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.
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
Towards Global Carbon Integrity: Applying integrity systems methodology to the ‘global carbon crisis’. This project applies a widely respected approach to analysing governance systems to global problems of carbon emissions and sustainable development generally. Its significance lies in the centrality of the problems addressed and the adaptation of the widely praised NISA (National Integrity Systems Assessments) approach from domestic to international spheres. It aims to: adapt NISA to apply to ....Towards Global Carbon Integrity: Applying integrity systems methodology to the ‘global carbon crisis’. This project applies a widely respected approach to analysing governance systems to global problems of carbon emissions and sustainable development generally. Its significance lies in the centrality of the problems addressed and the adaptation of the widely praised NISA (National Integrity Systems Assessments) approach from domestic to international spheres. It aims to: adapt NISA to apply to a global sectoral problem of major significance; map and assess the Global Carbon Integrity system; identify gaps, weaknesses and areas on non-collaboration; provide suggestions for improvement; provide a fresh and useful perspective on global problems applicable to other issues. Read moreRead less
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
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
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
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
Sexual victimisation and justice: reconceptualising theory, research and policy. In the aftermath of serious crime, victims have needs for information, support, material assistance and justice. This project centres on victims' justice needs and presents and tests a model to evaluate and compare the effectiveness of justice responses, including courts, conferences, compensation and truth - seeking.
Validation Of A Competency Assessment Method For Persons With Dementia
Funder
National Health and Medical Research Council
Funding Amount
$580,451.00
Summary
Deciding what if any aspects of their financial affairs a person with dementia or suspected dementia can responsibly manage is a difficult process for health and legal professionals as well as for guardianship boards and tribunals. This process is often stressful for the older person, and families can find deciding when to “take over” stressful. Also, having family members manage the older person’s assets may result in family conflict. There is a small amount of overseas research examining this ....Deciding what if any aspects of their financial affairs a person with dementia or suspected dementia can responsibly manage is a difficult process for health and legal professionals as well as for guardianship boards and tribunals. This process is often stressful for the older person, and families can find deciding when to “take over” stressful. Also, having family members manage the older person’s assets may result in family conflict. There is a small amount of overseas research examining this issue. However, no comprehensive and validated method exists internationally or in Australia to determine competency in this context. We will test a methodology for assessing the capacity of individuals to manage their own financial affairs where dementia is an issue. This method involves the use of a number of reliable and well-validated instruments measuring the older person’s mental state, anxiety levels, depression, and social vulnerability combined with an interview exploring the personal circumstances of the older adult in relation to their financial affairs. We will work with the Office of the Adult Guardian in Queensland to recruit participants and to verify both the utility and usability of our methodology with stakeholders (e.g. solicitors, the Office of the Adult Guardian). A comparison will be made between the results obtained in approximately 200 financial competency cases with the competency opinions independently arrived at by the Office of the Adult Guardian in Queensland. As a result of this research, we will be able to ascertain the viability and utility of this assessment method, improve the method as per the data gathered, and ultimately seek future funding to trial the methods across multiple jurisdictions (e.g. other states) and contexts (e.g. various cultural contexts).Read moreRead less