'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of th ....WHY CONTACT ORDERS FAIL: ASSUMPTIONS AND REALITY. This project addresses the growing problem of Family Court litigation to enforce orders for parent-child contact after separation. Recent policy responses to this significant problem have been based on assumptions and anecdotal evidence about why parents fail to comply with contact orders. As the first empirical study of the issue, the project's central aim is to analyse data collected from Family Court files to obtain a clear understanding of the causes and effectiveness of enforcement proceedings. The research findings will provide a sound basis for assessing the current approach to contraventions of contact orders, and for designing any necessary reforms.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
...and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent .......and by opposing, end them: A Comparative Examination of Opposition Processes in Patent Law. Patent law is central to the key Australian economic aim of encouraging an innovative culture. One aspect of patent law, the opposition process, is directly linked to two important issues currently facing our patent system: improving patent quality, and minimising predatory behaviour by powerful firms. This project will assess the operation of the opposition process here, and the practice of equivalent international procedures in other jurisdictions, in order to inform Australian policy in current and ongoing negotiations towards global harmonisation. Material from this project will lead directly to proposals for improving the Australian patent system, and ensuring that it promotes, and does not retard, innovation. Read moreRead less
'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and h ....'Nothing Can Be Created Out of Nothing': Workers, Their Know-How and the Employment Relationships that Support Them. The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker-employer relationships which will, in turn, maximise this country's creative and technological capability. Read moreRead less
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.Read moreRead less
Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusi ....Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusing on high quality research to inform policy development and practice on aid effectiveness in the area of counter-human trafficking. This is expected to lead to significant social and economic benefits through building upon existing cooperative relationships.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwea ....Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwealth and State levels. It will provide the basis for a more informed debate in this important area and will assess the need for reform of the current system.Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less