Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulatio ....Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries. This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulation and high technology law enforcement with an eminent United States Partner Investigator in False Claims litigation. Reducing fraud and anti-competitive behaviour could be critical to survivability of the PBS and the benefits it brings particularly to an ageing population. 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 Jurors' Perspectives on Expert Evidence. This inter-state, industry and research collaborative project will shed light on how courts, lawyers and experts can best work together to assist juries in their decision-making task. With the cost of a criminal jury trial running well in excess of $20,000 per day, policy-makers are keen to find ways of improving the efficiency of criminal trials. Improving the performance of the jury system will benefit the Australian community by enhancing th ....Australian Jurors' Perspectives on Expert Evidence. This inter-state, industry and research collaborative project will shed light on how courts, lawyers and experts can best work together to assist juries in their decision-making task. With the cost of a criminal jury trial running well in excess of $20,000 per day, policy-makers are keen to find ways of improving the efficiency of criminal trials. Improving the performance of the jury system will benefit the Australian community by enhancing the quality and reducing the cost of the criminal justice system. By intimately involving the judges and forensic scientists in this project we maximise the potential for the results of our research to be adopted by those in a position to improve the jury system.Read moreRead less
Juries and interactive visual evidence: impacts on deliberation processes and outcomes. Australia confronts new types of security threat in the form of terrorist networks, sophisticated money-laundering and people-smuggling operations. The AFP and prosecutors are developing new display technologies to explain complex information to jurors, in the process simplifying court processes and shortening trials. At the cutting edge of this development are interactive displays, including computer simulat ....Juries and interactive visual evidence: impacts on deliberation processes and outcomes. Australia confronts new types of security threat in the form of terrorist networks, sophisticated money-laundering and people-smuggling operations. The AFP and prosecutors are developing new display technologies to explain complex information to jurors, in the process simplifying court processes and shortening trials. At the cutting edge of this development are interactive displays, including computer simulations and 360o crime scene reconstructions. Judges will use empirical information about how juries use such information in order to develop appropriate guidelines for admitting interactive visual evidence, while court planners and architects will use the project data to identify implications for court procedures and design.
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Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesi ....Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesia, Vietnam and Singapore, so better support can be provided both for Australians facing drug-related charges and for Australian governments in developing policies and strategies in response to the issues these trials create.Read moreRead less
Drug Companies, their Patenting Strategies and High-Cost Pharmaceuticals: An Empirical Investigation. Pharmaceuticals are a vital part of clinical services that maintain and improve Australia's health; they are also costly, absorbing a substantial proportion of the national health expenditures. By conferring market protections, the patent system helps the manufacturers of pharmaceuticals to recoup the high costs of research associated with developing new products. Abuses of the patent system by ....Drug Companies, their Patenting Strategies and High-Cost Pharmaceuticals: An Empirical Investigation. Pharmaceuticals are a vital part of clinical services that maintain and improve Australia's health; they are also costly, absorbing a substantial proportion of the national health expenditures. By conferring market protections, the patent system helps the manufacturers of pharmaceuticals to recoup the high costs of research associated with developing new products. Abuses of the patent system by pharmaceutical manufacturers have the potential to stifle competition and inappropriately raise the costs of pharmaceuticals to society. This innovative, cross-disciplinary, research will investigate the existence of abusive patents and, if necessary, propose reforms that will prevent further abuse and reduce the size of the health budget. Read moreRead less
Regulating Medical Nanotechnology in Australia: Developing Practical Improvements in Safety and Cost-Effectiveness Analysis. This Project will provide policy makers with previously unavailable detailed information and well developed, innovative regulatory options, on how best to ensure safe and cost-effective use of one of the fastest growing areas of Australian research and development: medical nanotechnology. The Project will benefit Australian healthcare workers and patients who will increasi ....Regulating Medical Nanotechnology in Australia: Developing Practical Improvements in Safety and Cost-Effectiveness Analysis. This Project will provide policy makers with previously unavailable detailed information and well developed, innovative regulatory options, on how best to ensure safe and cost-effective use of one of the fastest growing areas of Australian research and development: medical nanotechnology. The Project will benefit Australian healthcare workers and patients who will increasingly be exposed to, and concerned about, the risks of medical nanotechnology. It will help to facilitate export and institutional uptake of Australian medical nanotechnology products, by ensuring they comply with world's best practise safety standards and offer value for public expenditure. Read moreRead less
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
New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it ....New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it fails to recognise that state-based law is neither closed nor autonomous. This project will develop an innovative approach to legal pluralism, and strengthen pluralist thought within Australian law.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