Faculty of Law 2005 Research Report Contents Message from the Associate Dean (Research) 1 Funded Research 2 Grants Commencing in 2005 3 Selected Grants in Progress 6 Grants Completed in 2005 9 Centres and Institutes 16 Asia Pacifi c Centre for Military Law 17 Asian Law Centre 20 Centre for Employment and Labour Relations Law 23 Centre for Comparative Constitutional Studies 26 Centre for Corporate Law and Securities Regulation 28 Centre for the Study of Contemporary Islam 30 Institute for International Law and the Humanities 32 Intellectual Property Research Institute of Australia 34 The Tax Group 36 Centre for Media and Communications Law 38 Academic Research Profi les 39 Jeremy Gans 40 Loane Skene 42 Miranda Stewart 44 Published Research 46 Journals and Newsletters 57 Journal Affi liations 61 Faculty Research Workshop 68 International Research Visitors Scheme 72 Student Published Research Prize 73 Academic Staff 74 Research Higher Degrees Completed in 2005 84 Research Higher Degrees in Progress 85 Message from the Associate Dean (Research) Faculty of Law 2005 Research Report 1 Message from the Associate Dean (Research) It is a great pleasure to present the 2005 Research Report, topics discussed at the Faculty Research Workshop convened which provides an overview of the research activities in the by Associate Professor Andrew Kenyon during 2005. Faculty of Law during 2005. The Faculty’s Research Higher Degree (RHD) candidates In 2005 Faculty members began work on nine new research make an important contribution to the Faculty’s research projects funded by the Australian Research Council. Details endeavours. Sixteen of the Faculty’s RHD candidates of those projects are provided in this report, along with an successfully completed their theses in 2005, making it a update on two funded projects in progress and the outcomes particularly successful year for our RHD program. Both the of funded projects completed in 2005. The University grant candidates and their supervisors are to be congratulated on schemes and Faculty Small Grants Scheme provided valuable their success. Dr Carolyn Evans deserves particular thanks support for a number of smaller projects undertaken in the for the advice and guidance she has provided to the Faculty’s Faculty, which are also listed. Thanks are due to the Faculty’s RHD students through the Advanced Legal Theory and grant mentors, Associate Professor Andrew Kenyon and Ms Research Methodology Program. Helen Rhoades, for the very helpful guidance they provided to The Faculty of Law is very fortunate to have a capable, diligent grant applicants in 2005. and enthusiastic group of staff in its Offi ce for Research. We The activities of the Faculty’s research centres and institutes are very grateful to Ms Margherita Matera, Ms Lucy O’Brien, are described in the second section of the report. The Ms Angela Hendley-Boys, Ms Caitlin Raynor and Ms Lupe centres and institutes perform a number of very important Trigo-Rossier for the tremendous support they provided to the functions: fostering interaction between researchers, Faculty’s research activities during 2005. I would also like to providing opportunities for discussion between researchers pay tribute to my predecessor, Professor Belinda Fehlberg, and practitioners, facilitating public debate and supporting who was extremely effective in supporting and promoting collaborative research. The substantial contribution to research in the Faculty of Law during her term as Associate the Faculty’s research effort made by centre and institute Dean (Research), which concluded in mid-2005. directors, administrators and members is gratefully acknowledged. This report includes three academic research profi les in order to provide a more detailed picture of some of the Faculty’s academic staff and their work. This year the report profi les Andrew Robertson Dr Jeremy Gans, Professor Loane Skene and Ms Miranda Professor of Law Stewart. The report also sets out the papers presented and Associate Dean (Research) Message from the Associate Dean (Research) Funded Research 3 Grants Commencing in 2005 Australian Research Council (ARC) Andrew Kenyon (2005–2007) Discovery Project Grants ‘The Future of Television: Australian Legal Protection of Digital Broadcast Content’ Paul Ali and Geof Stapledon (2005–2007) Funding: $250,000 ‘Corporate Governance and Institutional Free-to-air broadcasting performs central democratic, Investment in the Australian Financial Markets’ economic and cultural functions, with a key place in Funding: $130,000 Australia’s media. But technological changes pose fundamental and urgent challenges for broadcasters. By The fi nancial markets play a vital role in Australian economic investigating mechanisms to protect digital content, the life. The majority of the assets of Australian superannuation project will advance understanding of a crucial issue in the funds and managed investment funds are fi nancial products. digital economy. The project will increase understanding This project will provide a comprehensive account of the of options for protecting broadcast content to promote different types of complex fi nancial products available in innovation in content production and distribution, while not Australia and an assessment of the corporate governance restraining reasonable content uses nor hindering innovative practices at Australian companies and Australian consumer electronics. Australian policies should foster an institutional investors in relation to their use of complex innovative and diverse broadcasting sector to serve Australian fi nancial products. Through these outcomes, the project public interests. The project promotes this vital objective. will contribute to a broader understanding of the Australian fi nancial markets and the enhancement of corporate Tim Lindsey (2005–2007) governance practices in Australia. ‘Islamic Law in Contemporary Malaysia, Singapore Lee Godden and Maureen Tehan (2005–2007) and Brunei: The Anglo-Malay Madhhab’ ‘Managing Competing Claims to Land and Resources Funding: $170,000 – Does Property Law Promote Sustainability?’ Islam is a fundamentally legalistic religion: law and religion Funding: $180,000 are largely inseparable. In the last decade radical Islamic interpretations of sharî’ah (Islamic law) in SE Asia have A key factor in promoting environmental sustainability is the led to increasingly militant responses to modernity and resolution of competing claims to land and water resources in the secular state, that have come to threaten Australians. rural Australia. This project would examine the effectiveness Through a detailed examination of legal theory, current of property law as the major model for resolving confl icts and intellectual debates, legal institutions and substantive law regulating land and resources. Through overseas and Australian in Malaysia, Singapore and Brunei, the project offers a more comparative research the project would provide an analysis of complete understanding of Islam and law in the archipelago alternative legal and institutional models of relevance to land to Australia’s North. It will update current knowledge but will and resource management authorities, industry and community also build bridges with Muslim scholars and lawyers in the groups. It would support the resolution of competing claims region. through an examination of legal models, which may more effectively promote environmental sustainability. Funded Research Grants Commencing in 2005 Loane Skene, Mary Anne Aitken and J McCulloch, R McQueen, S Pickering, Martin Delatycki (2005–2007) Joo-Cheong Tham and D Wright-Neville (2005–2007) ‘Communicating Genetic Information in Families: ‘Combating the Financing of Terrorism: Practical, Legal, Social and Ethical Issues’ Enhancing Security or Compromising Funding: $120,000 Civil Rights and Democracy?’ The outcomes of this study, will give evidence as to Funding: $122,595 whether or not people do pass on genetic risk information to Administering Institution: Monash University relatives, how they do it, what the barriers are, what their To enhance security without compromising civil rights and preferences are. It will also provide data so that mechanisms democracy is a key challenge facing government in Australia for best practice communication and clear guidelines for and internationally. Legislative and policy developments legal and health professionals can be developed. Effective related to combating the fi nancing of terrorism and the communication and exchange of genetic risk information will forefront of attempts to safeguard Australia from terrorism. benefi t individual health and the health of future generations. The research will bring new knowledge to these policy and legislative developments; stimulate debate, provide important Don Chalmers, Dianne Nicol, Margaret Otlowski and insights to government, law enforcement, and fi nancial Loane Skene (2005–2009) regulators; and give voice to communities, organisations, ‘Facilitation and Regulation of Research and and individuals directly affected. The project will assist in Development Involving Human Genetic Databanks’ ensuring that government measures meet the challenge of Funding: $602,597 being effective without unduly compromising civil rights or democracy. Administering Institution: University of Tasmania Australia’s medical biotechnology research feeds into our biotechnology industries, with fl ow-on benefi ts for national Australian Research Council (ARC) health and prosperity. Realisation of these benefi ts is Linkage Project Grants contingent