'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less
The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better d ....The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better decisions in this important and controversial area. This will have benefits for the happiness, health and prosperity of children and their parents. Better decision-making will also reduce the costs to government of family breakdown. Read moreRead less
WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of th ....WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of the causes and effectiveness of enforcement proceedings. The research findings will provide a sound basis for assessing the current approach to contraventions of contact orders, and for designing any necessary reforms.Read moreRead less
An investigation of two non-punitive crime control strategies for the illicit traffic in S.E. Asian antiquities. The preservation of cultural heritage is significant for the maintenance of national identity and security. The illegal plunder and international trafficking of cultural heritage, not infrequently linked with other international crime, is of national and regional concern. The response to the destruction of the Iraq Museum evidences the level of community concern. However, the nature o ....An investigation of two non-punitive crime control strategies for the illicit traffic in S.E. Asian antiquities. The preservation of cultural heritage is significant for the maintenance of national identity and security. The illegal plunder and international trafficking of cultural heritage, not infrequently linked with other international crime, is of national and regional concern. The response to the destruction of the Iraq Museum evidences the level of community concern. However, the nature of the illicit antiquities market means that traditional punitive crime control strategies are ineffective. The Australian government has participated in international efforts to develop new control strategies for this form of international crime. Focusing on the illicit market in SE Asian antiquities, this research investigates two non- punitive strategies. Read moreRead less
Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to res ....Sentencing and public confidence: public perceptions and the role of the public in sentencing practice and policy. Public confidence is critical to the effective operation of the criminal justice system. This project will generate much needed current national data on public attitudes about sentencing. It examines avenues for the incorporation of public opinion into sentencing policy and processes, and provides accurate measures of the factors involved. The results will enable governments to respond to periodic crises in public confidence in constructive and informed ways, rather than act in response to law and order rhetoric, linked with harsh sentencing regimes, and costly and potentially unnecessary increases in incarceration rates.Read moreRead less
Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant ....Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant long term financial and other benefits to the nation and will also produce more specific benefits as a result of its case studies of health and water management.Read moreRead less
...and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent .......and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent international procedures in other jurisdictions, in order to inform Australian policy in current and ongoing negotiations towards global harmonisation. Material from this project will lead directly to proposals for improving the Australian patent system, and ensuring that it promotes, and does not retard, innovation. Read moreRead less
'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and h ....'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker-employer relationships which will, in turn, maximise this country's creative and technological capability. 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