Special Research Initiatives - Grant ID: SR0567506
Funder
Australian Research Council
Funding Amount
$70,000.00
Summary
Peer-to-Peer collaborative research network for sharing and managing digital legal information. The aim of this project is to develop a collaborative research network using P2P technology to allow research across multiple disciplines for an open exchange of information. Current P2P technology only supports general information sharing. This research will investigate how to use P2P technology to incorporate digital rights management and network authentication, and to facilitate existing open acces ....Peer-to-Peer collaborative research network for sharing and managing digital legal information. The aim of this project is to develop a collaborative research network using P2P technology to allow research across multiple disciplines for an open exchange of information. Current P2P technology only supports general information sharing. This research will investigate how to use P2P technology to incorporate digital rights management and network authentication, and to facilitate existing open access initiatives, traditional scholarly publishing models and emerging research practices. The collaborations between IT and legal industry will be established and expanded significantly in the scope of e-research for sharing legal resources. A P2P prototype will be developed to facilitate legal users and applications.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180101594
Funder
Australian Research Council
Funding Amount
$335,983.00
Summary
The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will infor ....The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will inform public debate regarding the ideal attributes of judges and judging, qualities that are essential to maintaining and building public confidence.Read moreRead less
A study of work stress, workplace culture and wellbeing programs for lawyers and support staff. Work stress and mental health issues are now recognised as a serious problem among Australian lawyers. This project examines the drivers of work stress in a large public sector legal service organisation and identifies the most effective workplace interventions for promoting mental health and wellbeing among legal service providers.
Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog i ....Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog institutions, and the adaptability of the constitution to changing circumstances could play in securing its resilience against serious threats. Relying on conceptual and empirical methods, using case studies from India, Pakistan, Bangladesh, Nepal and Sri Lanka, to answer these questions, the project will produce a better understanding of constitutional resilience, and the features that promote it to allow constitution makers and reformers to better protect democracy, human rights and the rule of law. This will provide significant national benefit for Australia as it deepens its engagement with South Asia, and the world more generally.Read moreRead less
Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing con ....Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processes and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia.Read moreRead less
Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningfu ....Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningful for such offenders so that a reduction of violence in Indigenous communities can begin to occur. The economic and social benefits of reducing violence have direct effects on the individuals affected, and wider, long-term effects on generating more harmonious and cohesive Indigenous families and communities. Read moreRead less
Characteristics and causes of indigenous over-representation in the criminal justice system: A Victorian case-study. Addressing Indigenous disadvantage was identified as a national priority by the Council of Australian Governments in 2002. Our research builds on this initiative by examining important policy questions that are central to Indigenous disadvantage within the justice system. This research adds substantial value to the existing national investment in the collection of data on Indige ....Characteristics and causes of indigenous over-representation in the criminal justice system: A Victorian case-study. Addressing Indigenous disadvantage was identified as a national priority by the Council of Australian Governments in 2002. Our research builds on this initiative by examining important policy questions that are central to Indigenous disadvantage within the justice system. This research adds substantial value to the existing national investment in the collection of data on Indigenous involvement in justice processes, and will assist in the development and implementation of programs to address what has previously been an intractable problem. A key element in the project is establishing strong links with Indigenous community representatives so that the results of the research are made available to those most directly concerned with them.Read moreRead less
Improving court processing of protection applications for young children in the Children's Court of Victoria. The project applies collaborative expertise to improve "healthy starts" (National Research Priority Goal) for vulnerable children with child protection applications in their first 3 years. They need the courts to decide on means of protection and stability. For rural as well as urban areas, the project will identify factors that support or delay provision of stable environments for child ....Improving court processing of protection applications for young children in the Children's Court of Victoria. The project applies collaborative expertise to improve "healthy starts" (National Research Priority Goal) for vulnerable children with child protection applications in their first 3 years. They need the courts to decide on means of protection and stability. For rural as well as urban areas, the project will identify factors that support or delay provision of stable environments for children needing security in their early years. The project provides an evidence base for analyses and case flow management. By analysing court processes, it contributes data on protection cases that are lacking in Australia. This will be a lasting system for the Children's Court that can be generalised to other age groups and jurisdictions. Read moreRead less
...and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent .......and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent international procedures in other jurisdictions, in order to inform Australian policy in current and ongoing negotiations towards global harmonisation. Material from this project will lead directly to proposals for improving the Australian patent system, and ensuring that it promotes, and does not retard, innovation. Read moreRead less
Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France a ....Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France and propose acceptable benchmarks and standards for cost effective and socially cohesive procedures within Australia and internationally. As a result of this research Australia is anticipated to play a leading role in the implementation of global solutions to this issue.Read moreRead less