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
'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
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
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.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
Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less
Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into ....Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into the evolution of Australian law to meet the challenges of tomorrow and will preserve vital national heritage in the form of the recollections of prominent national figures.Read moreRead less
Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Austra ....Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Australia's capacity to engage with, and interpret itself to, its neighbours and the broader international community, as well as by tackling the threat of terrorism.Read moreRead less
Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Austra ....Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Australia's capacity to engage with, and interpret itself to, its neighbours and the broader international community, as well as by tackling the threat of terrorism.Read moreRead less
Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will gen ....Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.Read moreRead less