Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulatio ....Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulation and high technology law enforcement with an eminent United States Partner Investigator in False Claims litigation. Reducing fraud and anti-competitive behaviour could be critical to survivability of the PBS and the benefits it brings particularly to an ageing population. Read moreRead less
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.Read moreRead less
3D analysis of facial features for proof of identity across Australia's ethnically diverse population. The forensic sciences concerned with establishing Human identity play a vital role in safeguarding Australia. Certainty in Human identification is required by police and intelligence agencies because knowing the identity of perpetrators (or potential perpetrators) of crime allows effective preventative intervention. This is particularly important during surveillance operations and in the contex ....3D analysis of facial features for proof of identity across Australia's ethnically diverse population. The forensic sciences concerned with establishing Human identity play a vital role in safeguarding Australia. Certainty in Human identification is required by police and intelligence agencies because knowing the identity of perpetrators (or potential perpetrators) of crime allows effective preventative intervention. This is particularly important during surveillance operations and in the context of border protection. When crime has already been committed, the identification of victims and perpetrators is important for the exoneration of the innocent and successful prosecution of the guilty. The full utilisation of 3D morphometric analysis of faces will provide criteria robust enough for legal proof of identity. Read moreRead less
HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
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Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesi ....Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesia, Vietnam and Singapore, so better support can be provided both for Australians facing drug-related charges and for Australian governments in developing policies and strategies in response to the issues these trials create.Read moreRead less
A Comparative Law and Economics Analysis of Class Actions in Australia, the US and the UK. Research on how class action law suits operate to enforce rules and rights in the civil justice system, can promote three of the four national research priorities. By enabling better enforcement of competition, contract and corporations law for consumers and investors encourages better performing markets, corporations, and in turn an innovation culture and economy. By enabling better enforcement of produ ....A Comparative Law and Economics Analysis of Class Actions in Australia, the US and the UK. Research on how class action law suits operate to enforce rules and rights in the civil justice system, can promote three of the four national research priorities. By enabling better enforcement of competition, contract and corporations law for consumers and investors encourages better performing markets, corporations, and in turn an innovation culture and economy. By enabling better enforcement of product safety laws (e.g. asbestos and tobacco) it will promote better products and services and thus better health of users over time. Finally by enabling better enforcement of environmental law it will help address the water crisis and climate change.Read moreRead less
Face-space: linking three-dimensional shape and human perception across changing viewing conditions. People, and increasingly machines, use faces to identify and interact with people. One source of information available for this is the three-dimensional (3D) shape of the face. This information, unlike a photograph, does not change with lighting and viewpoint. This project will link measurements of face shape to the perceived similarities and differences between faces we use to make decisions. ....Face-space: linking three-dimensional shape and human perception across changing viewing conditions. People, and increasingly machines, use faces to identify and interact with people. One source of information available for this is the three-dimensional (3D) shape of the face. This information, unlike a photograph, does not change with lighting and viewpoint. This project will link measurements of face shape to the perceived similarities and differences between faces we use to make decisions. This will facilitate the use of 3D databases in diverse applications including establishing identity, making facial reconstructions of victims of crime or disaster, making databases searchable, computer animation, archaeology, and plastic surgery. In particular the work will make physical databases relevant to human perception. Read moreRead less
Developing a Regulatory Framework for Mass DNA Screenings: A comparative study of public requests by crime investigators for bodily samples. The aim of the proposed study is to devise a principled model for regulating the performance of mass DNA screenings by Australian police. A ?mass DNA screening? is a public appeal by criminal investigators for bodily samples in order to test whether donors can be linked to a particular unsolved crime. Recent law reform inquires have recognised that the var ....Developing a Regulatory Framework for Mass DNA Screenings: A comparative study of public requests by crime investigators for bodily samples. The aim of the proposed study is to devise a principled model for regulating the performance of mass DNA screenings by Australian police. A ?mass DNA screening? is a public appeal by criminal investigators for bodily samples in order to test whether donors can be linked to a particular unsolved crime. Recent law reform inquires have recognised that the various legal regimes governing mass DNA screenings are inadequate in many respects. The study will develop a new regulatory framework suitable for implementation in all Australian jurisdictions through a principled consideration of laws and recent practice in Australian and comparative jurisdictions.Read moreRead less
Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and aroun ....Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and around legal settings. It will identify means of improving the provision and evaluation of expert advice in order to enhance the social legitimacy of our legal institutions and facilitate commercial innovation and productivity.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