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
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
Safeguarding the financial well-being of Australians by improving financial literacy: Implications for consumer protection laws. The project will contribute to a broader understanding of the role of financial literacy in Australia and its relationship with Australia's financial services and consumer protection laws. Having financially literate consumers facilitates the uptake and development of innovative financial products. This is essential for promoting an innovation culture and economy. High ....Safeguarding the financial well-being of Australians by improving financial literacy: Implications for consumer protection laws. The project will contribute to a broader understanding of the role of financial literacy in Australia and its relationship with Australia's financial services and consumer protection laws. Having financially literate consumers facilitates the uptake and development of innovative financial products. This is essential for promoting an innovation culture and economy. Higher levels of financial literacy also enable consumers to plan better for their and their families' financial well-being. This also has national benefit as it means that consumers are better prepared to deal with the adverse financial consequences of job-loss, illness, disablement or death, thus reducing the stresses and demands on Australia's social welfare safety net.Read moreRead less
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
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
Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail g ....Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail grocery sector. In the first Australian research of its kind, it endeavours to explain how the chains' strategies and industry relationships influence regulatory action. The research is expected to produce recommendations on instruments and techniques to ensure that regulation of the sector is legally and practically efficient and effective.Read moreRead less
Systemic responses to global financial instability: new thinking and measures by which Australia can address the challenges of globalised capital. This project explores and models new systemic responses Australia, our region and the world could adopt to counter the instability generated by globalised capital. These include a financial transactions tax, financial activity tax, levies on bank balance sheets and other new responses to too-big-to-fail problems.
Designing world-class venture capital programs to support commercialisation of Australian research during and beyond an economic crisis. Government support of venture capital investment is vital for Australia’s economic prosperity. This project examines how foreign governments have tackled the effect of the financial crisis on such investment and provides policy options for ensuring Australia maintains internationally competitive programs in challenging economic times.
Debt-for-development Exchanges as a Means to Enhance the Security of Australia and the Region. When Australia currently cancels debts owed to it by poor countries it has little control over how the money saved will be spent. Debt-for-development exchanges offer Australia this control while preserving the sovereignty of the recipient countries. Yet Australia has never undertaken an exchange.
Seven other nations have used this technique effectively to achieve developmental ends. We will analy ....Debt-for-development Exchanges as a Means to Enhance the Security of Australia and the Region. When Australia currently cancels debts owed to it by poor countries it has little control over how the money saved will be spent. Debt-for-development exchanges offer Australia this control while preserving the sovereignty of the recipient countries. Yet Australia has never undertaken an exchange.
Seven other nations have used this technique effectively to achieve developmental ends. We will analyse their experiences to provide a road map for Australia to use this technique to achieve security-enhancing and developmental outcomes.
Read moreRead less
Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less