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
An investigation of two non-punitive crime control strategies for the illicit traffic in S.E. Asian antiquities. The preservation of cultural heritage is significant for the maintenance of national identity and security. The illegal plunder and international trafficking of cultural heritage, not infrequently linked with other international crime, is of national and regional concern. The response to the destruction of the Iraq Museum evidences the level of community concern. However, the nature o ....An investigation of two non-punitive crime control strategies for the illicit traffic in S.E. Asian antiquities. The preservation of cultural heritage is significant for the maintenance of national identity and security. The illegal plunder and international trafficking of cultural heritage, not infrequently linked with other international crime, is of national and regional concern. The response to the destruction of the Iraq Museum evidences the level of community concern. However, the nature of the illicit antiquities market means that traditional punitive crime control strategies are ineffective. The Australian government has participated in international efforts to develop new control strategies for this form of international crime. Focusing on the illicit market in SE Asian antiquities, this research investigates two non- punitive strategies. Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
Corporate Governance and Institutional Investment in the Australian Financial Markets. The financial markets play a vital role in Australian economic life. The majority of the assets of Australian superannuation funds and managed investment funds are financial products. This project will provide an comprehensive account of the different types of complex financial products available in Australia and an assessment of the corporate governance practices at Australian companies and Australian institu ....Corporate Governance and Institutional Investment in the Australian Financial Markets. The financial markets play a vital role in Australian economic life. The majority of the assets of Australian superannuation funds and managed investment funds are financial products. This project will provide an comprehensive account of the different types of complex financial products available in Australia and an assessment of the corporate governance practices at Australian companies and Australian institutional investors in relation to their use of complex financial products. Through these outcomes, the project will contribute to a broader understanding of the Australian financial markets and the enhancement of corporate governance practices in Australia.Read moreRead less
Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The resear ....Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The research program will advance theoretical understanding about social justice in a variety of contexts (eg., organizations, law, government, family). It will also have practical outcomes by suggesting ways of exercising authority that are seen as both effective and fair.Read moreRead less
Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and aroun ....Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and around legal settings. It will identify means of improving the provision and evaluation of expert advice in order to enhance the social legitimacy of our legal institutions and facilitate commercial innovation and productivity.Read moreRead less
Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complai ....Strengthening the Human Rights Focus of Anti-Discrimination Law and Practice. Australian anti-discrimination legislation aims to promote and protect human rights, but its impact has been limited by reliance on private, individualised complaint-handling processes, and by the limited capacity of anti-discrimination agencies to engage in broader inquiries or litigation strategies. This project will determine how to maximise awareness and protection of human rights through the discrimination complaint-handling process, the management of anti-discrimination litigation, and/or the use of other agency functions and powers. By incorporating both the conciliation and litigation aspects of anti-discrimination procedures, systematically examining international models, and involving one of the anti-discrimination agencies as industry partner, the project is designed to contribute significantly to the implementation of human rights in Australia.Read moreRead less
Confidentiality in Therapeutic Relationships: Developing Guidelines for Mental Health Professionals. The outcome of this project will be a document on ethical standards that will contribute to a conceptual framework for resolving ethical, legal and professional issues that need to be addressed with regard to confidentiality in therapeutic relationships. By assisting with the establishment of guidelines necessary to promote clarity and confidence, the project will make a substantial contribution ....Confidentiality in Therapeutic Relationships: Developing Guidelines for Mental Health Professionals. The outcome of this project will be a document on ethical standards that will contribute to a conceptual framework for resolving ethical, legal and professional issues that need to be addressed with regard to confidentiality in therapeutic relationships. By assisting with the establishment of guidelines necessary to promote clarity and confidence, the project will make a substantial contribution to the effective implementation of a way of working which improves the delivery and quality of mental health care for patients and goes some way to ensuring greater safety for the public.Read moreRead less
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
An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will ....An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will examine in detail many hundreds of cases made over a 10 year period. This data will contribute to a consistent and just decision-making process nationally and internationally. This in turn will ultimately reduce the burgeoning trend of costly and lengthy litigation.Read moreRead less