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The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.Read moreRead less
Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, ....Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, the project makes an Australian contribution to international research into the journeys and legacies of European émigré lawyers. The project provides important new knowledge about the role of migration in shaping Australian legal institutions. Read moreRead less
The effects of female genital mutilation laws in Australia. This project aims to produce new knowledge about laws that have criminalised female genital mutilation (FGM) in Australia since 1994. FGM laws are now subject to robust international criticism, as well as increased concerns among the affected communities. Through the use of innovative primary data collection strategies with law and policy makers, justice system officials and with affected communities in Australia and the UK, the proje ....The effects of female genital mutilation laws in Australia. This project aims to produce new knowledge about laws that have criminalised female genital mutilation (FGM) in Australia since 1994. FGM laws are now subject to robust international criticism, as well as increased concerns among the affected communities. Through the use of innovative primary data collection strategies with law and policy makers, justice system officials and with affected communities in Australia and the UK, the project seeks to produce robust evidence and original insights into the effects of these laws and the potential impacts of proposed legal initiatives. Expected benefits include enhanced legal and policy approaches to FGM that will assist with safeguarding the wellbeing of women and children.Read moreRead less
Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail g ....Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail grocery sector. In the first Australian research of its kind, it endeavours to explain how the chains' strategies and industry relationships influence regulatory action. The research is expected to produce recommendations on instruments and techniques to ensure that regulation of the sector is legally and practically efficient and effective.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100599
Funder
Australian Research Council
Funding Amount
$363,487.00
Summary
Regulation and governance for Indigenous welfare. This project aims to study three welfare delivery programs that particularly impact upon Indigenous peoples. Indigenous welfare recipients living in remote Australia are subject to regulatory frameworks that make social security payments contingent on meeting conditions, with significant penalties for non-compliance with program requirements. The goal is to examine the regulation and governance that underpin these three programs. The intended out ....Regulation and governance for Indigenous welfare. This project aims to study three welfare delivery programs that particularly impact upon Indigenous peoples. Indigenous welfare recipients living in remote Australia are subject to regulatory frameworks that make social security payments contingent on meeting conditions, with significant penalties for non-compliance with program requirements. The goal is to examine the regulation and governance that underpin these three programs. The intended outcome is to identify social security principles and policies that are likely to work best in improving the welfare of Indigenous peoples while benefiting the delivery of social security in Australia and beyond.Read moreRead less
The court as archive: rethinking the institutional role of federal superior courts of record. This project examines the institutional role of federal superior courts of record to ground an analysis of their responsibilities as curators of a significant national archive. It will provide principles for the administration of court records that respond to the competing legal and civic demands of contemporary Australian society.
Tenants of the soil: adapting agricultural land ownership in Australia. Resolving the problem of environmental degradation on agricultural land, which is 60% of Australia’s land surface, is a major challenge. By engaging with farmers whose innovative practices have generated environmental and productivity benefits, this project aims to investigate the co-constructive relationship between land ownership, land use decision making and geography. The project tackles conventional accounts treating pr ....Tenants of the soil: adapting agricultural land ownership in Australia. Resolving the problem of environmental degradation on agricultural land, which is 60% of Australia’s land surface, is a major challenge. By engaging with farmers whose innovative practices have generated environmental and productivity benefits, this project aims to investigate the co-constructive relationship between land ownership, land use decision making and geography. The project tackles conventional accounts treating private property rights in agricultural land as unavoidably opposed to environmental goals. A key projected outcome is a set of rich case studies showing how geography shapes land use decision-making. This new approach provides much-needed evidence to inform law reform that transcends the public law/private rights impasse.Read moreRead less
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
Measuring and evaluating performance in securities market regulation. The global financial crisis continues to generate ‘wicked’ problems of acute social and legal complexity. These have profound implications for the theory and practice of corporate governance and financial regulation. This project will map and evaluate the interaction of rules, principles and social norms to create accountable governance mechanisms.
Regulation and social capital. This project looks at regulation from the perspective of regulators and regulated communities. It seeks an account of regulatory implementation that is most likely to produce respectful, cooperative and effective engagement between authorities and the public.