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
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
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.Read moreRead less
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
Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and ....Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and patents. Doctrinal, qualitative and iterative research methods will be used. The primary intended outcome is a set of recommendations to assist policy makers in ensuring consistency of regulatory policy and practice, thereby supporting innovation and safe clinical translation, for the benefit of all Australians.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
Superannuation as Inheritance: Law, Practice and Reform. Given that Australian retirees are leaving behind billions of superannuation assets for inheritance, this project aims to obtain accurate real world findings about how superfunds distribute superannuation inheritances in practice. Current law has not kept pace with reality, largely leaving superfund trustees to decide how to bequest their deceased members’ excess superannuation. Australian families are at the mercy of superfunds. The expec ....Superannuation as Inheritance: Law, Practice and Reform. Given that Australian retirees are leaving behind billions of superannuation assets for inheritance, this project aims to obtain accurate real world findings about how superfunds distribute superannuation inheritances in practice. Current law has not kept pace with reality, largely leaving superfund trustees to decide how to bequest their deceased members’ excess superannuation. Australian families are at the mercy of superfunds. The expected outcomes of this project include evidence-based proposals to reform industry practice and the law. These reforms will promote respect for Australians’ testamentary wishes, safeguard against abuse, and advance societal interests in philanthropy, wealth equality and fiscal responsibility.Read moreRead less
Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol ....Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol-related violence, public disorder and the activities of criminal groups. The intended outcome is new knowledge about the causes and effects of innovation in criminal law-making. This research can benefit future public debate, policy development and law reform decisions about the role of criminalisation in enhancing safety.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240100652
Funder
Australian Research Council
Funding Amount
$426,000.00
Summary
Mobilising Litigation to Effect Legal, Policy and Social Change. This project will be the first comprehensive study of movement litigation from an Australian perspective. Using an innovative blend of socio-legal methods, the outcomes include an examination of movement litigation actors and their democratic role, a methodological framework for global scholarship on movement litigation and the first international and comparative study of refugee rights movement litigation. These outcomes will gene ....Mobilising Litigation to Effect Legal, Policy and Social Change. This project will be the first comprehensive study of movement litigation from an Australian perspective. Using an innovative blend of socio-legal methods, the outcomes include an examination of movement litigation actors and their democratic role, a methodological framework for global scholarship on movement litigation and the first international and comparative study of refugee rights movement litigation. These outcomes will generate new knowledge for forced migration studies and have the potential to transform the discipline of law by providing tools for a broader and more contextual approach for the study of jurisprudence. Benefits include lessons for enhancing participatory democracy and promoting progressive social and legal change.Read moreRead less