencies with information critical to decision-making in the context of trade relations with China.Read moreRead less