Transition to a clean energy future: the role of climate change litigation in shaping our regulatory path. As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state ....Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state system for the application of Islamic law in the Philippines and alternative systems developed by Muslim minorities who have used violence in their efforts to secede from that state, and have threatened regional security.Read moreRead less
The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. Th ....The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy.Read moreRead less
The role of proxy and governance advisers in corporate governance. This project analyses the role of proxy and governance advisers in corporate governance in Australia and the USA. Its outcomes will clarify the nature and extent of proxy and governance adviser influence over the conduct of institutional investors and listed companies, thus allowing for a more informed debate on the need for regulation.
Reshaping employment discrimination law: towards substantive equality at work? The Australian employment discrimination law system comprises long standing anti-discrimination law and novel discrimination provisions from the Fair Work Act 2009. This project studies the operation and effectiveness of the reshaped system, to assess whether it is likely to be effective in supporting a more substantive version of equality at work.
Making children's needs knowable to law. This project addresses the growing concerns that the family law system is not adequately safeguarding children's wellbeing in parenting cases. Its development of an evidence-based framework for decision-making will facilitate the production of outcomes that will better support the wellbeing of families affected by relationship breakdown.