The Liability of Corporate Groups. The importance of a re-examination of the rules of limited liability has been demonstrated in many recent cases of corporate wrongdoing and collapse. This has been highlighted by the restructuring of the James Hardie Group of companies, the conscious aim of which was the decision to free the group of its asbestos liability 'legacy'. Were it not for government intervention, thousands of persons injured by asbestos products would have gone without compensation. ....The Liability of Corporate Groups. The importance of a re-examination of the rules of limited liability has been demonstrated in many recent cases of corporate wrongdoing and collapse. This has been highlighted by the restructuring of the James Hardie Group of companies, the conscious aim of which was the decision to free the group of its asbestos liability 'legacy'. Were it not for government intervention, thousands of persons injured by asbestos products would have gone without compensation. One means by which such unfairness can be avoided is by reform to the rules of limited liability. This project will explore the means by which this could be achieved.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
Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field ....Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field has taken on a risk-based preventative orientation. This will contribute new perspectives and considerations for the assessment and development of fire prevention and urban security in the 21st century.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
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. Read moreRead less
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
The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regu ....The Nature of Regulatory Compliance: An Analysis of the Responses of Business Organisations to Constitutive Regulation of Working Relationships. This project examines an under-researched area of vital importance to the effective implementation of workplace regulation. It investigates the way in which business organisations respond to four areas of labour regulation (covering occupational health and safety, unfair dismissal, equal opportunity and harassment). To what extent do these areas of regulation have the capacity to bring about changes in the culture, policies and operating procedures of organisations? What obstacles that impede organisations? attempts to comply with the regulatory requirements? The project will result in the usual academic publications, and workshops for the government agencies administering the legislation involved in the study.Read moreRead less
Special Research Initiatives - Grant ID: SR0567506
Funder
Australian Research Council
Funding Amount
$70,000.00
Summary
Peer-to-Peer collaborative research network for sharing and managing digital legal information. The aim of this project is to develop a collaborative research network using P2P technology to allow research across multiple disciplines for an open exchange of information. Current P2P technology only supports general information sharing. This research will investigate how to use P2P technology to incorporate digital rights management and network authentication, and to facilitate existing open acces ....Peer-to-Peer collaborative research network for sharing and managing digital legal information. The aim of this project is to develop a collaborative research network using P2P technology to allow research across multiple disciplines for an open exchange of information. Current P2P technology only supports general information sharing. This research will investigate how to use P2P technology to incorporate digital rights management and network authentication, and to facilitate existing open access initiatives, traditional scholarly publishing models and emerging research practices. The collaborations between IT and legal industry will be established and expanded significantly in the scope of e-research for sharing legal resources. A P2P prototype will be developed to facilitate legal users and applications.Read moreRead less
Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that acco ....Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that accounts for recent shifts in Australian governance. It will generate a meta-regulatory theory of law. Understanding meta-regulation may enhance regulatory effectiveness, social and procedural justice while advancing the international competitiveness of Australian regulationRead moreRead less