ARC Discovery Projects

Administered by the University of Melbourne, unless otherwise indicated

  • Lee Godden, Margaret Davies and Nicole Graham

    Project Title

    Property as habitat: reintegrating place, people, and law

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separate in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an understanding of property as habitat that is both sensitive to place and adapted to social conditions. Expected benefits include a responsive understanding of property that is better able to address the challenges of Australian society into the future.

    Commencement Year

    2019

    Funding

    $360,000

    Chief Investigators

    Professor Lee Godden
    Professor Margaret Davies (Flinders University)
    Associate Professor Nicole Graham (University of Sydney)

  • Ian Ramsay and Justin O'Brien

    Project Title

    Regulatory power and corporate misconduct

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern that these practices may lack transparency, be inefficient, fail to deter corporate misbehaviour, and operate to subvert individual justice and the rule of law. This project aims to address these concerns by developing detailed recommendations for reform based on an examination of the theory and practices of Australian and United States of America financial regulators.

    Commencement Year

    2019

    Funding

    $311,000

    Chief Investigators

    Professor Ian Ramsay
    Professor Justin O'Brien (Monash University)

  • Carolyn Sutherland, Richard Mitchell, Petra Mahy, Ingrid Landau and John Howe (administered by Monash)

    Project Title

    The regulation of labour disputes in Southeast Asia

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.

    Commencement Year

    2019

    Funding

    $456,000

    Chief Investigators

    Associate Professor Carolyn Sutherland (Monash University)
    Professor Richard Mitchell (Monash Univesity)
    Dr Petra Mahy (Monash University)
    Ms Ingrid Landau (Monash University) 
    Professor John Howe

    Administering Organisation

    Monash University

  • Paul Ali and Ian Ramsay

    Project Title

    Financial exclusion, poor insurer practices and consumer protection

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project is Australia’s first large-scale empirical study examining financial exclusion and lack of access to general insurance, as well as poor insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these protections and maximise access to general insurance, particularly for socio-economically disadvantaged consumers. This should have benefits such as an increased uptake of general insurance and improved community resilience to natural disasters and other unforeseen events.

    Commencement Year

    2018

    Funding

    $358,916

    Chief Investigators

    Associate Professor Paul Ali
    Professor Ian Ramsay

  • Elise Bant and Jeannie Paterson

    Project Title

    Developing a rational law of misleading conduct

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to investigate and promote the reform of the current confused, conflicting and costly laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a mess of disparate statutory and general law rules. In that context, the Project proposes a novel, integrated analysis to support the development of a rational law of misleading conduct. The planned outcomes include a rigorous taxonomy of the existing law that will inform an innovative model for judicial and legislative law reform in Australia and overseas. This work should offer significant legal, economic and social benefits by promoting more just, effective and efficient regulation of misleading conduct.

    Commencement Year

    2018

    Funding

    $271,467

    Chief Investigators

    Professor Elise Bant
    Associate Professor Jeannie Paterson

  • Hilary Charlesworth and Margaret Young

    Project Title

    The potential and limits of international adjudication

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project sets out to provide the first detailed account of the context and impact of the cases in which Australia has been involved before the Court as well as to assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes more generally. This timely project will not only document an historic set of engagements spanning 70 years, but also provide guidance on when international adjudication may be productive for Australia, the Asia-Pacific region and the international legal order.

    Commencement Year

    2018

    Funding

    $424,608

    Chief Investigators

    Professor Hilary Charlesworth
    Associate Professor Margaret Young

  • Belinda Fehlberg, Kristin Natalier and Bruce Smyth

    Project Title

    The meaning of home for children after parental separation

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. No prior research has done so. This is despite the personal and social significance of home, the reality that most children now traverse two households if parents separate, and increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the anticipated goal of the project is to provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law towards more child-responsive parenting arrangements.

    Commencement Year

    2018

    Funding

    $250,846

    Chief Investigators

    Professor Belinda Fehlberg
    Associate Professor Kristin Natalier (Flinders University)
    Associate Professor Bruce Smyth (Australian National University)

  • Susan Kneebone, Antje Missbach and Heru Susetyo

    Project Title

    Indonesia's refugee policies: responsibility, security and regionalism

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to analyse the formulation and implementation of Indonesia’s laws and policy on refugees and asylum seekers, by utilising original empirical research, to understand better the ‘Indonesian state’, its perceptions and responses to these issues nationally, regionally, and under the bilateral relationship with Australia. It utilises concepts of responsibility, security and regionalism to generate new knowledge in the areas of refugee protection, human security and regionalism in Southeast Asia. Expected benefits are strengthened institutional collaboration with Indonesian academics and policy-makers and fresh thinking on responsible regional solutions for refugee protection.

    Commencement Year

    2018

    Funding

    $295,903

    Chief Investigators

    Professor Susan Kneebone
    Dr Antje Missbach (Monash University)
    Dr Heru Susetyo (Universitas Indonesia)

  • Adrienne Stone and Carolyn Evans

    Project Title

    Freedom and inclusion in the modern university

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to understand conflicts in modern universities over intellectual freedom and inclusiveness. Universities are important social institutions whose core values must include a commitment to intellectual freedom and to including people from different backgrounds and with different views. These values have increasingly come into tension, causing anger, division and even violence in some parts of the world. This project aims to develop a strong theoretical understanding of these conflicts in modern universities and will create a set of practical principles to help universities prevent or manage these conflicts. This project is expected to strengthen universities’ capacities to benefit Australian society and students and staff.

    Commencement Year

    2017

    Funding

    $176,000

    Chief Investigators

    Professor Adrienne Stone
    Professor Carolyn Evans

  • Tim Lindsey, Kerstin Steiner and Barry Hooker

    Project Title

    Islam, Law and the State in the Philippines

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharia in their research for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state system for the application of Islamic law in the Philippines and alternative systems developed by Muslim minorities who have used violence in their efforts to secede from that state, and have threatened regional security.

    Commencement Year

    2016

    Funding

    $200,100

    Chief Investigators

    Professor Tim Lindsey
    Dr Kerstin Steiner (Monash University)
    Professor Barry Hooker

  • Bernadette McSherry, Lisa Waddington and Peter Bartlett

    Project Title

    Model Laws to Regulate the use of Restraint on Persons with Disabilities

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to address the current lack of a common legal framework for regulating the use of restraint on person with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers' National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission's work on reducing and eliminating restraint. Its main objective is to benefit persons with disabilities by supporting government policies aimed at reducing, with a view to eliminating, the adverse consequences of coercive practices in general.

    Commencement Year

    2016

    Funding

    $367,866

    Chief Investigators

    Professor Bernadette McSherry
    Professor Lisa Waddington (Maastricht University)
    Professor Peter Bartlett (University of Nottingham)

  • Jacqueline Peel, Hari Osofsky and Brett McDonnell

    Project Title

    Devising a Legal Blueprint for Corporate Energy Transition

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition is in its infancy. Drawing on empirical data and more extensive United States experience with the use of corporate law tools for climate ends, the project plans to uncover roadblocks to corporate energy transformation, and identify law and governance reforms necessary for putting the private sector on a low-carbon pathway.

    Commencement Year

    2016

    Funding

    $293,052

    Chief Investigators

    Professor Jacqueline Peel
    Professor Hari Osofsky (University of Minnesota)
    Professor Brett McDonnell (University of Minnesota)

  • Jane McAdam, Michelle Foster and Helene Lambert (administered by UNSW)

    Project Title

    The Concept of 'Imminence' in the International Protection of Refugees

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The project aims to contribute to the law on international protection by examining the concept of 'imminence'. We are in an unprecedented era of international displacement; over 50 million people on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks - like the impacts of climate change. This creates new challenges for countries because traditional refugee frameworks are ill-suited to respond. The question this project asks is: if people cross a border to escape future harm, how 'imminent' does the harm need to be before another country has an obligation to protect them? Should international law protect only people who face the risk of immediate danger, or should it also protect those at risk of harm that may manifest more slowly over time?

    Commencement Year

    2016

    Funding

    $360,000

    Chief Investigators

    Professor Jane McAdam (University of New South Wales)
    Professor Michelle Foster
    Professor Helene Lambert (University of Westminster)

    Administering Organisation

    University of New South Wales

  • Farrah Ahmed, Carolyn Evans, Helen Rhoades and Ghena Krayem

    Project Title

    The Response of Australian Family Law to Islamic Community Processes

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The question of whether the Australian legal system should recognise Islamic family law processes has attracted increasing debate in recent years, reflecting similar developments in other countries. Underpinning opposition to legal recognition are concerns that such processes disadvantage Muslim women. Despite these claims, little is presently known about the impact of these processes or about the experiences of Muslim women who use them. This project, which combines expertise in law and religion and family law, aims to provide the first detailed empirical and normative examination of this question in Australia, offering a unique evidence base to inform future policy developments.

    Commencement Year

    2015

    Funding

    $329,900

    Chief Investigators

    Dr Farrah Ahmed
    Professor Carolyn Evans
    Professor Helen Rhoades
    Dr Ghena Krayem (The University of Sydney)

  • Caron Beaton-Wells, Christopher Arup, David Merrett and Jane Dixon

    Project Title

    Regulating Australia's Retail Grocery Sector - Goals, Actors and Techniques

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail grocery sector. In the first Australian research of its kind, it endeavours to explain how the chains' strategies and industry relationships influence regulatory action. The research is expected to produce recommendations on instruments and techniques to ensure that regulation of the sector is legally and practically efficient and effective.

    Commencement Year

    2015

    Funding

    $372,900

    Chief Investigators

    Professor Caron Beaton-Wells
    Professor Christopher Arup (Monash University)
    Professor David Merrett (Faculty of Business and Economics, University of Melbourne) Associate Professor Jane Dixon (Australian National University)

  • Paul Ali and Ian Ramsay

    Project Title

    The Legal and Social Dimensions of Financial Hardship in Australia: Implications for Legal Regulatory and Policy Frameworks

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Financial hardship, the reduced ability to meet monetary obligations because of loss of employment, illness or disaster, is an increasing problem for both low-income and middle-income Australians. This project is the first in- depth study of the practical operation of Australia's financial hardship laws, which are designed to protect Australians suffering financial hardship. Major surveys will be undertaken of senior staff of financial dispute resolution schemes, financial counsellors, consumer solicitors and consumer advocates as well as persons suffering financial hardship. The project outcomes will include improvements to dispute resolution involving financial hardship and consumer advisory services, and potential law reform proposals.

    Commencement Year

    2014

    Funding

    $396,000

    Chief Investigators

    Associate Professor Paul Ali
    Professor Ian Ramsay

  • Helen Anderson, Ann O'Connell, Ian Ramsay and Michelle Welsh

    Project Title

    Phoenix Activity: Regulating Fraudulent Use of the Corporate Form

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Fraudulent phoenix activity is of great concern to Australian policymakers. It occurs where there is the deliberate liquidation of a company to avoid paying debts, but the business continues through another company, and in corporate groups through the liquidation of undercapitalised subsidiaries and transfer of business to other companies in the group. This behaviour causes huge losses in taxation revenue and large financial losses for employees and unsecured creditors. To strengthen Australia’s economic fabric, this project aims to determine the optimal method of dealing with fraudulent phoenix activity through a thorough examination of all of its aspects in Australia and by a comparative analysis of international responses.

    Commencement Year

    2014

    Funding

    $403,000

    Chief Investigators

    Associate Professor Helen Anderson
    Professor Ann O'Connell
    Professor Ian Ramsay
    Dr Michelle Welsh (Monash University)

  • Elise Bant and Jeannie Paterson

    Project Title

    Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The Australian Consumer Law (ACL) and its precursor, the Trade Practices Act, have revolutionised the Australian consumer protection landscape. However, consumers are not receiving the protection envisaged under the Act because of fundamental uncertainties undermining the statutory remedies. The problem lies in the lack of any rigorous theoretical account of the ongoing interactions between the remedial provisions of the ACL and the remedies that have traditionally been applied by judges in similar circumstances. This account will develop that framework to unlock the full potential of the remedial provisions of the ACL and provide a fresh means of understanding the evolving relationship between statutory and judge-made law.

    Commencement Year

    2014

    Funding

    $244,670

    Chief Investigators

    Professor Elise Bant
    Associate Professor Jeannie Paterson

  • Sundhya Pahuja, Gerry Simpson and Matthew Craven

    Project Title

    International Law and the Cold War

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of the international legal and diplomatic order. This is particularly relevant now, when emerging global divisions threaten to repeat the ideological enmity and paranoia that was a feature of the Cold War period.

    Commencement Year

    2014

    Funding

    $329,980

    Chief Investigators

    Professor Sundhya Pahuja
    Professor Gerry Simpson
    Professor Matthew Craven (SOAS, University of London)

  • Leon Trakman, Luke Nottage, Jürgen Kurtz and Shiro Armstrong (administered by UNSW)

    Project Title

    Investor-state Dispute Settlement

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project will evaluate the economic and legal risks associated with the Australian Government's current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy.

    Commencement Year

    2014

    Funding

    $260,000

    Chief Investigators

    Professor Leon Trakman (University of New South Wales)
    Professor Luke Nottage (University of Sydney)
    Associate Professor Jürgen Kurtz
    Dr Shiro Armstrong (Australian National University)

    Administering Organisation

    University of New South Wales

  • Tim McCormack, Rain Liivoja and Bob Mathews

    Project Title

    Emerging Technologies of Warfare as a Challenge to the Law of Armed Conflict: Cyber-attacks, Robotics and Nanotechnology

    Grant Scheme

    ARC Discovery Project

    Project Summary

    In order to reduce suffering in war, international law places limits on the ways in which the adversary can be harmed. This project will assess how the law fares in dealing with emerging technologies, such as hostile uses of computer networks, robotics and nanotechnology. It will provide guidance to policy makers on how the law can be improved.

    Commencement Year

    2013

    Funding

    $316,000

    Chief Investigators

    Professor Tim McCormack
    Dr Rain Liivoja
    Associate Professor Bob Mathews (Defence Science and Technology Organisation)

  • Jacqueline Peel and Hari Osofsky

    Project Title

    Transition to a Clean Energy Future: The Role of Climate Change Litigation in Shaping our Regulatory Path

    Grant Scheme

    ARC Discovery Project

    Project Summary

    As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.

    Commencement Year

    2013

    Funding

    $250,000

    Chief Investigators

    Professor Jacqueline Peel
    Associate Professor Hari Osofsky (University of Minnesota)

  • Joo-Cheong Tham, Iain Campbell and Judy Fudge

    Project Title

    Precariousness in Law and Labour Markets: The Case of Temporary Migrant Workers

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project examines the situation of temporary migrant workers in Australia, focusing on the nature and extent of their precariousness both in law and in labour market practice. It offers a major contribution to current research and policy debates on the implications of temporary migrant labour.

    Commencement Year

    2013

    Funding

    $245,000

    Chief Investigators

    Associate Professor Joo-Cheong Tham
    Dr Iain Campbell (RMIT University)
    Professor Judy Fudge (University of Victoria, Canada)

  • Tania Voon and Andrew Mitchell

    Project Title

    Revisiting Australia's Preferential Trade Agreements and Bilateral Investment Treaties to Safeguard Regulatory Autonomy

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project critically evaluates Australia's free trade agreements and bilateral investment treaties in the light of recent national and international experience. Its recommendations for systematically revising existing agreements and refining approaches to negotiating new agreements will assist in protecting Australian policy space.

    Commencement Year

    2013

    Funding

    $320,000

    Chief Investigators

    Professor Tania Voon
    Professor Andrew Mitchell

  • Adrian Little, Mark McMillan, Juliet Rogers, Andrew Schaap, Erik Doxtader and Paul Muldoon (administered by School of Social and Political Sciences, UoM)

    Project Title

    Resistance, Recognition and Reconciliation in Australia - Lessons from South Africa and Northern Ireland

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project examines resistances to reconciliation in Australia, South Africa and Northern Ireland. The project compares efforts toward reconciliation in these conflictual societies to contribute to knowledge on how to live with conflictual political, psychological and jurisdictional claims in light of efforts toward Australia's Constitutional Amendment.

    Commencement Year

    2013

    Funding

    $162,000

    Chief Investigators

    Professor Adrian Little (School of Social and Political Sciences, University of Melbourne)
    Dr Mark McMillan
    Dr Juliet Rogers (School of Social and Political Sciences, University of Melbourne)
    Dr Andrew Schaap (University of Exeter)
    Professor Erik Doxtader (University of South Carolina)
    Dr Paul Muldoon (Monash University)

    Administering Organisation

    School of Social and Political Sciences, University of Melbourne

  • Kim Rubenstein, Ann Genovese and Trish Luker (administered by ANU)

    Project Title

    The Court as Archive: Rethinking the Institutional Role of Federal Superior Courts of Record

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project examines the institutional role of federal superior courts of record to ground an analysis of their responsibilities as curators of a significant national archive. It will provide principles for the administration of court records that respond to the competing legal and civic demands of contemporary Australian society.

    Commencement Year

    2013

    Funding

    $170,500

    Chief Investigators

    Professor Kim Rubenstein (Australian National University)
    Dr Ann Genovese
    Dr Trish Luker (University of Technology, Sydeney)

    Administering Organisation

    Australian National University

  • John Tobin and Philip Alston

    Project Title

    Children's Rights: From Theory to Practice

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Children's rights are important but their scope is contested. This project will clarify their meaning. It will provide guidance to legislators, policy makers and advocates working with or for children, and generate a deeper understanding of the role of rights in resolving some of the major challenges facing children in Australia and around the world.

    Commencement Year

    2012

    Funding

    $295,000

    Chief Investigators

    Professor John Tobin
    Professor Philip Alston (New York University)

  • Carolyn Evans

    Project Title

    Religious Autonomy and the Restriction of Rights or Freedoms by Religious Communities: Comparative and Theoretical Approaches

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Religious communities must be autonomous in order to protect their unique identity and mission. Yet in exercising their autonomy they may interfere with the rights of freedoms of others. This project's sophisticated analysis of the tension between the two sets of rights will offer a resolution that strengthens Australia's social fabric.

    Commencement Year

    2011

    Funding

    $174,443

    Chief Investigator

    Professor Carolyn Evans

  • Beth Gaze and Anna Chapman

    Project Title

    Reshaping Employment Discrimination Law: Towards Substantive Equality at Work?

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The Australian employment discrimination law system comprises long standing anti-discrimination law and novel discrimination provisions from the Fair Work Act 2009. This project studies the operation and effectiveness of the reshaped system, to assess whether it is likely to be effective in supporting a more substantive version of equality at work.

    Commencement Year

    2011

    Funding

    $217,000

    Chief Investigators

    Associate Professor Beth Gaze
    Assoicate Professor Anna Chapman

  • Helen Rhoades and John Dewar

    Project Title

    Making Children's Needs Knowable to Law

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project addresses the growing concerns that the family law system is not adequately safeguarding children's wellbeing in parenting cases. Its development of an evidence-based framework for decision-making will facilitate the production of outcomes that will better support the wellbeing of families affected by relationship breakdown.

    Commencement Year

    2011

    Funding

    $250,000

    Chief Investigators

    Professor Helen Rhoades
    Professor John Dewar

  • Cheryl Saunders

    Project Title

    Meeting the Challenges of Constitutional Comparison

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project offers a more genuinely global approach to comparative constitutional law. It will deepen understanding of the operation and underlying assumptions of systems of government in countries around the world, assisting Australia in its dealings with neighbours and strategic partners and in developing its own constitutional arrangements.

    Commencement Year

    2011

    Funding

    $235,000

    Chief Investigator

    Professor Cheryl Saunders

  • Maureen Tehan, Lee Godden, Margaret Young and Kirsty Gover

    Project Title

    Climate Change Law and Mitigation: Forest Carbon Sequestration and Indigenous and Local Community Rights

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credit for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensitive ecosystems.

    Commencement Year

    2011

    Funding

    $305,000

    Chief Investigators

    Associate Professor Maureen Tehan
    Professor Lee Godden
    Associate Professor Margaret Young
    Associate Professor Kirsty Gover

  • Paul Ali and Ian Ramsay

    Project Title

    Safeguarding the Financial Well-Being of Australians by Improving Financial Literacy: Implications for Consumer Protection Laws

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The project will contribute to a broader understanding of the role of financial literacy in Australia and its relationship with Australia's financial services and consumer protection laws. Having financially literate consumers facilitates the uptake and development of innovative financial products. This is essential for promoting an innovation culture and economy. Higher levels of financial literacy also enable consumers to plan better for their and their families' financial well being. This also has national benefit as it means that consumers are better prepared to deal with the adverse financial consequences of job loss, illness, disablement or death, thus reducing the stresses and demands on Australia's social welfare safety net.

    Commencement Year

    2010

    Funding

    $276,000

    Chief Investigators

    Associate Professor Paul Ali
    Professor Ian Ramsay

  • Helen Anderson

    Project Title

    Reform of the Personal Liability of Directors for Unpaid Employee Entitlements

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Laws imposing liability on corporate directors must balance responsible governance by directors and the need for appropriate compensation for affected parties with the risk of inhibiting directors' legitimate commercial decision-making. A pressing issue is the extent to which directors should be liable for unpaid employee entitlements, given the ineffectiveness of the relevant Corporations Act provisions and the burden this places on taxpayers. This project will examine other models of liability, which provide greater deterrence and possible compensation, including incentives to place companies into voluntary administration. The objective is to recommend reform to the employee entitlement provisions.

    Commencement Year

    2010

    Funding

    $143,586

    Chief Investigator

    Associate Professor Helen Anderson

  • Elise Bant and Michael Bryan

    Project Title

    The Principles of Proprietary Remedies

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.

    Commencement Year

    2010

    Funding

    $168,000

    Chief Investigators

    Associate Professor Elise Bant
    Professor Michael Bryan

  • Simon Evans

    Project Title

    Executive Power under the Australian Constitution: Definition, Delimitation and Accountability

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful protection of Australian interests. This project will provide the first integrated, broadly based and comparatively informed analysis of executive government under the Constitution since the emergence of Australian constitutional nationalism in the High Court in the 1990s and since the executive assumed expanded powers in the post 9/11 world.

    Commencement Year

    2010

    Funding

    $213,000

    Chief Investigator

    Professor Simon Evans

  • Michelle Foster and James Hathaway

    Project Title

    The Law of Refugee Status: A Theoretical and Comparative Analysis

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project will make a significant contribution to international refugee law scholarship, thus consolidating Australia's place as a centre for excellence in international refugee law. In addition, the project will have immediate practical relevance for individual refugee status determination in all states party to the Convention, especially Australia, in its utility for practitioners, advocates and decision makers. It will also provide a principled basis for future policy development in Australia and abroad. It will therefore make a significant contribution to an area of law that is vital to Australia's future and to the international community as a whole.

    Commencement Year

    2010

    Funding

    $286,000

    Chief Investigators

    Associate Professor Michelle Foster
    Professor James Hathaway

  • Tim Lindsey and Pip Nicholson

    Project Title

    Drugs, Law and Criminal Procedure in Southeast Asia: A Comparative Analysis

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesia, Vietnam and Singapore, so better support can be provided both for Australians facing drug related charges and for Australian governments in developing policies and strategies in response to the issues these trials create.

    Commencement Year

    2010

    Funding

    $281,000

    Chief Investigators

    Professor Tim Lindsey
    Professor Pip Nicholson

  • Ann O'Connell, Miranda Stewart and Matthew Harding

    Project Title

    Defining, Regulating and Taxing the Not-for-Profit Sector in Australia: Law and Policy for the 21st Century

    Grant Scheme

    ARC Discovery Project

    Project Summary

    The not for profit sector is crucial to the economy and social inclusion in Australia. The sector's role and significance is growing but it struggles with complex and disparate taxation requirements and piecemeal supervision by state and federal governments. This project addresses both the needs of the sector and public expectations of it by comprehensively researching legal definition, regulation and tax rules and recommending appropriate reform, thereby making a significant contribution to National Priority Research area, Promoting and Maintaining Good Health and Well Being, Priority Goal 4, 'Understanding and strengthening key elements of Australia's social and economic fabric'.

    Commencement Year

    2010

    Funding

    $386,000

    Chief Investigators

    Associate Professor Ann O'Connell
    Professor Miranda Stewart
    Associate Professor Matthew Harding

  • Gerry Simpson

    Project Title

    A Conceptual History of War Crimes Trials

    Grant Scheme

    ARC Discovery Project

    Project Summary

    Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trials.

    Commencement Year

    2010

    Funding

    $249,000

    Chief Investigator

    Professor Gerry Simpson

  • Joo-Cheong Tham, Brian Costar and Graeme Orr

    Project Title

    Dollars and Democracy: The Dynamics of Australian Political Finance and its Regulations

    Grant Scheme

    ARC Discovery Project

    Project Summary

    This project will provide a foundation for meeting the complex challenge of realising democratic principles given the various flows of money in politics. Its analyses (including reform recommendations) and data will serve the national benefit by enabling the political and electoral system to better advance the democratic functions of parties, the principles of transparency, equality and liberty, and the prevention of corruption and its perception. The public availability of its data will enhance political reporting and accountability. It will also contribute significantly to the international literature on political finance through its comparative examination of theoretical explanations and democratic principles.

    Commencement Year

    2010

    Funding

    $129,000

    Chief Investigators

    Assoicate Professor Joo-Cheong Tham
    Professor Brian Costar (Swinburne University)
    Dr Graeme Orr (University of Queensland)