Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, deve ....Defamation and Privacy: Law, Media and Public Speech. This project investigates important recent legal changes in defamation and privacy, laws which can considerably limit public speech. It addresses the urgent need in law for a more sophisticated understanding and evaluation of the practices of media professionals. It will assist lawyers and judges apply the changed laws, contribute to scheduled reviews of legislation, assist publications and journalists deal with risks of legal liability, develop critical academic and legal debates about the media, and clarify the parameters of lawful public speech. It promotes better legal understanding of popular media forms, which have key roles in contemporary economies and public debate.Read moreRead less
Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will: ....Defamation Law in Context: Australian and US News Production Practices and Public Debate. Legal and media commentators claim Australian defamation law 'chills' media speech and limits public debate, especially compared to the US. This project examines how defamation risks are considered in media production practices under differing legal, institutional and social contexts in Australia and the US. It responds to important defamation law developments and media transformations. The project will:
- Produce qualitative data about media news production practices and products in Australia and the US.
- Use the data to evaluate the role of defamation law in the media's contribution to public debate, and argue for optimal reforms to Australian defamation law.Read moreRead less
The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understandi ....The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understanding, at a time when independent media speech has great value in relation to trade, security and development. When risks of transnational defamation liability are increasing, it will assist the Australian media's coverage of three pivotal countries in the region and substantially develop the academic understanding of defamation law's effects on media content.Read moreRead less
Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's cr ....Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's creative capability both depend on providing adequate incentives for content production while granting access to creative material as a resource for new production. The project will assist Australia better manage its digital cultural collections and balance the interests of creators, institutions and public accessibility.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
Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing front ....Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing frontier practices, ameliorating the polarising effects of recent debates surrounding this historiography. As the war on terrorism has again seen the suspension of the law in certain circumstances, investigations into the strengths and limits of the rule of law are opportune and timely.Read moreRead less
Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements ....Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements the long-term changes associated with shared parenting. This will enable us to empower separating couples, their advisers and courts to make financial settlements which reduce the potentially adverse financial and social impacts of post-separation financial arrangements on children, carers, and our social security system.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
A Consumer Bankruptcy Project - an interdisciplinary empiric inquiry into determinants and impacts of bankruptcy upon Australian debtors. The research will enhance the wellbeing of Australian society by obtaining a better understanding of the profile of bankrupt debtors, the reasons for personal default and the impact of the regulatory framework upon all stakeholders. It will draw parallels with US trends and apply an interdisciplinary empiric method to Australian personal insolvency data. The r ....A Consumer Bankruptcy Project - an interdisciplinary empiric inquiry into determinants and impacts of bankruptcy upon Australian debtors. The research will enhance the wellbeing of Australian society by obtaining a better understanding of the profile of bankrupt debtors, the reasons for personal default and the impact of the regulatory framework upon all stakeholders. It will draw parallels with US trends and apply an interdisciplinary empiric method to Australian personal insolvency data. The research will lead to an informed debate around critical wider issues such as financial literacy, managing money and self-funded retirement that impact upon the physical and material health of all Australians. The project promotes the reduction of financial distress and dependence in assisting efforts to shift the risk of economic burden of an ageing population from the Commonwealth.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.
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