Defining, regulating and taxing the not-for-profit sector in Australia: Law and policy for the 21st century. The not-for-profit sector is crucial to the economy and social inclusion in Australia. The sector's role and significance is growing but it struggles with complex and disparate taxation requirements and piecemeal supervision by state and federal governments. This project addresses both the needs of the sector and public expectations of it by comprehensively researching legal definition, r ....Defining, regulating and taxing the not-for-profit sector in Australia: Law and policy for the 21st century. The not-for-profit sector is crucial to the economy and social inclusion in Australia. The sector's role and significance is growing but it struggles with complex and disparate taxation requirements and piecemeal supervision by state and federal governments. This project addresses both the needs of the sector and public expectations of it by comprehensively researching legal definition, regulation and tax rules and recommending appropriate reform, thereby making a significant contribution to National Priority Research area, Promoting and Maintaining Good Health and Well Being, Priority Goal 4, 'understanding and strengthening key elements of Australia's social and economic fabric'.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
New models of co-operative federalism in Australia: constitutional principles and practice. This project will research the effect of intergovernmental co-operation, through bodies such as the Council of Australian Governments, on Australia's system of constitutional democracy. It will determine how federal governance can be made more effective while respecting State autonomy and maintaining parliamentary and public accountability.
Australian supply chain regulation: practical operation and regulatory effectiveness. This project uses empirical research to examine the practical operation and effectiveness of three innovative Australian regulatory models designed to improve working conditions in supply chains in the clothing, long-haul transport and cash-in-transit industries. The project will result in proposals for reform and improved working conditions.
A comparative study of the prerogative and reserve powers in Commonwealth nations. This project will compare and analyse the exercise of unwritten executive powers (such as emergency powers and the power to dismiss governments) in Commonwealth countries with similar systems of government to ours. It will assist in developing good governance in our region and a better understanding of the limits of executive power in Australia.
Intellectual property and climate change: inventing clean technologies. By providing recommendations about intellectual property law, policy and practice to policy-makers and stakeholders, this project will promote research and development of clean technologies in Australia. It will also facilitate the transfer of such technologies in Australia and to developing countries and least developed countries.
The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for count ....The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for countries because traditional refugee frameworks are ill-suited to respond. The question this project asks is: if people cross a border to escape future harm, how ‘imminent’ does the harm need to be before another country has an obligation to protect them? Should international law protect only people who face the risk of immediate danger, or should it also protect those at risk of harm that may manifest more slowly over time?Read moreRead less
A Federation of cultures? Innovative approaches to multicultural accommodation. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights.
Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less
Terrorism and the international law of armed conflict. This project investigates the scope, effectiveness and legitimacy of the international law of armed conflict as it applies to terrorist and counter-terrorist violence in armed conflicts. It aims to improve understanding of the legal regulation of such violence and thus ultimately to diminish human suffering in war.