ORCID Profile
0000-0001-8620-1513
Current Organisation
The University of Newcastle
Does something not look right? The information on this page has been harvested from data sources that may not be up to date. We continue to work with information providers to improve coverage and quality. To report an issue, use the Feedback Form.
Publisher: Elsevier BV
Date: 2018
DOI: 10.2139/SSRN.3270642
Publisher: Informa UK Limited
Date: 24-05-2021
Publisher: Victoria University
Date: 29-10-2014
Abstract: Historical acknowledgements of delays in the justice system often recognise the perspective of the accused or the disputant, and suggest that for a person seeking justice, the time taken for resolution of their issue is critical to the justice experience. In essence, these acknowledgements are consistent with more recent research which has shown that the time taken to deal with a dispute is a, and in many cases the, critical factor in determining whether or not people consider that the justice system is just and fair. This article considers issues in the justice system that are related to timeliness and the interconnectedness of the definition of delay and contends that the nature of delay in the current justice environment is contingent on many aspects and mechanisms utilised by the modern justice system. The question of whether justice delayed is justice denied appears to depend on whether delay is inappropriate, out of proportion or avoidable.
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3720979
Publisher: Springer International Publishing
Date: 2020
Publisher: Wiley
Date: 09-2022
DOI: 10.1111/JOLS.12381
Publisher: SAGE Publications
Date: 21-10-2020
Abstract: During the COVID-19 pandemic, courts around the world have introduced a range of technologies to cope with social distancing requirements. Jury trials have been largely delayed, although some jurisdictions moved to remote jury approaches and video conferencing was used extensively for bail applications. While videoconferencing has been used to a more limited extent in the area of sentencing, many were appalled by the news that two people were sentenced to death via Zoom. This article uses actor-network theory (ANT) to explore the role of technology in reshaping the experience of those involved in the sentencing of Punithan Genasan in Singapore.
Publisher: Bond University
Date: 08-01-2020
DOI: 10.53300/001C.11636
Abstract: The Australian Financial Services Reform Act 2001 (Cth) requires that licenced banking and financial services providers establish internal dispute resolution (‘IDR’) systems complying with requirements promulgated by the Australian Securities and Investments Commission (‘ASIC’). In addition, licence holders are required to be members of an ASIC approved External Dispute Resolution (‘EDR’) scheme so that if a complaint is not resolved following the use of internal mechanisms, an external dispute resolution facility is available for most banking consumers. In late 2018, a new EDR body was established, the Australian Financial Complaints Authority (‘AFCA’), to deal with external complaints. The 2018 Royal Commission into the banking and finance sector uncovered significant issues in terms of the banking and financial sector and raised a number of serious concerns that were largely linked to how consumers contracted with banks and other organisations however information about existing complaint handling arrangements was limited. In particular, there was little demographic information about consumers who use IDR and EDR arrangements or what factors may be relevant in terms of the settlement of complaints and disputes. In this regard, currently sections 912A(1)(g), (2) of the Corporations Act direct the form of AFSL holders’ IDR and EDR systems, but they do not impose any obligations on AFSL holders in terms of conduct when providing the systems. In terms of consumers more generally, it is unclear how many consumers could be classified as ‘vulnerable’ and may settle a dispute on less favourable terms because the impact of proceeding may place them in an even more disadvantageous position. It is suggested that better reporting in relation to IDR and EDR activity together with targeted independent advocacy services and training of relevant staff in respect of the Australian Consumer Law could assist consumers and enable more effective reporting of misconduct issues.
Publisher: Victoria University
Date: 15-06-2012
Abstract: The behaviour of those engaged in negotiation and Alternative Dispute Resolution (‘ADR’) processes that are undertaken or required before or after litigation is increasingly the subject of legislative regulation. Recent case law has also more clearly articulated the characteristics of good faith as well as other standards such as ‘genuine effort’ and explored to a limited extent the behavioural indicators and approaches that could be used to determine the meaning and scope of these types of concepts. Arguably, the growth in mandatory (rather than voluntary) ADR may require the articulation of clearer conduct obligations as ADR participants may be disinclined to negotiate or may be relatively unsophisticated or unaware of their negotiation behaviour. This article explores the development of conduct obligations and notes that whilst the requirements need to be linked to the circumstances of each dispute, there are some clear differences in terms of how these requirements are more generally interpreted by lawyers and others.
Publisher: Elsevier BV
Date: 2018
DOI: 10.2139/SSRN.3269693
Publisher: International Association for Court Administration
Date: 2021
DOI: 10.36745/IJCA.367
Publisher: Edward Elgar Publishing
Date: 13-05-2021
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3662091
Publisher: Routledge
Date: 24-11-2020
Publisher: Monash University
Date: 2019
Publisher: Routledge
Date: 24-11-2020
Publisher: Routledge
Date: 24-11-2020
Publisher: Springer International Publishing
Date: 2019
Publisher: Springer Singapore
Date: 2018
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3595910
Publisher: Springer Singapore
Date: 2018
Publisher: Elsevier BV
Date: 12-2020
Publisher: Routledge
Date: 20-10-2023
Publisher: Westburn Publishers
Date: 03-2019
Publisher: Springer Netherlands
Date: 2007
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3646607
Publisher: Elsevier BV
Date: 2016
DOI: 10.2139/SSRN.2721471
Publisher: Elsevier BV
Date: 09-2016
DOI: 10.1016/J.IJLP.2016.06.010
Abstract: Robert Burt in, "The Yale School of Law and Psychoanalysis, from 1963 Onward", in this issue, explains and laments a decline in influence of psychoanalytic ideas in legal thinking. He notes "the fundamental similarity that both litigation and psychotherapy involve recollections of past events", buttressing his argument with eight parallels between the two. In this article we take up Burt's theme, first noting the relationship between therapeutic jurisprudence and psychoanalytic concepts before presenting an outline for a psychoanalytical understanding of the judicial role. We then consider the litigation process from the linked perspectives of therapeutic jurisprudence and psychoanalysis before closing with a reflection on the eight parallels elaborated by Burt.
Publisher: Elsevier BV
Date: 2017
DOI: 10.2139/SSRN.3040402
Publisher: Elsevier BV
Date: 2016
DOI: 10.2139/SSRN.2400776
Publisher: Elsevier BV
Date: 2016
DOI: 10.2139/SSRN.2721531
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3672995
Publisher: Routledge
Date: 24-11-2020
Publisher: Westburn Publishers
Date: 03-2019
Publisher: Springer Netherlands
Date: 2007
Publisher: Oxford University Press (OUP)
Date: 06-2021
Abstract: This article explores the emergence of Automated Vehicles (AVs) in Australia. It will investigate the legal and regulatory terrain. International and domestic approaches are examined to determine potential responses. The regulatory issues emerge partly due to the varied nature of artificial intelligence systems and processes that enable AVs to function. The variations may be due to the chosen domain model, software development processes, or the development of biases that may occur during code development for the underlying artificial intelligence system. Such variations can create difficulties in the application of road rules, safety requirements, and the legal and regulatory requirements. They may give rise to significant issues relating to driver classification and licensing for AVs, due to the varied levels of control and involvement in the driving process. For this reason, legislative reform at specific jurisdictional levels is suggested together with clearer international standards as a pathway to ensure the safe and effective integration of autonomous vehicles into society.
Publisher: SAGE Publications
Date: 10-06-2022
DOI: 10.1177/14413582221104854
Abstract: This article presents a systematic literature review which synthesises current knowledge to advance a more sophisticated conceptual framework to measure the return on investment (ROI) in complaints management. Literature is examined from searches of ProQuest, EBSCO, Emerald Plus and Google Scholar to create a road map of extant knowledge published from 1987 to 2021 in marketing and consumer related fields. Five themes associated with ROI measurement research are identified across four time periods: Cost reduction, Organisational learning, Reputational effect, Current customer focus and Social benefits. Few studies develop a comprehensive conceptual framework for the calculation of the ROI. The current literature is then extended, with the development of a framework to assist complaint management researchers and practitioners to evaluate Customer Complaint Management practices. The framework also informs the necessary data collection. Finally, new research directions are outlined to guide scholarly enquiry.
No related grants have been discovered for Tania Sourdin.