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Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, th ....Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, that these groups will have difficulties applying this reform in practice, and that various procedural, social and financial factors may limit the broad application of this reform. This research is crucial to ensure that the reform results in improved financial security during retirement - especially for women.Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths ....Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths, this early modern discipline is directly relevant to today's renewed concerns with public security against religious terror. The project will both recover the relevance of political jurisprudence, and provide a major historical corrective to anti-juridical and anti-statist research agendas.Read moreRead less
Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The resear ....Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The research program will advance theoretical understanding about social justice in a variety of contexts (eg., organizations, law, government, family). It will also have practical outcomes by suggesting ways of exercising authority that are seen as both effective and fair.Read moreRead less
Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and aroun ....Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and around legal settings. It will identify means of improving the provision and evaluation of expert advice in order to enhance the social legitimacy of our legal institutions and facilitate commercial innovation and productivity.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
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE100100272
Funder
Australian Research Council
Funding Amount
$164,002.00
Summary
Bringing Australian free-access legislation to international best practice standards. Modern Australian law is very heavily based on legislation, and the amount and complexity of legislation increases every year, particularly delegated legislation. It is essential that legislation be interpreted and applied accurately and efficiently for Australia to have high quality legal research, for the operation of the rule of law, and for the effective operation of the legal system. This project will con ....Bringing Australian free-access legislation to international best practice standards. Modern Australian law is very heavily based on legislation, and the amount and complexity of legislation increases every year, particularly delegated legislation. It is essential that legislation be interpreted and applied accurately and efficiently for Australia to have high quality legal research, for the operation of the rule of law, and for the effective operation of the legal system. This project will contribute to all of these national benefits by providing free access for all Australian legal researchers and lawyers to a comprehensive national collection of legislation which meets international best practice standards, includes delegated legislation, and integrates all legislation-related materials.Read moreRead less
Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into ....Judicially Speaking: An Oral History of the High Court of Australia. This project will leave a basic research legacy by creating a history of the High Court in the words of those closest to it. The Court is among our most under-researched national institutions. By deepening understanding of how the High Court has operated in the past, including in response to social and political change, the project will enrich debate about how it should function in the future. It will provide new insights into the evolution of Australian law to meet the challenges of tomorrow and will preserve vital national heritage in the form of the recollections of prominent national figures.Read moreRead less
How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, t ....How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, the project develops a theory of criminalisation; concrete proposals for the reform of core offences, a criminal code and systematic sentencing principles; thereby improving the efficiency, fairness and accountability of the criminal justice system.Read moreRead less
Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of cons ....Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of constructive relationships following disputes and reduce the magnitude and extent of conflicts. This will lead to significant cost savings in the administration of justice as well as reduced legal fees. It will result in more harmonious communities - especially in families and body corporates.Read moreRead less