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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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
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
Discovery Early Career Researcher Award - Grant ID: DE200101447
Funder
Australian Research Council
Funding Amount
$419,337.00
Summary
The Law and Politics of Machine Listening. Machine listening refers to the branch of AI driving the rapid growth of smart speakers, voice assistants and other always-on listening devices. Many of its applications offer real benefits, but machine listening also poses urgent challenges across privacy, security, surveillance, human rights and other areas of law and politics. These challenges are yet to receive a systematic response. This project aims to examine the effects of machine listening’s em ....The Law and Politics of Machine Listening. Machine listening refers to the branch of AI driving the rapid growth of smart speakers, voice assistants and other always-on listening devices. Many of its applications offer real benefits, but machine listening also poses urgent challenges across privacy, security, surveillance, human rights and other areas of law and politics. These challenges are yet to receive a systematic response. This project aims to examine the effects of machine listening’s emergence in order to develop a conceptual framework for regulation and greater public scrutiny of this growing field of power. These outcomes are intended to impact public policy and enhance the social benefits of future technologies, devices and services that use machine listening techniques.Read moreRead less
Australian labour market adjustment to technology, trade and policy. This project aims to examine how the Australian labour market has adjusted over the past 30 years to several major developments: increased use of computers, growth in international trade and the mining boom, microeconomic reform, and the expansion of higher education. The analysis is designed to encompass the effect on labour market outcomes including workers’ pay, the skill composition of employment, migration flows and indivi ....Australian labour market adjustment to technology, trade and policy. This project aims to examine how the Australian labour market has adjusted over the past 30 years to several major developments: increased use of computers, growth in international trade and the mining boom, microeconomic reform, and the expansion of higher education. The analysis is designed to encompass the effect on labour market outcomes including workers’ pay, the skill composition of employment, migration flows and individuals’ decisions about acquiring education. Having a richer understanding of how the labour market has adjusted in the past may help policy-makers to infer how adjustment will happen in the future. For example, a better understanding of the effects of new technologies would provide a stronger basis for judging trends in job creation and hence the types of skills and training that will be required in Australia in future years.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240101215
Funder
Australian Research Council
Funding Amount
$445,461.00
Summary
New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' ....New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' experiences of bail conditions and remand imprisonment. Expected outcomes include a new framework for conceptualising risk in the context of bail. This should bring significant benefits to policymakers and law reformers seeking to reduce imprisonment and its impacts on disadvantaged groups.Read moreRead less
Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United ....Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United States will respond to contemporary conditions of slow growth, wage stagnation, wealth inequality, population aging and longevity. Project outcomes will include tax reform proposals to benefit policy makers and enrich public debate on tax justice for 21st century economic and fiscal conditions.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