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
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.Read moreRead less
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less
Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous c ....Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous communities, and stakeholder interviews in a range of geographic contexts across Australia. It will investigate Indigenous-specific frameworks that most appropriately reflect Indigenous perspectives of access to justice, and the way that these can be applied in certain civil and family law contexts.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE230100557
Funder
Australian Research Council
Funding Amount
$445,880.00
Summary
The Behavioural Economics of Inheritance Litigation. Australians are witnessing the greatest intergenerational wealth transfer in history. Unfortunately, more and more families are going to court over inheritance. These disputes tear families apart and impose excessive costs on families and the courts. This project applies legal, behavioural economic and statistical methods to study inheritance battles. It seeks to generate new knowledge about the drivers of inheritance litigation, in order to m ....The Behavioural Economics of Inheritance Litigation. Australians are witnessing the greatest intergenerational wealth transfer in history. Unfortunately, more and more families are going to court over inheritance. These disputes tear families apart and impose excessive costs on families and the courts. This project applies legal, behavioural economic and statistical methods to study inheritance battles. It seeks to generate new knowledge about the drivers of inheritance litigation, in order to make it cost-effective. Its expected outcomes include behavioural economic models of inheritance litigation to predict what cost-reduction strategies will work; a large database of real-world inheritance cases to test these predictions; and robust law-reform recommendations to reduce litigation costs.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240100652
Funder
Australian Research Council
Funding Amount
$426,000.00
Summary
Mobilising Litigation to Effect Legal, Policy and Social Change. This project will be the first comprehensive study of movement litigation from an Australian perspective. Using an innovative blend of socio-legal methods, the outcomes include an examination of movement litigation actors and their democratic role, a methodological framework for global scholarship on movement litigation and the first international and comparative study of refugee rights movement litigation. These outcomes will gene ....Mobilising Litigation to Effect Legal, Policy and Social Change. This project will be the first comprehensive study of movement litigation from an Australian perspective. Using an innovative blend of socio-legal methods, the outcomes include an examination of movement litigation actors and their democratic role, a methodological framework for global scholarship on movement litigation and the first international and comparative study of refugee rights movement litigation. These outcomes will generate new knowledge for forced migration studies and have the potential to transform the discipline of law by providing tools for a broader and more contextual approach for the study of jurisprudence. Benefits include lessons for enhancing participatory democracy and promoting progressive social and legal change.Read moreRead less