Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of cons ....Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of constructive relationships following disputes and reduce the magnitude and extent of conflicts. This will lead to significant cost savings in the administration of justice as well as reduced legal fees. It will result in more harmonious communities - especially in families and body corporates.Read moreRead less
Mapping argumentation structures to narrative for eCommerce dialogue support. Argumentation theories have proven to be essential for structuring reasoning and the provision of intelligent computer support. However, stilted human - computer interaction limits the effectiveness of argumentation for reasoning support. This research aims to realize a narrative model that, once mapped onto an existing argumentation model will enable users to dialogue with computer systems using story telling metapho ....Mapping argumentation structures to narrative for eCommerce dialogue support. Argumentation theories have proven to be essential for structuring reasoning and the provision of intelligent computer support. However, stilted human - computer interaction limits the effectiveness of argumentation for reasoning support. This research aims to realize a narrative model that, once mapped onto an existing argumentation model will enable users to dialogue with computer systems using story telling metaphors. This will facilitate the adoption of knowledge based support, particularly for e-commerce discourses involving multiple participants. Applied to legal reasoning, this approach has natural application for facilitating just outcomes for residents regardless of geographical location.Read moreRead less
Knowledge Discovery in Discretionary Legal Domains. The development of legal decision support systems in discretionary domains will lead to: (1) Consistency; (2) Transparency; (3) Efficiency; and (4) Enhanced support for dispute resolution. The researchers on this project have been using the World Wide Web to disseminate legal knowledge.
With the collaboration of Victoria Legal Aid and JUSTSYS, we propose to use knowledge discovery from databases and argumentation techniques to model how discre ....Knowledge Discovery in Discretionary Legal Domains. The development of legal decision support systems in discretionary domains will lead to: (1) Consistency; (2) Transparency; (3) Efficiency; and (4) Enhanced support for dispute resolution. The researchers on this project have been using the World Wide Web to disseminate legal knowledge.
With the collaboration of Victoria Legal Aid and JUSTSYS, we propose to use knowledge discovery from databases and argumentation techniques to model how discretionary legal decision-makers operate. A significant application of the research will be the construction of a prototype for assisting criminal law defense lawyers to make arguments with regard to their client's sentences.Read moreRead less
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.Read moreRead less
Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwea ....Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwealth and State levels. It will provide the basis for a more informed debate in this important area and will assess the need for reform of the current system.Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanism ....Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanisms, in both policy and practice. It is of national significance as it will demonstrate the extent to which statutory objectives of fairness, comprehensibility and accessibility are achieved, particularly from the perspectives of participants in appeals. The research has critical implications for legislation, policy and practice in administrative law and tribunal practice. Read moreRead less
Interpreting Constitutions: A Comparative and Theoretical Study. Constitutional provisions that are ambiguous, vague, or insufficiently explicit must often be interpreted by judges. Should the judges be guided by contemporary values, rather than the original intentions of the founders? That is problematic, because interpretation is then difficult to distinguish from change. Constitutions usually require that they be changed only by some special, democratic procedure. Australian scholars have onl ....Interpreting Constitutions: A Comparative and Theoretical Study. Constitutional provisions that are ambiguous, vague, or insufficiently explicit must often be interpreted by judges. Should the judges be guided by contemporary values, rather than the original intentions of the founders? That is problematic, because interpretation is then difficult to distinguish from change. Constitutions usually require that they be changed only by some special, democratic procedure. Australian scholars have only begun to consider such issues, which have been debated in America for decades. This project will involve a comparison of the methodologies of constitutional interpretation in five different countries, and a theoretical inquiry into the underlying normative and linguistic principles.Read moreRead less
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and ju ....Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and judicial contexts in two of its Southeast Asian neighbours. The research will inform Australia's aid investments in Cambodia and Vietnam, the region and internationally. It will enhance Australia's ability to achieve more effective design, implementation and evaluation of court-related aid interventions. Read moreRead less