Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses ....Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses an innovative conceptual framework that delineates rights, duties and responsibilities and measures capacity to deliver stated commitment to market integrity, thereby attending to the specific and pressing problems faced by the partner organisations. The project aims to provide warranted trust in the commitment of the professions to higher standards, thereby restoring market confidence.Read moreRead less
Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, th ....Superannuation and divorce in Australia: an evaluation of post-reform legal practice and property settlement outcomes. The project evaluates the impact of the new Family Law Legislation Amendment (Superannunation) Act 2001, which includes superannuation as property that can be split between the parties. It investigates the ways in which the Courts, legal advisers and divorcing parties take superannuation into account when marriages end. This research assumes, on the basis of previous studies, that these groups will have difficulties applying this reform in practice, and that various procedural, social and financial factors may limit the broad application of this reform. This research is crucial to ensure that the reform results in improved financial security during retirement - especially for women.Read moreRead less
Australian feminist judgments project: jurisprudence as praxis. This project will investigate relationships between feminist theory and practice in Australian judicial decision-making. It will highlight possibilities, limits and implications of a feminist approach to judging, through analysis of existing decisions and practices and production of a collection of imagined feminist judgments in significant cases.
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Re-inventing authority and integrity of primary legal sources for the online world, using free access to make the legal system more efficient and just. Authority and integrity of primary legal materials need to be reconsidered and re-invented in light of technological changes. This project will investigate and develop new best practices (policy, standards, technical) suited to the online environment and modern practices from both national and international perspectives.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE130100118
Funder
Australian Research Council
Funding Amount
$290,000.00
Summary
The Australasian Legal Scholarship Library: new content and sophistication for a world-leading legal scholarship repository and citator. This project will dramatically improve the size and usefulness of the Australasian Legal Scholarship Library which is accessible online for free. It will double the quantity of law journals, scholarship repositories, judicial scholarship and monographs on Australasian Legal Information Institute (AustLII). It will provide a citator and other metrics to track th ....The Australasian Legal Scholarship Library: new content and sophistication for a world-leading legal scholarship repository and citator. This project will dramatically improve the size and usefulness of the Australasian Legal Scholarship Library which is accessible online for free. It will double the quantity of law journals, scholarship repositories, judicial scholarship and monographs on Australasian Legal Information Institute (AustLII). It will provide a citator and other metrics to track their use and their citation histories.Read moreRead less
Investigating the Coronial Determination of Suicide as a Category of Death. Data for suicide statistics can only come from official findings of suicide by a coroner, but this is a finding they are often reluctant to reach. The purpose of this project is to investigate how statistical calculations of suicide are dependent upon its coronial determination. The research is not only expected to result in more defensible national suicide data, it also aims to clarify the degree to which the recurrent ....Investigating the Coronial Determination of Suicide as a Category of Death. Data for suicide statistics can only come from official findings of suicide by a coroner, but this is a finding they are often reluctant to reach. The purpose of this project is to investigate how statistical calculations of suicide are dependent upon its coronial determination. The research is not only expected to result in more defensible national suicide data, it also aims to clarify the degree to which the recurrent 'problem' of suicide data may lie in the coronial construction of suicide itself. Expected benefits of the project include the clarification of the role of the coroners regarding suicide determination, and the more effective targeting of suicide prevention programs.Read moreRead less
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE170100945
Funder
Australian Research Council
Funding Amount
$334,000.00
Summary
Improved interviewing framework in sexual assault cases. This project aims to provide a better interview framework to be used by police in the investigation and possible prosecution of sexual assault allegations. The current interview framework used around the world was not specifically designed for adult sexual assault complainants and has been intensely criticised. This project will design a revised interview framework that meets the complex investigative and evidential requirements for these ....Improved interviewing framework in sexual assault cases. This project aims to provide a better interview framework to be used by police in the investigation and possible prosecution of sexual assault allegations. The current interview framework used around the world was not specifically designed for adult sexual assault complainants and has been intensely criticised. This project will design a revised interview framework that meets the complex investigative and evidential requirements for these interviews. This is expected to increase just outcomes and victim satisfaction with the criminal justice response.Read moreRead less
Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths ....Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths, this early modern discipline is directly relevant to today's renewed concerns with public security against religious terror. The project will both recover the relevance of political jurisprudence, and provide a major historical corrective to anti-juridical and anti-statist research agendas.Read moreRead less