Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to ....Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to adjudication. Drawing on judicial interviews and on national court analysis, it will produce a groundbreaking book reimagining ICC cases through a feminist judgement approach and a provide valuable online toolbox for judges and academics. It will advance Australia's commitment to gender justice internationally.
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Countering misconceptions in child sexual assault cases with expert evidence and judicial directions. This project reduces miscarriages of justice by identifying topics about which jurors benefit from specialised knowledge by an expert witnesses and the best way to deliver that information so they are better equipped to appropriately assess the credibility of child victims and offenders and render verdicts in cases of child sexual assault.
Winners and losers: Examining tax justice in tax disputes in Australia. Little is known about the important process of tax dispute resolution in Australia. The project seeks to determine whether tax dispute resolution in Australian is effective, whether or not taxpayers with greater resources come out ahead in tax litigation, and whether or not alternative dispute resolution is a cost effective way for resolving tax disputes. The project also examines the costs and benefits of independent tax di ....Winners and losers: Examining tax justice in tax disputes in Australia. Little is known about the important process of tax dispute resolution in Australia. The project seeks to determine whether tax dispute resolution in Australian is effective, whether or not taxpayers with greater resources come out ahead in tax litigation, and whether or not alternative dispute resolution is a cost effective way for resolving tax disputes. The project also examines the costs and benefits of independent tax dispute resolution, and the legal and justice implications of accessibility to such dispute resolution. Through its analysis, the project aims to arrive at concrete policy recommendations to improve the functioning of the present system in terms of accessibility, operating costs and perceived procedural justice.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220100633
Funder
Australian Research Council
Funding Amount
$445,125.00
Summary
The Australian Preventive Justice Project . This project aims to generate the first account of Australian preventive justice. Through original legal, historical and critical research, the project will create new knowledge by mapping, for the first time, the legal architecture of preventive justice in the Australian Federation since colonisation, and analysing these laws and their impacts through settler colonial and coloniality theories. Outcomes include the first legal history of preventive ju ....The Australian Preventive Justice Project . This project aims to generate the first account of Australian preventive justice. Through original legal, historical and critical research, the project will create new knowledge by mapping, for the first time, the legal architecture of preventive justice in the Australian Federation since colonisation, and analysing these laws and their impacts through settler colonial and coloniality theories. Outcomes include the first legal history of preventive justice in the Australian settler colonial context, and enhanced understanding of the role of race in preventive injustice. Benefits include publications and guidelines to inform preventive policy and lawmaking, research training and increased capacity for Australian preventive justice research.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE180100048
Funder
Australian Research Council
Funding Amount
$499,899.00
Summary
Foundations of the common law library. This project aims to build a comprehensive, historical, legal resource for the whole common law world, 1215-1914. The free access ‘Foundations of Common Law Library’ will include reported cases from superior courts, and selected others, in all common law jurisdictions. Databases of other key materials such as treatises, legislation, and treaties, will also be added wherever possible. Databases of case law extracted from newspaper reports, prior to formal la ....Foundations of the common law library. This project aims to build a comprehensive, historical, legal resource for the whole common law world, 1215-1914. The free access ‘Foundations of Common Law Library’ will include reported cases from superior courts, and selected others, in all common law jurisdictions. Databases of other key materials such as treatises, legislation, and treaties, will also be added wherever possible. Databases of case law extracted from newspaper reports, prior to formal law reporting will be included. Citations for all documents added will expand greatly an automated international historical citator to the whole of the common law world, linking past and present.Read moreRead less
Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national co ....Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national community, and policies of multiculturalism and minority rights. This project will trace and interpret references to allegiance and citizenship in Australian jurisprudence, case law, legislation, executive decisions and policy. The project aims to help the public understand the rules governing membership of the Australian community.Read moreRead less
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
The court as archive: rethinking the institutional role of federal superior courts of record. This project examines the institutional role of federal superior courts of record to ground an analysis of their responsibilities as curators of a significant national archive. It will provide principles for the administration of court records that respond to the competing legal and civic demands of contemporary Australian society.
Discovery Early Career Researcher Award - Grant ID: DE160100314
Funder
Australian Research Council
Funding Amount
$337,000.00
Summary
International Law and the Legacies of Fascist Internationalism. The project has three aims: to uncover and elaborate the fascist approach to international law that developed in inter-war Italy; to generate new comparative and interdisciplinary analyses of fascist internationalism; and to use this archival and comparative research to shed light on the contemporary global order and in particular its logic of violence, hierarchy and expansion. The project aims to improve our understanding of three ....International Law and the Legacies of Fascist Internationalism. The project has three aims: to uncover and elaborate the fascist approach to international law that developed in inter-war Italy; to generate new comparative and interdisciplinary analyses of fascist internationalism; and to use this archival and comparative research to shed light on the contemporary global order and in particular its logic of violence, hierarchy and expansion. The project aims to improve our understanding of three interrelated phenomena of concern to Australia and globally: intensifying migration flows, increasing economic uncertainty, and the resurgent far right. It may provide a historical and legal framework for national and international responses to these phenomena and clarify the long-term structural consequences of military and financial interventions in the developing world.Read moreRead less
An Australian Face-Space for enhancing human identification in forensics and security. Safeguarding Australia from terrorism and crime requires accurate identification of suspects and offenders. Current methods rely heavily on photographs and video images. A new 3D imaging system for comparing faces has been developed but the information about Australian faces needs to be added to provide robust evidence to Australian courts.