Making children's needs knowable to law. This project addresses the growing concerns that the family law system is not adequately safeguarding children's wellbeing in parenting cases. Its development of an evidence-based framework for decision-making will facilitate the production of outcomes that will better support the wellbeing of families affected by relationship breakdown.
Directing China's Top 100 Companies: corporate governance, accountability and corporate law in the top 100 companies in China. Governance, transparency and accountability in listed companies are worldwide concerns; this is especially so for PRC companies listed in China and abroad. Using a mixture of fieldwork, financial data-base analysis and library research in China and Australia, the project will map the impact of corporate disclosure requirements on governance practices of the Fortune magaz ....Directing China's Top 100 Companies: corporate governance, accountability and corporate law in the top 100 companies in China. Governance, transparency and accountability in listed companies are worldwide concerns; this is especially so for PRC companies listed in China and abroad. Using a mixture of fieldwork, financial data-base analysis and library research in China and Australia, the project will map the impact of corporate disclosure requirements on governance practices of the Fortune magazine top 100 PRC companies. PRC companies are internationally active and engaged with Australian companies and capital markets. Post-WTO entry PRC reforms of Chinese corporate governance and accountability practices will be assessed. A new theorization of governance, law and accountability in Chinese companies will be developed.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
Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
....Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
Expected outcomes of the project include law reform and policy recommendations to improve the practice of recording victim/witness statements and management of the use of such evidence in criminal proceedings.
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Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of ....Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have on the content of the law.Read moreRead less
Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationshi ....Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationships with its First Peoples, particularly regarding treaty-making.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
Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state ....Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state system for the application of Islamic law in the Philippines and alternative systems developed by Muslim minorities who have used violence in their efforts to secede from that state, and have threatened regional security.Read moreRead less
Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical resear ....Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical research, explain the causes of this situation. In partnership with Indonesian courts and lawyers, it also aims to support the development of legal and policy reform proposals that can help resolve Indonesia’s commercial contract enforcement problems and encourage Australian investment there.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL160100136
Funder
Australian Research Council
Funding Amount
$2,841,908.00
Summary
Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of const ....Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. This project is intended to help governments, judiciaries and the public resolve intense controversies over ideals.Read moreRead less