Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. T ....Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. The project will make an important contribution to the international debate about the legitimacy of policy considerations in judicial-making in private law, and the extent of the legitimate law-making role of the courts in a democratic system.Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
The Legal Framework for International Cooperation in Maritime Enforcement Activities. The Project will analyse the gaps in the international framework to achieve cooperation in maritime enforcement and make recommendations for improvements to existing legislative arrangements to facilitate successful combat of international maritime criminal activity.The Project is timely because it addresses some long-standing national requirements to improve Australia's ability to adequately enforce its sovere ....The Legal Framework for International Cooperation in Maritime Enforcement Activities. The Project will analyse the gaps in the international framework to achieve cooperation in maritime enforcement and make recommendations for improvements to existing legislative arrangements to facilitate successful combat of international maritime criminal activity.The Project is timely because it addresses some long-standing national requirements to improve Australia's ability to adequately enforce its sovereign rights throughout its maritime zones of jurisdiction. The issues involved have taken on a greater contemporary significance in light of recent events, including the surge in illegal people smuggling into Australia, increased illegal fishing activity in Australia's Southern Ocean exclusive economic zone by highly organized criminal syndicates and heightened tensions with regard to maritime terrorism.
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Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution. The Australian Consumer Law (ACL) and its precursor, the Trade Practices Act, have revolutionised the Australian consumer protection landscape. However, consumers are not receiving the protection envisaged under the Act because of fundamental uncertainties undermining the statutory remedies. The problem lies in the lack of any rigorous theoretical account of the ongoing interactions between the remedial prov ....Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution. The Australian Consumer Law (ACL) and its precursor, the Trade Practices Act, have revolutionised the Australian consumer protection landscape. However, consumers are not receiving the protection envisaged under the Act because of fundamental uncertainties undermining the statutory remedies. The problem lies in the lack of any rigorous theoretical account of the ongoing interactions between the remedial provisions of the ACL and the remedies that have traditionally been applied by judges in similar circumstances. This account will develop that framework to unlock the full potential of the remedial provisions of the ACL and provide a fresh means of understanding the evolving relationship between statutory and judge-made law.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL200100007
Funder
Australian Research Council
Funding Amount
$2,634,900.00
Summary
The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches a ....The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches and theoretical understandings here and abroad. Findings will underpin reforms which, being largely bipartisan, should enjoy high prospects of implementation. Expected benefits include a substantial lift in economic growth, enhanced cybersecurity, and enhanced protections of consumer and individual rights. Read moreRead less
China’s Belt and Road Initiative: A New Model of Economic Governance? China’s Belt and Road Initiative (BRI) involves thousands of projects in the world, with a combined value over USD 1 trillion. Under the BRI, China is constructing new norms and legal institutions to govern international economic activity. But the opacity of the BRI means that little is known about the details of these arrangements or their operation in practice. This socio-legal project will examine how the BRI is changing th ....China’s Belt and Road Initiative: A New Model of Economic Governance? China’s Belt and Road Initiative (BRI) involves thousands of projects in the world, with a combined value over USD 1 trillion. Under the BRI, China is constructing new norms and legal institutions to govern international economic activity. But the opacity of the BRI means that little is known about the details of these arrangements or their operation in practice. This socio-legal project will examine how the BRI is changing the way that cross-border economic interactions are governed, and explore the implications of these changes for how power and authority are exercised in the global economy. The project’s findings will equip Australian policymakers, businesses and publics to navigate more astutely the changes that the BRI is advancing.Read moreRead less
The legal and social dimensions of financial hardship in Australia: Implications for legal, regulatory and policy frameworks. Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in-depth study of the practical operation of Australia’s financial hardship laws, which are designed to protect Australians suffering financial hardshi ....The legal and social dimensions of financial hardship in Australia: Implications for legal, regulatory and policy frameworks. Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in-depth study of the practical operation of Australia’s financial hardship laws, which are designed to protect Australians suffering financial hardship. Major surveys will be undertaken of senior staff of financial dispute resolution schemes, financial counsellors, consumer solicitors and consumer advocates as well as persons suffering financial hardship. The project outcomes will include improvements to dispute resolution involving financial hardship and consumer advisory services, and potential law reform proposals.Read moreRead less
Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these ....Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these protections and maximise access to general insurance, particularly for socio-economically disadvantaged consumers. This should have benefits such as an increased uptake of general insurance and improved community resilience to natural disasters and other unforeseen events.Read moreRead less
Evaluating Australian personal insolvency laws in the context of changing demographics and increasing financial stress. This project will study how Australians respond to financial stress within the context of Australian personal insolvency laws. A better understanding of the practical impact of these laws today will enable an evaluation of their effectiveness in meeting policy objectives.
Analysis of the impact and regulation of harmful financial products. Analysis of the impact and regulation of harmful financial products. This project will investigate financial products that can harm disadvantaged and vulnerable consumers. It will use empirical research (surveys, interviews and focus groups) to explore how these products perpetuate financial hardship, poor health and social disadvantage. In doing so, it expects to contribute to consumer law scholarship and studies of financial ....Analysis of the impact and regulation of harmful financial products. Analysis of the impact and regulation of harmful financial products. This project will investigate financial products that can harm disadvantaged and vulnerable consumers. It will use empirical research (surveys, interviews and focus groups) to explore how these products perpetuate financial hardship, poor health and social disadvantage. In doing so, it expects to contribute to consumer law scholarship and studies of financial exclusion, and provide practical assistance to policymakers, regulators and the partner organisations. The project will also assess the need for law reform, and, if appropriate, recommend detailed law reforms. The research is expected to help policymakers address damage caused by harmful and predatory financial products and promote the financial and social wellbeing of vulnerable, disadvantaged consumers.Read moreRead less