Testing trade mark law's image of the consumer. An effective trade mark law is vital both to protect consumers and to allow businesses to build brand recognition. This project seeks to put Australian trade mark law on a firmer empirical footing by bringing together experts from psychology, law and marketing to test the law’s assumptions against actual consumer responses.
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
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
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. T ....How Much is it Worth? Legal Discourses and Everyday Understandings of Families, Work and Property. This project will analyse the extent of congruence between the legal discourses and everyday understandings of the contributions made by partners in married and unmarried relationships that form the basis for property division when relationships end. Its claim to innovation lies in its interdisciplinary approach, positioning such understandings within their wider historical and cultural contexts. The project's findings will inform the ongoing and divisive debates between the court, the media and consumers about the justice of such distributions in Australia, providing a basis for design of laws that better meet the needs of the diverse range of Australian families. Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE110100154
Funder
Australian Research Council
Funding Amount
$200,000.00
Summary
The World Legal Information Institute European law collection: effective access to European legal information in English for Australian researchers. This facility will provide the most comprehensive collection of free access English language databases of European legal materials (both national and supra-national) and allow citations of European cases and articles to be tracked, improving Australian research in European law.
Australian Jurors' Perspectives on Expert Evidence. This inter-state, industry and research collaborative project will shed light on how courts, lawyers and experts can best work together to assist juries in their decision-making task. With the cost of a criminal jury trial running well in excess of $20,000 per day, policy-makers are keen to find ways of improving the efficiency of criminal trials. Improving the performance of the jury system will benefit the Australian community by enhancing th ....Australian Jurors' Perspectives on Expert Evidence. This inter-state, industry and research collaborative project will shed light on how courts, lawyers and experts can best work together to assist juries in their decision-making task. With the cost of a criminal jury trial running well in excess of $20,000 per day, policy-makers are keen to find ways of improving the efficiency of criminal trials. Improving the performance of the jury system will benefit the Australian community by enhancing the quality and reducing the cost of the criminal justice system. By intimately involving the judges and forensic scientists in this project we maximise the potential for the results of our research to be adopted by those in a position to improve the jury system.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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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