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
Discovery Early Career Researcher Award - Grant ID: DE240100636
Funder
Australian Research Council
Funding Amount
$429,000.00
Summary
Universal Legal Identity and the Sustainable Development Goals. This project is the first comprehensive study into the risks of exclusion associated with the pursuit of the universal legal identity target enshrined in the Sustainable Development Goals. Through a systematic examination of legal identification initiatives at international and country levels, in Indonesia, Thailand and Cambodia, the project will generate new knowledge on how exclusion in legal identity regimes is produced and who i ....Universal Legal Identity and the Sustainable Development Goals. This project is the first comprehensive study into the risks of exclusion associated with the pursuit of the universal legal identity target enshrined in the Sustainable Development Goals. Through a systematic examination of legal identification initiatives at international and country levels, in Indonesia, Thailand and Cambodia, the project will generate new knowledge on how exclusion in legal identity regimes is produced and who it affects. Outcomes include improved understanding of these risks and practical guidance to address them. Expected benefits include more inclusive state and non-state approaches to legal identity, as well as enhanced protections and development opportunities for marginalised populations in different contexts.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
Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognit ....Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognitive impairment in three jurisdictions. This is intended to inform scholarly and public debates and to contribute to policies and practices that reduce inequality and enhance justice.Read moreRead less
Special Research Initiatives - Grant ID: SR200200550
Funder
Australian Research Council
Funding Amount
$113,075.00
Summary
Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian com ....Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian community, contextualizing these in the social and political culture of their time. Outcomes include a historically grounded understanding of what makes Australian society cohere, and the challenges created at key points in time by shifting and sometimes conflicting legal and social visions of Australian citizenship. 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
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
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
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