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
Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impa ....Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impact of Indigenous Reports on sentencing. This project seeks to improve sentencing processes and outcomes for Indigenous defendants by providing courts with reports that address personal and community circumstances of Indigenous women, provide relevant sentencing options and are accompanied with appropriate supports.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
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
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
Legal and social dynamics of eBook lending in Australia’s public libraries. Legal and social dynamics of eBook lending in Australia’s public libraries. This project aims to develop an evidence base of quantitative and qualitative data about how eBooks are used in libraries. EBooks have tremendous beneficial potential, particularly for Australians in remote areas and those with impaired mobility or vision. However, libraries’ rights to acquire and lend them are more restricted than for physical b ....Legal and social dynamics of eBook lending in Australia’s public libraries. Legal and social dynamics of eBook lending in Australia’s public libraries. This project aims to develop an evidence base of quantitative and qualitative data about how eBooks are used in libraries. EBooks have tremendous beneficial potential, particularly for Australians in remote areas and those with impaired mobility or vision. However, libraries’ rights to acquire and lend them are more restricted than for physical books. Libraries and legal, social and data science researchers will investigate eBook lending practices and understand their social impacts. The project will identify ways of reforming policy, law, and practice to help libraries fulfil their public interest missions. This project is expected to enable libraries to extract more value from existing public investments.Read moreRead less
Property as habitat: reintegrating place, people, and law. This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an unders ....Property as habitat: reintegrating place, people, and law. This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an understanding of property as habitat that is both sensitive to place and adapted to social conditions. Expected benefits include a responsive understanding of property that is better able to address the challenges of Australian society into the future.Read moreRead less
Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and ....Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and risks of digital divorce apps. Expected outcomes include the first web-based decision-making tool to help separated parents make important decisions about managing post-separation communication. This should provide significant benefits, including a reduced risk of parental conflict and better outcomes for children.Read moreRead less
Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of c ....Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of court decisions that have recently become available, as well as the implementing laws and institutions supporting IP. It aims to show the bargaining processes about the future of the system between the government and foreign investors as well as citizens and between different institutions, thereby providing valuable information to Australian businesses and the government.Read moreRead less
Food security and the governance of local knowledge in India and Indonesia. This project aims to discover how local farming communities’ practical knowledge can improve food security. 795 million undernourished people rely on small farmers for food. To protect these farmers from multinational agribusiness and climate change, this project will examine how small farmers turn useful plant material into cultivated crops through plant selection and breeding under conditions of climate change; identif ....Food security and the governance of local knowledge in India and Indonesia. This project aims to discover how local farming communities’ practical knowledge can improve food security. 795 million undernourished people rely on small farmers for food. To protect these farmers from multinational agribusiness and climate change, this project will examine how small farmers turn useful plant material into cultivated crops through plant selection and breeding under conditions of climate change; identify how regulatory structures in India and Indonesia help or hinder this process; and identify opportunities to apply local knowledge and its regulatory framework in Australia. Better understanding local conditions should benefit regulators, NGOs, businesses and aid agencies.Read moreRead less