ARC Grants

Project title:  International Obligations in IP Enforcement
Researcher: Weatherall, K
Grant type:  ARC Discovery Project
Duration:  2015-2017
Funding:  $179,728
Project summary: Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal analysis and conceptual synthesis of recent international and domestic developments in enforcement of patent, trade mark, copyright and other similar rights. The project intends to bring analytical rigour to highly polarised academic and policy discussions around the growth of international and domestic rules about IP enforcement.
Project title:  The Response of Australian Family law to Islamic community processes
Researcher:  Ahmed, F; Evans, C; Rhoades, H; Krayem, G
Grant type:  ARC Discovery Project
Duration:  2015-2017
Funding:  $329,900
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.
Project title: International Law and the Anthropocene
Researcher: Stephens, T
Grant type:  ARC Future Fellowship
Duration: 2014-2018
Funding: $711,995
Project summary: This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental regimes are capable of further development to ensure the continued existence of a safe operating space for humanity.
Project title: Improving wellbeing through student participation at school

Graham, A; Bessell, S ; Cashmore, J; Thomas, N ; Thornton, P; Gardon, L; Habgood, R

Grant type:  ARC Linkage Project
Duration:  2014-2017
Funding: $320,000
Project summary: Current evidence suggests child and youth participation in matters affecting their lives has many benefits, but little is known about how this is perceived and practiced in education. This research aims to improve knowledge about processes and outcomes of student participation at school, particularly in relation to improving wellbeing. The project is timely and significant because recent reforms in education now require a greater emphasis on engaging students more directly in decisions about their education, including those with special needs. Schools urgently require knowledge about the key elements of participation that impact on wellbeing and a tool for measuring and monitoring their performance in facilitating these elements.
Project title: Protected action ballots and protected industrial action under the Fair Work Act: The impact of ballot procedures on enterprise bargaining processes
Researcher: McCrystal, S
Grant type:  ARC Discovery Project
Duration:  2014-2016
Funding: $318,000
Project summary: This project will examine the process by which employees and their bargaining representatives choose to take lawful industrial action under the Fair Work Act. It will explore the effect of the statutory processes on bargaining representative decision-making and bargaining behaviour, and the effect on employee access to lawful industrial action.
Project title: How are decisions made in Children's Court care matters and what are the outcomes for children?
Researcher: Cashmore, J
Grant type:  ARC Discovery Project
Duration:  2013-2015
Funding: $265,401
Project summary: How are decisions made in Children's Court child protection cases and what are the outcomes for children? This research will examine, for the first time in Australia, the evidence provided to the courts, how it is used and viewed by legal and non-legal professionals, and how these link with children's experiences and their developmental outcomes.
Project title: A constructive critique of the political approach to the philosophy of human rights
Researchers: Campbell, T, Ivison, D, Kinley, D, Sadurski, W, West, C, Bedi, S, Pogge, T, Valentini, L, Tasioulas, J & Wenar, L
Grant type: ARC Discovery Project
Duration: 2013-2015
Funding: $108,620
Project Summary: This project explores the many uses of human rights discourse in contemporary politics. It focuses on an increasingly popular 'political' approach that identifies human rights as grounds for action against states which violate these rights. This project has implications for how the Human Rights (Parliamentary Scrutiny) Act 2011 should be implemented.
Project title: Responsibility in criminal law
Researcher: Loughnan, A
Grant type: ARC Discovery Early Career Researcher Award
Duration: 2013-2015
Funding: $374,906
Project Summary: The principle of criminal responsibility lies at the heart of our criminal justice systems. This project provides a systematic analysis of criminal responsibility in the context of the NSW criminal law. It engages Australian scholarship in, and enhances Australia's contribution to, an important and growing field.
Project title: Comparing immigration policy in the ‘Group of Five’: Developing an evidence base for evaluating the role of policy in international migration
Researchers: Crock, M, Boucher, A, Castles, S, Hiscox, M, Thielemann, E and Cully, M
Grant type:  ARC Linkage Project
Duration:  July 2012-June 2015
Funding: $320,000
Project summary: Testing the impact of immigration policy is an interdisciplinary, multi-national study evaluating the policy management of immigration movements over 50 years and across the five countries Australia uses as comparators. It includes a detailed study of measures to deter and otherwise control irregular migration.
Project title: Cyber-racism and community resilience
Researchers: Jakubowicz, M, Mason, G,  Bliuc, A-M, Paradies, Y, Nasya, B, Dunn, K, Erlichster, V & Henry, A
Grant type: ARC Linkage Project
Duration: July 2012-June 2015
Funding: $173,224
Project summary: Racism has become a significant source of social stress, facilitated through the internet, undermining community cohesion. This project will document perpetrators’ creation of racist content, internet users’ exposure to cyber-racism, the capacity of regulation to manage the impact, and how social media can help communities to resist cyber-racism.
Project title: The emerging international law of terrorism
Researcher: Saul, B
Grant type: ARC Future Fellowship
Duration: November 2011-October 2015
Funding: $692,476
Project summary: This project investigates the impact of terrorism and counter-terrorism on the development of contemporary international law. It does so first through a thorough exposition of what the law now ‘is’, after much legal uncertainty since 11 September 2001. It secondly critiques that law in light of regulatory alternatives, an analysis of the values and interests served (or not) by the law, and the legitimacy of current responses. The project is significant because it addresses a key national and international security problem, utilizing distinctive empirical and theoretical approaches. The project will lead to a better understanding of the promise and limits of international law in effectively and legitimately responding to terrorist violence.
Project title: Growing inequality in incomes and wealth and the taxation of capital income: An economic and legal analysis 
Researchers: Apps, P, Vann, R, Rees, R & Loutzenhiser, G 
Grant type: ARC Discovery Project
Duration: January 2012-December 2014 
Funding: $282,000
Project summary: The research will analyse the system of capital income taxation for Australia and derive results that are wellfounded in terms of economic modeling, empirical data and feasibility of implementation. The economic analysis will address the balance between taxation of income from capital vis-à-vis labour earnings, the progressivity of tax rates on capital and labour incomes, and the role of consumption taxation. The results of this will then be developed, in the light of the legal framework surrounding the tax treatment of capital and labour income, especially of wealthier households, into an implementable set of reform proposals for the Australian tax system. 
Project title: Evidence-informed legal strategies for preventing cancer, heart disease and diabetes: what can Australia learn from the United States? 
Researchers: Magnusson, R & Gostin, L
Grant type: ARC Discovery Project
Duration: January 2012-December 2014  
Funding: $212,000 
Project summary: Tobacco use, poor diet, obesity and a sedentary lifestyle are the leading, preventable causes of death and disability in Australia. Achieving improvements in these lifestyle risk factors across the population could significantly boost healthy life expectancy and reduce mortality from heart disease and stroke, cancer, diabetes and tobacco-related diseases. By reviewing evidence of the effectiveness of laws for addressing these risk factors, and considering the experience of jurisdictions in the United States, this project will strengthen the capacity of policy-makers in Australia to make evidence-informed decisions about legal initiatives to prevent these diseases. 
Project title: A federation of cultures? Innovative approaches to multicultural accommodation
Researchers: Aroney, N & Parkinson, P
Grant type: ARC Discovery Project
Duration: January 2012-December 2014  


Project summary: As Australia becomes increasingly diverse, we need to find new ways to accommodate minority cultures in a manner that balances minority rights with core Australian values and promotes social cohesion. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights. The project will pursue these goals by examining developments in other countries and by building on theoretical approaches that offer more scope for innovative solutions to issues posed by Australian's unique form of multiculturalism.
Project title: Judicial perceptions of the media: A thematic analysis
Researcher: Rolph, D
Grant type: ARC Discovery Project
Duration: January 2012-December 2014  
Funding: $106,000
Project summary: Open justice is fundamental to the rule of law. The courts rely on the media to act as 'the eyes and the ears' of the public. The media is also referred to as the 'fourth estate' - a recognition of the significant public role the media can perform in a representative democracy. However, there are other, less complimentary characterisations of the media. This project undertakes the first, comprehensive, thematic analysis of how judges perceive the media and assesses the ways in which those perceptions inform and influence judicial determinations about the media's conduct. 
Project title: Terrorism and the international law of armed conflict
Researcher: Saul, B
Grant type: ARC Discovery Project
Duration: January 2012-December 2014  
Funding: $195,000
Project summary: The project comprehensively investigates the impact of transnational terrorism and counter-terrorism on the international law of armed conflict, against a background of chronic legal confusion. The first part of the project clarifies the current law through an empirical examination and exposition of what the law in the area now ‘is’, bringing more certainty to those affected by conflicts involving terrorism. The second part critiques the current law in light of various regulatory alternatives for better balancing military and humanitarian objectives, enhancing compliance by state and non-state actors, and limiting violence and human suffering. In the process, the project exposes the values and interests privileged or suppressed by the law. 
Project title: Testing trade mark law's image of the consumer
Researchers: Burrell, R, Humphreys, M, Weatherall, K,  Kelly,S, Burt, J & Richardson, M
Grant type: ARC Linkage Project
Duration: January 2012-December 2014
Funding: $250,000
Project summary: An effective trade mark law is vital both to protect consumers and to allow businesses to build brand recognition. This project seeks to put Australian trade mark law on a firmer empirical footing by bringing together experts from psychology, law and marketing to test the law's assumptions against actual consumer responses.
Project title: National registration of health practitioners: a comparative study of the complaints and notification system under the national system and in NSW 
Researchers: Chiarella, M, Walton, M, Bennett, B, Carney, T, Kelly, P & Foster, J 
Grant type: ARC Linkage Project
Duration: July 2011-June 2014 
Funding: $327,870 
Project summary: This project aims to compare the health practitioner complaints investigation and management processes undertaken in NSW by the Health Professional Councils Authority with the processes of the Australian Health Practitioner Regulation Agency, which operates in the remaining states and territories. To date, there has been no systematic objective comparison of the different complaints investigation processes. This study will be highly significant as it will be the first of its kind in Australia and will provide insight into complaints handling and notification at a state and national level. The national scheme itself is the subject of attention for many other countries and the study will be ground-breaking both in its methods and its focus. 
Project title:  Indonesia's Constitutional Court: Safeguarding democratic transition? 
Researcher:  Butt, S 
Grant type:  ARC Discovery Project / ARC Postdoctoral Fellowship
Duration:  January 2011-December 2014 
Funding:  $300,000
Project summary:  The Indonesian Constitutional Court, established in 2003, is a key institution in the post-Soeharto democratisation of Indonesia. Its two core functions are enforcement of the Constitution and the resolution of disputed electoral returns (of which there have been hundreds). These functions are central to the maintenance of Indonesia’s new democracy, yet the Court’s role and jurisprudence in election-related cases have received relatively little scholarly attention. This project will analyse the Court’s legal function as the ‘guardian’ of democracy in this densely populated and complex society, whose stability is of particular importance to Australia’s regional interests. 

NHMRC Grants

Project title: Addressing conflicts of interest in public health and biomedicine: enhancing professional integrity and safeguarding the public’s health
Researchers: Lipworth, W, Kerridge, I, Komesaroff, P, Stewart, C & Olver, I 
Grant type: NHMRC Project Grant 
Duration: January 2014-December 2016
Funding: $564,553 
Project summary: It is common for health researchers, clinicians and policymakers to have "conflicts of interest" due, for example, to relationships with private industry. It is widely accepted that conflicts of interest can at times distort research, policymaking and practice, but there is no consensus as to how they should be conceptualised, assessed or managed. In this project we will explore the causes and impacts of conflict of interest, and devise a sophisticated framework for managing them. 
Project title: Ensuring the utility and sustainability of tissue banks: Supporting translational research in Australia through informed regulation and community engagement
Researchers: Kerridge, I, Stewart, C, Marlton, P, Otlowski, M, Nicol, D & Critchley, C 
Grant type: NHMRC Project Grant 
Duration: January 2012-December 2014
Funding: $437,215 
Project summary: Tissue Banks provide a critical resource for basic and translational research into the causes and treatment of many diseases affecting children and adults. They have underpinned many recent developments in medicine, including the identification of biomarkers and the development of targeted therapies, particularly in haemo-oncology. This study aims to provide empirical evidence that will inform the development of strategies to ensure the sustainability of tissue banks in Australia and maximise their contribution to research. 

Other Competitive Grants

Project title: The impact of delayed reporting on the prosecution of child sexual assault cases and the outcomes
Researchers: Cashmore, J, Shackel, R & Parkinson, P
Grant type: Royal Commission into Institutional Responses to Child Sexual Abuse
Duration: 2013-2014
Funding: $161,848
Project summary: This six-month project is funded through the Royal Commission into Institutional Responses to Child Sexual Abuse. It is commonplace for children who are sexually abused not to disclose the abuse at the time it is taking place, with many not disclosing for some years, if at all. The aim of this research is to examine the prosecution process, including appeals, for cases of child sexual abuse that are disclosed/reported in adulthood compared with those disclosed/reported in childhood. It will investigate the evidentiary issues and the trends in delayed disclosure and reporting of child sexual assault cases and map the prosecution process and outcomes with varying degrees of delay in reporting. This research will fill several gaps in our knowledge about the prosecution of historical child sexual assault cases.
Project title: Making justice work for women in northern Uganda, Kenya and Democratic Republic of Congo
Researchers: Shackel, R, Lambourne, W & Fiske, F
Grant type: AusAID Development Research Awards Scheme (ADRAS)
Duration: 2013-2014
Funding: $580,941
Project summary: This project investigates the efficacy of transitional justice for women considering the realities of women’s lives in conflict and post-conflict contexts and their experiences of recurrent violence in northern Uganda, Kenya and Democratic Republic of Congo. The research will identify women’s priorities in the transitional justice context and the obstacles that prevent them from accessing justice and human rights.
Project title: Protection of refugees with disabilities in camp situations
Researchers: Crock, M, McCallum, R & Saul, B
Grant type: AusAID - Commissioned Research Proposal
Duration: December 2011-November 2014
Funding: $356,421
Project summary: This project will: 1. Investigate and analyse the range of processes by which persons with disabilities are identified, and their needs assessed, for protection and assistance purposes in refugee camps or urban settings (including where there are failures to identify such persons or their needs); 2. Evaluate the extent to which the delivery of services and the provision of legal protection to refugees with disabilities in camps or urban settings is consistent with international legal standards and ‘soft law’ principles; 3. Examine the capacity of refugees with disabilities to access resettlement procedures and outcomes (or other durable solutions such as local integration and repatriation); and 4. Draw conclusions and make recommendations as to standards of ‘best practice’ for the identification, needs assessment, and the provision of assistance, protection and resettlement to refugees with disabilities in camps or urban settings.
Project title: Centre for International Finance and Regulation
Researchers: Hill, J, McCracken, S, Stumbles, J, Bird, J, Cooper, G, Dirkis, M, Vann, R, Carlin, T and Frino, A in collaboration with other universities, research centres and industry partners 
Grant type: Centre for International Finance and Regulation Tender 
Duration: July 2011-June 2015
Funding: $12,100,000 
Project summary: The focus of the Centre will be to put Australia at the forefront of regional and global examination of financial sector developments and the design of regulatory responses to these developments.  A major goal of the Centre will be to help prevent a repeat of the Global Financial Crisis, which to a great extent was caused by a lack of financial regulatory integrity. 
Project title: Building institutions and capabilities for work and employment in a global era: the social dynamics of labour regulation
Researchers: McCallum, R and 60 co-researchers from Inter-University Research Centre on Globalization and Work
Grant type: Social Sciences and Humanities Research Council of Canada, Major Collaborative Research Initiatives (MCRI)
Duration: April 2008-December 2015
Funding: CAD $2,500,000
Project summary: CRIMT is an interuniversity and interdisciplinary research centre that brings together researchers from around the world to look at the theoretical and practical challenges of institutional renewal for work and employment in a global context. The CRIMT team will examine the involvement of institutional players in dialogues about change and seek to gain a better understanding of the capabilities required to evolve and thrive in this new environment. Key issues include the cross-border organization of production and care, citizenship in the workplace and the implementation of public policies that redistribute work rights and risks, new forms of collective representation, and the social aspects of comparative institutional advantage.

University of Sydney Grants

Project title: Identifying the enemy in international law: New wars, new warriors
Researcher:  Crawford, E
Grant type:  University of Sydney Postdoctoral Research Fellowship
Duration:  April 2011-March 2014
Funding: $355,000
Project summary:  This project will look at the new forms of warfare in the twenty-first century, and the new types of participants in these wars, including corporations, terrorist and trans-national criminal groups and other nonstate actors engaged in asymmetric warfare. It will be the first to examine a number of distinct yet related issues regarding armed conflicts and security operations, in order to clarify, for the purposes of policy- and law-making, the legal parameters and gaps that exist in the law relating to armed conflicts.