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
Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningfu ....Sentencing Indigenous offenders of partner violence: A fundamental comparative analysis of Indigenous sentencing courts and specialist family violence courts. Courts are often used for rehabilitating offenders, however, there is usually little thought and planning put into the development of court processes so that they can achieve their goals. Since specialist courts are being used to sentence Indigenous offenders of partner violence it is important to make the court experience more meaningful for such offenders so that a reduction of violence in Indigenous communities can begin to occur. The economic and social benefits of reducing violence have direct effects on the individuals affected, and wider, long-term effects on generating more harmonious and cohesive Indigenous families and communities. Read moreRead less
Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with In ....Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with Indigenous women prisoners, court actors and pre-sentence reporters. It seeks to ascertain how local courts represent Indigenous women's experiences such as family violence and family responsibilities and the quality of information before sentencing courts. The project's aim is to ensure appropriate engagement with Indigenous women in courts and sentencing outcomes for Indigenous women offenders.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.
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.
Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analy ....Enhancing court safety by managing people, places and processes. Australia will be better protected 'from terrorism and crime' by having safer courts. High-profile criminal cases can be managed more expeditiously, vulnerable participants will be able to take part more confidently in justice processes, while Australian society more generally will be protected by having courts that provide effective responses to crime while maintaining openness and respect for law. In providing a holistic analysis of safety needs and responses, the study also provides an empirial foundation for developing 'smart information uses', ensuring that surveillance and screening technologies complement court design and training policies to create environments that are physically and psychologically safe.Read moreRead less
Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national co ....Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national community, and policies of multiculturalism and minority rights. This project will trace and interpret references to allegiance and citizenship in Australian jurisprudence, case law, legislation, executive decisions and policy. The project aims to help the public understand the rules governing membership of the Australian community.Read moreRead less
Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more eff ....Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. Read moreRead less
Hate crime laws and justice. This project will investigate how the criminal law and justice system can provide an effective but even-handed response to the problem of prejudice-related crime. It will make recommendations to assist in the formulation of law in this area and advance scholarship on crime and punishment.
Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing con ....Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processes and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia.Read moreRead less