Research impact and engagement

Research by ANU Law scholars influences public policy, inspires law reform and social justice initiatives, and addresses contemporary legal, social and political challenges in Australia, the Asia-Pacific region and around the world. Some recent examples of our research impact and engagement are listed below.

Cases and commentary (Australia)

Will v Brighton (No 2) [2021] NSWCA 8: Citation of Kieran Pender, 'The ‘Price’ of Justice? Costs-Conditional Special Leave in the High Court' (2018) Melbourne University Law 149, 191-198.
Cavanough J in Victorian Taxi Families Inc and Redfield Court Holdings Pty Ltd v Commercial Passenger Vehicle Commission [2020] VSC 762 at [119]: Citation of Professor Greg Weeks, 'Government schemes for extrajudicial compensation: an assessment' (2020) Australian Institute of Administrative Law (AIAL) Forum 100 (October 2020), 79-106.
Ian Street Developer v Arrow International [2018] VSCA 294: Citation of Dr Will Bateman and Associate Professor Leighton McDonald, ‘The Normative Structure of Australian Administrative Law’ (2017) 45 Federal Law Review 153, 168–73.
Minister for Immigration and Border Protection v SZVFW (2018) 92 ALJR 713 at [127] (Edelman J), and Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 at [40] (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ): Citation of Associate Professor Greg Weeks, Judicial Review of Administrative Action and Government Liability, (Thomson Reuters, 6th ed, 2017).
Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174 at [49] (Flick, Griffiths and Derrington JJ) and Commonwealth of Australia v Okwume [2018] FCAFC 69 at [226] (Mortimer J): Citation of Associate Professor Greg Weeks, Judicial Review of Administrative Action and Government Liability, (Thomson Reuters, 6th ed, 2017).
Alqudsi v The Queen [2016] HCA 24: Professor James Stellios engaged as an expert barrister by the Attorney Government Solicitor to advise and represent the Government.
Hargraves v The Queen [2011] HCA 44: Research by Professor James Stellios was explicitly adopted by the Commonwealth Government in its submissions to explain how the constitutional requirement of a jury trial for serious federal offences operates.
ACT Civil and Administrative Tribunal (ACAT), 2009: Professor Peta Spender appointed presidential member of the tribunal.

Cases and commentary (International)

O’Mahony & Ors v Promontoria (GEM) Dac [2020] IECA 30: Citation of Dr Solene Rowan, 'Reflections on the Introduction of Punitive Damages for Breach of Contract' (2010) Oxford Journal of Legal Studies, 30 (3), 495–517.
Denka Advantech Private Ltd v Seraya Energy Pte Ltd [2020] SGCA 119: Citation of Dr Solene Rowan, 'The "Legitimate Interest in Performance" in the Law on Penalties' (2019) Cambridge Law Journal, 78(1), 148-174.
Attorney-General v Taylor [2018] NZSC 104: Citation of research by Dr Will Bateman on the constitutional dimensions of human rights law prisoners’ eligibility to vote.
Ibrahim And Others v The United Kingdom: ECHR 13 Sep 2016: Citation of Associate Professor Ryan Goss, Criminal Fair Trial Rights: Article 6 of the European Convention (Hart Publishing, Oxford, 2014).

Government inquiries, submissions and reports

Submission to Treasury Laws Amendment (2021 Measures No.1) Bill 2021 [Provisions] (June 2021): Professor Peta Spender FAAL made a submission and gave evidence to the Committee to the controversial bill.
Review of Model Defamation Provisions – Stage 2 (May 2021): Dr Jelena Gligorijevic AFHEA provided a written submission in response to the discussion paper.
Submission in Response to the United Nations (UN) Special Rapporteur on trafficking in persons, especially women and children (21 January 2021): Dr Faith Gordon, together with colleagues Dr Rumyana van Ark and Dr Devyani Prabhat, provided a submission to the UN.
Submission to Litigation funding and the regulation of the class action industry (December 2020): Professor Peta Spender FAAL provided a submission to the Parliamentary Joint Committee on Corporations and Financial Services inquiry.
Submission in Response to the United Nations Committee on the Rights of the Child’s Call for Comments on the General Comment on Children’s Rights in Relation to the Digital Environment (November 2020): Dr Faith Gordon and Josie Cochrane submitted a response to the UN's call for comments.
Review of the Privacy Act 1988 (Cth) (November 2020): Dr Jelena Gligorijevic AFHEA provided a written submission in response to the issue paper.
ANU Grand Challenge Zero-Carbon Energy for the Asia-Pacific’s submission to the Review of Australia’s Bilateral Investment Treaties: Dr Emma Aisbett, Dr Esmé Shirlow, Dr Christian Downie and Dr Lily O’Neill.
Review of Australia’s Bilateral Investment Treaties: Dr Esmé Shirlow provided comments in response to the Department of Foreign Affairs and Trade’s call for submissions.
Sport Integrity and Corruption: Best Practice Australian and International Policy & Program Delivery Approaches (2019): Associate Professor Kath Hall prepared an expert report for Sport Integrity Australia, the Department of Health, Commonwealth Government on sport integrity and corruption.
Analysis report for the 'implementation of Royal Commission into Institutional Responses to Child Sexual Abuse (March 2019): Citation of Professor Pauline Ridge's written submissions on s116 of the Constitution and the Human Rights Act 2004 (ACT) and whether they apply to constrain the ACT’s legislative powers.
Advisory Report on the Australian Citizenship Amendment (Strengthening the Citizenship Loss Provisions) Bill 2018 (Parliament of the Commonwealth of Australia): Citation of submission by ANU Law scholars Dr Dominque Dalla-Pozza and Associate Professor Matthew Zagor.
Parliamentary Joint Committee on Corporations and Financial Services, Whistleblower Protections, September 2017, Chapter 10: Citation of Professor Kath Hall, Transnational Research Institute on Corruption, Australian National University, Committee Hansard, 23 February 2017, p. 27.
Australian Securities and Investments Commission Amendment (Corporations and Markets Advisory Committee Abolition) Bill 2014 [Provisions] Report by the Senate Economics Legislation Committee (March, 2015): Citation of submission by Professor Peta Spender writing in her capacity as the President Corporate Law Teachers Association.
Inquiry into the Breach of Indonesian Territorial Waters (2014), Chapter 2: Citation of submission by Professor Donald Rothwell on whether entry of an Australian Navy or Customs vessel into Indonesian waters would be a violation of international law.
The Future Direction and Role of the Scrutiny of Bills Committee (2012): Professor Leighton McDonald appointed as legal advisor to the Committee to assist with the scrutiny of legislation.
Victorian Parliament’s Environment and Natural Resources Committee (Parliamentary Paper No. 59 session 2010-11): Professor Tim Bonyhady served as an expert advisor to the Committee.
Senate Standing Committee on Foreign Affairs, Defence and Trade Completed Inquiries 2008-10, Chapter 16: Citation of Professor Jeremy Farrall's submission on local values and institution building in peacekeeping operations and civilian peacekeeping.
Senate Standing Committee on Environment and Communications Report on the Operation of the Environment Protection and Biodiversity Conservation Act 1999 (18 March 2009): Citation of research by Professor Andrew Macintosh, 'Why the Environment Protection and Biodiversity Conservation Act's referral, assessment and approval process is failing to achieve its environmental objectives', Environmental and Planning Law Journal, Vol. 21, 2004; and Andrew Macintosh and Debra Wilkinson, 'EPBC Act - The Case for Reform', Australasian Journal of Natural Resources Law and Policy, Vol. 10, No. 1, 2005, p. 155.
National Legal Profession Reform Consultative Group for the (COAG) National Legal Profession Reform Project, 2009-10: Professor Peta Spender served as a member on the Consultative Group.
Senate Standing Committee on Legal and Constitutional Affairs Completed Inquiries 2008-10, Chapter 3: Citation of Professor Wayne Morgan's submission on the adopting an ‘umbrella term’ for defining relationships across various Commonwealth Acts.

International institutions

United Nations General Assembly, Report by the Special Rapporteur to the UN Human Rights Council on the negative human rights impact of unilateral coercive measures, A/HRC/39/54, August 2018, para 22: Citation of research by Associate Professor Jeremy Farrall.
‘Rule of Law Roadmap for the Province of Khyber Pakhtunkhwa’ (2017) developed by Dr Moeen Cheema as part of the technical assistance provided by Adam Smith International (ASI) and the UK Department for International Development (DFID). The Roadmap lays out a 5-year strategy for the reform of the criminal justice system including the institutions of police, judiciary, prosecution, prisons, probation and parole.
Strengthening the Rule of Law through the United Nations Security Council, Policy Proposals, March 2016: Associate Professor Jeremy Farrall was involved in drafting a series of policy proposals designed to enhance the Security Council’s capacity to strengthen the rule of law. The Policy Proposals were the product of a three-year Australian Research Council (ARC) funded project on ‘Strengthening the Rule of Law through the UN Security Council’.The Security Council subsequently published the Proposals as an official UN document (S/2016/397).
International Law Association (ILA), 2012-18: Professor Donald Rothwell Rapporteur for the Committee on Baselines under the International Law of the Sea (2012-2018).
United Nations General Assembly, Report by the UN Special Rapporteur on the Promotion and Protection of Fundamental Human Rights and Freedoms While Countering Terrorism, A/67/396, September 2012, para 17: Citation of research by Associate Professor Jeremy Farrall.
United Nations Conference of Parties, Framework Convention on Climate Change, September 2011, FCCC/TP/2011/6, para 45: Citation of research by Associate Professor Jeremy Farrall.

Consultancies

Northern Australian Beef Industry Situation Analysis, 2019: Professor Andrew Macintosh and Associate Professor Amelia Simpson worked with researchers from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) to deliver a report on the Northern Australian Beef Industry Situation.
International Organisation of Standardization (ISO) 37001 (2015-16): Associate Professor Kath Hall appointed as a member of Standards Australia expert committee advising on the development of an anti-corruption management compliance system.
Institute for Security Studies (ISS) Africa: Since 2008, Associate Professor Jolyon Ford has been the senior research consultant to ISS, an African organisation which enhances human security by providing research, policy advice and capacity building.
International Fund for Animal Welfare (IFAW), 2006-2010: Professor Donald Rothwell served as expert advisor on Japanese scientific whaling.

Media engagement

ANU College of Law scholars provide expert analysis, commentary and opinions on a range of current issues. Visit our In the Media page to see examples of recent media engagement.