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.
Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal ca ....Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal capacity to respond to climate change, so identifying appropriate governance structures and regulatory tools. This analysis is vital to positioning Australian environmental law to manage climate change impacts and associated social, ecological and economic costs and to ensure compliance with international obligations.Read moreRead less
Advancing investor action on energy transition. This project aims to advance action by investors (debt and equity) to increase finance for low-carbon energy sources that reduce fundamental climate risks. The project applies interdisciplinary approaches to generate new knowledge about the business case for investor leadership on energy transition and supportive climate law and financial regulatory frameworks. Collaborative legal and business analysis by leading Australian and US scholars, coupled ....Advancing investor action on energy transition. This project aims to advance action by investors (debt and equity) to increase finance for low-carbon energy sources that reduce fundamental climate risks. The project applies interdisciplinary approaches to generate new knowledge about the business case for investor leadership on energy transition and supportive climate law and financial regulatory frameworks. Collaborative legal and business analysis by leading Australian and US scholars, coupled with interviews and focus groups with investors, will examine contemporary engagement practices and investors' management of climate-related financial risks. Expected outcomes are targeted reform proposals to benefit policymakers and the environment by fostering private financing of clean energy.Read moreRead less
A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently ....A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently to manage and protect these valuable resources. The framework developed in this project will be adaptable to provide significant benefits to other fragile ecosystems in Australia.Read moreRead less
Devising a legal blueprint for corporate energy transition. This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition i ....Devising a legal blueprint for corporate energy transition. This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition is in its infancy. Drawing on empirical data and more extensive United States experience with the use of corporate law tools for climate ends, the project plans to uncover roadblocks to corporate energy transformation, and identify law and governance reforms necessary for putting the private sector on a low-carbon pathway.Read moreRead less
A legal framework for specifying and defining carbon property rights. This project will critically examine the national framework for the trading of carbon offsets credits. Based on case studies and analysis of international experience, this project will develop concepts and principles to guide the Australian States in providing clear and consistent legal definitions of transferable carbon property rights.
Towards Global Carbon Integrity: Applying integrity systems methodology to the ‘global carbon crisis’. This project applies a widely respected approach to analysing governance systems to global problems of carbon emissions and sustainable development generally. Its significance lies in the centrality of the problems addressed and the adaptation of the widely praised NISA (National Integrity Systems Assessments) approach from domestic to international spheres. It aims to: adapt NISA to apply to ....Towards Global Carbon Integrity: Applying integrity systems methodology to the ‘global carbon crisis’. This project applies a widely respected approach to analysing governance systems to global problems of carbon emissions and sustainable development generally. Its significance lies in the centrality of the problems addressed and the adaptation of the widely praised NISA (National Integrity Systems Assessments) approach from domestic to international spheres. It aims to: adapt NISA to apply to a global sectoral problem of major significance; map and assess the Global Carbon Integrity system; identify gaps, weaknesses and areas on non-collaboration; provide suggestions for improvement; provide a fresh and useful perspective on global problems applicable to other issues. Read moreRead less
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
Just spaces: security without prejudice in the wireless courtroom. How do jurors respond to seeing defendants in a glass cage, in a traditional wooden dock or at the Bar table? The project will examine how courtroom design shapes attitudes; and, bringing together court executives, architects and researchers, will show how flexible wireless courtrooms can meet both security and human rights standards.
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less