Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare ....Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare the effectiveness of these various regimes in delivering justice to all parties. No such study has been conducted in Australia, and the results will provide a basis for informed decision on whether the latest model should remain the preferred one in a sector of the housing market catering for more than 25% of the population of NSW, a large proportion of whom are disadvantaged.Read moreRead less
The Changing Role Of The Magistrates Court. Magistrates courts have far more contact with the community than any other court but have rarely been the subject of direct research. Recent changes include greater professional qualifications for magistrates and increased volume, complexity and seriousness of cases. This project will survey the changing social/demographic characteristics of magistrates; analyse their daily work, especially increased judicial functions; and examine roles played by s ....The Changing Role Of The Magistrates Court. Magistrates courts have far more contact with the community than any other court but have rarely been the subject of direct research. Recent changes include greater professional qualifications for magistrates and increased volume, complexity and seriousness of cases. This project will survey the changing social/demographic characteristics of magistrates; analyse their daily work, especially increased judicial functions; and examine roles played by social service providers. It will produce a better understanding of magistrates courts, emphasising ideas of judicial independence and accountability, essential to ensuring high standards for the Australian legal system and its relation to the community.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
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 Australian Judiciary: A National Socio-Legal Analysis. Courts and judges constitute a key social and legal institution, with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workload ....The Australian Judiciary: A National Socio-Legal Analysis. Courts and judges constitute a key social and legal institution, with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workloads and provide valuable information for courts in managing independent professionals. This research will improve public and scholarly understanding of Australia's courts and will help sustain an institution essential for safeguarding Australia.
Read moreRead less
Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data ....Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data from the United States of America, this research examines whether judicial emotion and emotional display enhance or detract from judicial performance, considering impartiality and legitimacy of judicial authority. It aims to generate substantial new knowledge about judicial decision making and judicial behaviour.Read moreRead less
Balancing law and life. Law firms have been transformed as a result of mergers, incorporation and listing on the stock exchange. The centrality of competition and globalisation has jeopardised any possibility of a work/life balance. This project will examine the tensions in trying to effect a balance for lawyers expected to work 24/7.
Judicial Officers and Workload Allocation. Courts and judges constitute a key social and legal institution with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings about the allocation of judicial work will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to ....Judicial Officers and Workload Allocation. Courts and judges constitute a key social and legal institution with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings about the allocation of judicial work will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workloads and provide valuable information for courts in managing independent professionals. This research will improve public and scholarly understanding of Australia's courts and will help sustain an institution essential for safeguarding Australia.Read moreRead less
Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing ....Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing regional stability and creating a safe and more predictable environment. Understanding the role that lawyers play in this process is a vital component of regional security.Read moreRead less
Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, ....Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, the project makes an Australian contribution to international research into the journeys and legacies of European émigré lawyers. The project provides important new knowledge about the role of migration in shaping Australian legal institutions. Read moreRead less