'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
The legal framework of public administration: a comparative study. This project explores the relationship between administrative law and public administration in Australia, the United Kingdom and the United States. It's main aim is to give Australians generally and Australian public administrators in particular a clearer understanding of the way law frames and regulates the day-to-day implementation of public policy and programmes.
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
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better d ....The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better decisions in this important and controversial area. This will have benefits for the happiness, health and prosperity of children and their parents. Better decision-making will also reduce the costs to government of family breakdown. Read moreRead less
Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and ....Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and equity of outcomes. The project will establish a strong theoretical and policy framework for a principled, fair and responsive justice system that is informed by the diverse interests of its constituents and consumers. This research has the support of Victims Support Australasia and in-principle agreement from four member services.Read moreRead less
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.Read moreRead less
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