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
Developing a rational law of misleading conduct. This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will info ....Developing a rational law of misleading conduct. This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will inform an innovative model for judicial and legislative law reform in Australia and overseas. This work will offer significant legal, economic and social benefits by promoting more just, effective and efficient regulation of misleading conduct.Read moreRead less
Unravelling Corporate Fraud: re-purposing ancient laws for modern times. This project aims to reform the ancient laws of common law and equitable fraud that underpin commercial regulation in Australia. These laws are vital to supporting a fair and efficient economy but have failed to evolve to address the rise of corporate actors. Drawing upon a collaborative network of experts, the project intends to develop models of liability that address and overcome the existing ‘state of mind’ and ‘attribu ....Unravelling Corporate Fraud: re-purposing ancient laws for modern times. This project aims to reform the ancient laws of common law and equitable fraud that underpin commercial regulation in Australia. These laws are vital to supporting a fair and efficient economy but have failed to evolve to address the rise of corporate actors. Drawing upon a collaborative network of experts, the project intends to develop models of liability that address and overcome the existing ‘state of mind’ and ‘attribution’ hurdles to holding corporations liable for fraudulent conduct. The intended outcome is a road map for comprehensive judicial and legislative law reform, which should offer significant legal, economic and social benefits by supporting more just, effective and efficient regulation of corporate fraud.Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE190100792
Funder
Australian Research Council
Funding Amount
$401,980.00
Summary
Restoring public trust in charities: reforming governance and enforcement. This project aims to undertake a comprehensive and comparative investigation of governance and enforcement in the charitable sector in Australia. Public trust in the charitable sector has been damaged by governance failures, particularly in religious contexts, exacerbated by the sector’s complex and incoherent governance system. As yet, there has been limited academic consideration or empirical analysis of the effectivene ....Restoring public trust in charities: reforming governance and enforcement. This project aims to undertake a comprehensive and comparative investigation of governance and enforcement in the charitable sector in Australia. Public trust in the charitable sector has been damaged by governance failures, particularly in religious contexts, exacerbated by the sector’s complex and incoherent governance system. As yet, there has been limited academic consideration or empirical analysis of the effectiveness of the governance and regulatory framework of the sector or concrete reform proposals. This project aims to undertake comparative analysis and empirical research of these aspects, and to develop proposals for effective law and policy reform. This is expected to strengthen and maximise the sector’s capacity to contribute to the social and economic life in Australia.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE190100346
Funder
Australian Research Council
Funding Amount
$409,286.00
Summary
Reforming the Goods and Services Tax. This project aims to respond to the erosion of Australia’s revenue sources by addressing the future of the Goods and Services Tax (GST). The GST taxes less than half of consumer spending and up to $4.5 billion is lost to avoidance and evasion each year. This project expects to generate new knowledge in tax law and policy by using an innovative approach to assess whether possible reform options are viable, sustainable and equitable. Expected outcomes of this ....Reforming the Goods and Services Tax. This project aims to respond to the erosion of Australia’s revenue sources by addressing the future of the Goods and Services Tax (GST). The GST taxes less than half of consumer spending and up to $4.5 billion is lost to avoidance and evasion each year. This project expects to generate new knowledge in tax law and policy by using an innovative approach to assess whether possible reform options are viable, sustainable and equitable. Expected outcomes of this project include the formulation of achievable and defensible options that offer a clear path forward on GST reform. This should provide significant benefits to the community by contributing to a fairer and more sustainable tax system capable of meeting the needs of all Australians.Read moreRead less
New models of co-operative federalism in Australia: constitutional principles and practice. This project will research the effect of intergovernmental co-operation, through bodies such as the Council of Australian Governments, on Australia's system of constitutional democracy. It will determine how federal governance can be made more effective while respecting State autonomy and maintaining parliamentary and public accountability.
Australian supply chain regulation: practical operation and regulatory effectiveness. This project uses empirical research to examine the practical operation and effectiveness of three innovative Australian regulatory models designed to improve working conditions in supply chains in the clothing, long-haul transport and cash-in-transit industries. The project will result in proposals for reform and improved working conditions.
A comparative study of the prerogative and reserve powers in Commonwealth nations. This project will compare and analyse the exercise of unwritten executive powers (such as emergency powers and the power to dismiss governments) in Commonwealth countries with similar systems of government to ours. It will assist in developing good governance in our region and a better understanding of the limits of executive power in Australia.
Intellectual property and climate change: inventing clean technologies. By providing recommendations about intellectual property law, policy and practice to policy-makers and stakeholders, this project will promote research and development of clean technologies in Australia. It will also facilitate the transfer of such technologies in Australia and to developing countries and least developed countries.