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
The trailblazing women and the law project. The trailblazing women and the law project will create, showcase and analyse the first publicly accessible, national, oral history of seven decades of Australia’s pioneer women lawyers contributing to the fields of gender, oral history, biography, law, citizenship, social networks, cultural informatics, ePublication and women’s history archiving.
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
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
Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical resear ....Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical research, explain the causes of this situation. In partnership with Indonesian courts and lawyers, it also aims to support the development of legal and policy reform proposals that can help resolve Indonesia’s commercial contract enforcement problems and encourage Australian investment there.Read moreRead less
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less
Property as habitat: reintegrating place, people, and law. This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an unders ....Property as habitat: reintegrating place, people, and law. This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an understanding of property as habitat that is both sensitive to place and adapted to social conditions. Expected benefits include a responsive understanding of property that is better able to address the challenges of Australian society into the future.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