Transition to a clean energy future: the role of climate change litigation in shaping our regulatory path. As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.
Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal ca ....Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal capacity to respond to climate change, so identifying appropriate governance structures and regulatory tools. This analysis is vital to positioning Australian environmental law to manage climate change impacts and associated social, ecological and economic costs and to ensure compliance with international obligations.Read moreRead less
Resilience and vulnerability in property systems: rising sea levels and local relocations in Solomon Islands. This project analyses local relocations caused by rising sea levels in Solomon Islands, in order to support sustainable and inclusive resettlement of displaced persons in their home environments.
Devising a legal blueprint for corporate energy transition. This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition i ....Devising a legal blueprint for corporate energy transition. This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition is in its infancy. Drawing on empirical data and more extensive United States experience with the use of corporate law tools for climate ends, the project plans to uncover roadblocks to corporate energy transformation, and identify law and governance reforms necessary for putting the private sector on a low-carbon pathway.Read moreRead less
A legal framework for specifying and defining carbon property rights. This project will critically examine the national framework for the trading of carbon offsets credits. Based on case studies and analysis of international experience, this project will develop concepts and principles to guide the Australian States in providing clear and consistent legal definitions of transferable carbon property rights.
'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of th ....WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of the causes and effectiveness of enforcement proceedings. The research findings will provide a sound basis for assessing the current approach to contraventions of contact orders, and for designing any necessary reforms.Read moreRead less
The role of proxy and governance advisers in corporate governance. This project analyses the role of proxy and governance advisers in corporate governance in Australia and the USA. Its outcomes will clarify the nature and extent of proxy and governance adviser influence over the conduct of institutional investors and listed companies, thus allowing for a more informed debate on the need for regulation.
The presentation of expert evidence in Australian criminal trials: the role of lawyers and experts. This project will shed light on how courts, lawyers and experts can work effectively together to deliver expert evidence in the courtroom. Improving the provision and effective use of expert evidence will benefit the Australian community by providing a better quality criminal justice system.