The Liability of Corporate Groups. The importance of a re-examination of the rules of limited liability has been demonstrated in many recent cases of corporate wrongdoing and collapse. This has been highlighted by the restructuring of the James Hardie Group of companies, the conscious aim of which was the decision to free the group of its asbestos liability 'legacy'. Were it not for government intervention, thousands of persons injured by asbestos products would have gone without compensation. ....The Liability of Corporate Groups. The importance of a re-examination of the rules of limited liability has been demonstrated in many recent cases of corporate wrongdoing and collapse. This has been highlighted by the restructuring of the James Hardie Group of companies, the conscious aim of which was the decision to free the group of its asbestos liability 'legacy'. Were it not for government intervention, thousands of persons injured by asbestos products would have gone without compensation. One means by which such unfairness can be avoided is by reform to the rules of limited liability. This project will explore the means by which this could be achieved.Read moreRead less
The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regu ....The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regulation have the capacity to bring about changes in the culture, policies and operating procedures of organisations? What obstacles that impede organisations? attempts to comply with the regulatory requirements? The project will result in the usual academic publications, and workshops for the government agencies administering the legislation involved in the study.Read moreRead less
Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that acco ....Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that accounts for recent shifts in Australian governance. It will generate a meta-regulatory theory of law. Understanding meta-regulation may enhance regulatory effectiveness, social and procedural justice while advancing the international competitiveness of Australian regulationRead moreRead less
Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific leg ....The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific legal implications of biological information and synergise the intersections. Outcomes and benefits include enhanced communication between jurisprudence and biology, important fora for the disciplines to learn about each other and an internationally recognised national research institute of Law and Biology based in Brisbane.Read moreRead less
A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a tran ....A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trial. Read moreRead less
The Admission and Exclusion of Asylum Seekers: The Search for Legitimate Parameters. The admission of asylum seekers into Australia is a burning political, legal and human rights issue. While Australia has dramatically reduced the inflow of asylum seekers through the Pacific Solution and other administrative and legal mechanisms, there are serious national and international concerns as to whether the strategies are consistent with international standards and principles of social justice. This p ....The Admission and Exclusion of Asylum Seekers: The Search for Legitimate Parameters. The admission of asylum seekers into Australia is a burning political, legal and human rights issue. While Australia has dramatically reduced the inflow of asylum seekers through the Pacific Solution and other administrative and legal mechanisms, there are serious national and international concerns as to whether the strategies are consistent with international standards and principles of social justice. This project investigates Australia's exclusionary policies towards asylum-seekers and establishes a definitive framework for developing Australian asylum law consistent with international standards.Read moreRead less
Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribu ....Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribution to security and stability in our part of the globe and increase national capacity to contribute to global peace strategies.Read moreRead less
One Day, We'll All Invest This Way! Regulating Online Investment. This project will provide policy recommendations to promote national research priority 3: particularly goals 4 & 5. It will do this by using good regulation to increase the safety of online investing services. It will bring to Australia international expertise not available here, crucial to good regulation of online investing. If investors trust this mostly beneficial technology it will further Australians' prosperity through in ....One Day, We'll All Invest This Way! Regulating Online Investment. This project will provide policy recommendations to promote national research priority 3: particularly goals 4 & 5. It will do this by using good regulation to increase the safety of online investing services. It will bring to Australia international expertise not available here, crucial to good regulation of online investing. If investors trust this mostly beneficial technology it will further Australians' prosperity through investment e.g. for retirement. Competitive advantage through good regulation will bring overseas investors to Australia through the Internet. It will consolidate its role as a financial centre. With 51% of adults owning shares, this research could save Australians more than $1.6 billion per annum! Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less