Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal ....Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal analysis and conceptual synthesis of recent international and domestic developments in enforcement of patent, trade mark, copyright and other similar rights. The project intends to bring analytical rigour to highly polarised academic and policy discussions around the growth of international and domestic rules about IP enforcement.Read moreRead less
Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous c ....Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous communities, and stakeholder interviews in a range of geographic contexts across Australia. It will investigate Indigenous-specific frameworks that most appropriately reflect Indigenous perspectives of access to justice, and the way that these can be applied in certain civil and family law contexts.Read moreRead less
Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series ....Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series of interlinked case studies reflecting the life-cycle of family formation in assisted conception. The aim is to develop solutions for more responsive legal frameworks that encourage beneficial clinical and ethical practices and contain harmful ones through inclusion rather than exclusion.Read moreRead less
Hate crime laws and justice. This project will investigate how the criminal law and justice system can provide an effective but even-handed response to the problem of prejudice-related crime. It will make recommendations to assist in the formulation of law in this area and advance scholarship on crime and punishment.
Evidence-informed legal strategies for preventing cancer, heart disease and diabetes: what can Australia learn from the United States? This project will review evidence of the effectiveness of laws for reducing risk factors for cardiovascular disease, cancer, and diabetes, and evaluate the experience of U.S. jurisdictions with legal responses to these diseases. The project will strengthen the evidence base for effective policy-making to support healthier lifestyles.
Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of ....Construing Statutes: The Interaction between a Statute’s Linguistic Content and Principles of Statutory Interpretation. This project aims to identify the factors that determine what legal effect a statutory provision has; what effect it has on the content of the law; in cases where its legal effect is modified by another legal rule or principle. Such cases are commonplace, but the way in which statutory provisions interact with other legal rules or principles is poorly understood. The outcome of this project will be a general methodology for construing Australian statutes which can resolve problems that existing methodologies cannot. This will provide much-needed guidance to judges, and will advance our understanding of important legal and political issues concerning the effect that statutory provisions have on the content of the law.Read moreRead less
Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and ....Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and patents. Doctrinal, qualitative and iterative research methods will be used. The primary intended outcome is a set of recommendations to assist policy makers in ensuring consistency of regulatory policy and practice, thereby supporting innovation and safe clinical translation, for the benefit of all Australians.Read moreRead less
Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol ....Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol-related violence, public disorder and the activities of criminal groups. The intended outcome is new knowledge about the causes and effects of innovation in criminal law-making. This research can benefit future public debate, policy development and law reform decisions about the role of criminalisation in enhancing safety.Read moreRead less
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less
The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for di ....The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for disability and the application of disability discrimination law to behavioural traits, the project is expected to determine how, if at all, law should regulate variant personality and behaviour.Read moreRead less