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Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burd ....Reform of the Personal Liability of Directors for Unpaid Employee Entitlements. The financing of business and the provision of labour services to the corporate sector are central to the nation's economic health. Loss of employment, employee entitlements and the fallout of business collapse impact on every aspect of social and economic life. The ability of employees to recover lost entitlements has emerged as an issue critical to a sustainable, efficient and equitable economy. Presently, the burden of compensating unpaid employee entitlements is carried by the taxpayer through the General Employment Entitlements and Redundancy Scheme. Director liability provisions which make placing failing companies into voluntary administration an attractive option could relieve that burden. Read moreRead less
Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing ....Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing regional stability and creating a safe and more predictable environment. Understanding the role that lawyers play in this process is a vital component of regional security.Read moreRead less
Local responses to missing persons and post-conflict peacebuilding . This project aims to fundamentally reshape dominant thinking on the problem of missing persons in post-conflict peacebuilding. Through the first large-scale comparative ethnography of Timor-Leste and Sri Lanka, the research will bring local community approaches, needs and practices around the missing in from the margins to the centre of scholarly analysis and practice. Outcomes include new knowledge about local agency and commu ....Local responses to missing persons and post-conflict peacebuilding . This project aims to fundamentally reshape dominant thinking on the problem of missing persons in post-conflict peacebuilding. Through the first large-scale comparative ethnography of Timor-Leste and Sri Lanka, the research will bring local community approaches, needs and practices around the missing in from the margins to the centre of scholarly analysis and practice. Outcomes include new knowledge about local agency and community understandings of the missing that are relevant to peacebuilding, and enhanced collaborations with scholars and policymakers. Expected benefits include improved international, state and NGO responses to missing persons to meet the needs of families and communities and facilitate sustainable peace after conflict.Read moreRead less
LAW AND LITERATURE: A HISTORICAL AND INTERDISCIPLINARY STUDY. This project is a comprehensive new study of the relations between law and literature from a historical and interdisciplinary perspective. It examines the evolving links and the tensions between these two fields, investigating law's shaping of literature and the literary mediation of law across a range of periods and common law jurisdictions. In addition to its particular findings, it will contribute to theoretical debates about Law a ....LAW AND LITERATURE: A HISTORICAL AND INTERDISCIPLINARY STUDY. This project is a comprehensive new study of the relations between law and literature from a historical and interdisciplinary perspective. It examines the evolving links and the tensions between these two fields, investigating law's shaping of literature and the literary mediation of law across a range of periods and common law jurisdictions. In addition to its particular findings, it will contribute to theoretical debates about Law and Literature as an interdisciplinary endeavour. The intended outcome is a 100,000 word book, already contracted for publication.Read moreRead less
Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in inte ....Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in interventions, alliances and treaty making that sometimes support and sometimes undermine sovereignty. This project will assist Australia in its dealings with the world by building a new interdisciplinary model of sovereignty that resolves conceptual confusions and assists us in dealing with the international problems that we face.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
Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing front ....Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing frontier practices, ameliorating the polarising effects of recent debates surrounding this historiography. As the war on terrorism has again seen the suspension of the law in certain circumstances, investigations into the strengths and limits of the rule of law are opportune and timely.Read moreRead less
Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national co ....Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national community, and policies of multiculturalism and minority rights. This project will trace and interpret references to allegiance and citizenship in Australian jurisprudence, case law, legislation, executive decisions and policy. The project aims to help the public understand the rules governing membership of the Australian community.Read moreRead less
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less
A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a tran ....A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trial. Read moreRead less