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Waiting For Law: Land, Custom and Legal Regulation in East Timor. The project contributes to a national research priority: safeguarding Australia. Conflicts over customary lands have played important roles in the 'arc of instability' to our North, including in relation to natural resources (Aceh, West Papua, Bougainville) and land alienated or leased to "outsiders" (Solomon Islands, Vanuatu, Fiji). Developing an effective model for regulating customary lands in East Timor will (1) safeguard ou ....Waiting For Law: Land, Custom and Legal Regulation in East Timor. The project contributes to a national research priority: safeguarding Australia. Conflicts over customary lands have played important roles in the 'arc of instability' to our North, including in relation to natural resources (Aceh, West Papua, Bougainville) and land alienated or leased to "outsiders" (Solomon Islands, Vanuatu, Fiji). Developing an effective model for regulating customary lands in East Timor will (1) safeguard our considerable aid and military assistance contributions to East Timor, (2) serve Australia's interest in regional stability and sustainable development, and (3) offer potential comparative lessons for land and resource-related conflicts in Indonesia and the South Pacific.Read moreRead less
A National infrastructure to manage land information. Australia is one of about 30 countries in the world capable of managing land transactions in reliable land registers. The administrative framework however is 150 years old, built according to a 19th century statutory model appropriate to a less complicated and slower land market. Now land information, and particularly the digital land parcel map, is Australia's most valuable but underutilised asset. The project will translate popular spatial ....A National infrastructure to manage land information. Australia is one of about 30 countries in the world capable of managing land transactions in reliable land registers. The administrative framework however is 150 years old, built according to a 19th century statutory model appropriate to a less complicated and slower land market. Now land information, and particularly the digital land parcel map, is Australia's most valuable but underutilised asset. The project will translate popular spatial technologies into national business tools to better manage land information for the government, community and private sectors.Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less
An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable developmen ....An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable development of resources jeopardising Australia's future environmental well being. This research aims to be the first to provide a legal and policy framework which integrates land ownership and principles of sustainable development to facilitate greater understanding and management of our environmental and social obligations for future generations. Read moreRead less
An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a ....An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a consistent and coherent approach to this national (and international) issue to make the operation of any scheme more effective thus leading to a reduction of carbon emissions.Read moreRead less
Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burd ....Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burden of compensating unpaid employee entitlements is carried by the taxpayer through the General Employment Entitlements and Redundancy Scheme. Director liability provisions which make placing failing companies into voluntary administration an attractive option could relieve that burden. Read moreRead less
Mine, yours, theirs, and ours: examining the tension between private and community interests in property. Property is increasingly characterised by a tension between private rights and broader community interests, such as those relating to the environment, heritage and the public cultural domain. This project will create a new understanding of the nature of property which takes into consideration the need to balance community and individual interests.
Discovery Early Career Researcher Award - Grant ID: DE230100622
Funder
Australian Research Council
Funding Amount
$452,350.00
Summary
Ending Aqua Nullius: Sustainable and Legitimate Water Law in Settler States. This project aims to investigate how treaty and agreement making can lead to water law reform in settler colonial states. This project will use interdisciplinary approaches in Australia, Aotearoa New Zealand, Canada and the US to develop new knowledge of how Indigenous sovereignty shapes water law. Expected outcomes of this project include enhanced collaborations between researchers and Indigenous Peoples, evidence-base ....Ending Aqua Nullius: Sustainable and Legitimate Water Law in Settler States. This project aims to investigate how treaty and agreement making can lead to water law reform in settler colonial states. This project will use interdisciplinary approaches in Australia, Aotearoa New Zealand, Canada and the US to develop new knowledge of how Indigenous sovereignty shapes water law. Expected outcomes of this project include enhanced collaborations between researchers and Indigenous Peoples, evidence-based law and policy guidelines for ethical, pluralist water laws, and context-specific pathways for water law reform developed in partnership with Indigenous Peoples as part of Treaty-making. This should provide significant benefits, such as improving both the legitimacy and ecological sustainability of water law in Australia.Read moreRead less
Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing ....Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing regional stability and creating a safe and more predictable environment. Understanding the role that lawyers play in this process is a vital component of regional security.Read moreRead less