Journal article
Lessons lost in sentencing: welding individualised justice to Indigenous justice
Indigenous offenders are heavily over-represented in the Australian and Canadian criminal justice systems. In the case of R v Gladue, the Supreme Court of Canada held that sentencing judges are to recognise the adverse systemic and background factors that many Aboriginal Canadians face and consider all reasonable alternatives to imprisonment in light of this. In...
Report
How income mobility and income growth explain income inequality trends
Proposes a new approach capable of explaining concomitant changes in income inequality and income mobility. Introduction Income mobility and income inequality are two topics that have been the subject of extensive research. Although both topics are clearly related, building a bridge between them remains a challenging task. The aim of this paper is to propose...
Report
Legal considerations for superannuation investors when investing in complex financial products
Institutional investment in Australia is both highly innovative and complex. The regulatory focus – and associated literature – on institutional investment has been on the sell-side. Considerably less attention has been paid to the buy-side, that is to the institutional investors themselves. This research report outlines the structure of Australian superannuation funds and discusses the...
Working paper
Twin Peaks: A Theoretical Analysis
This paper provides a theoretical analysis of the twin peaks method of financial system regulation, with particular reference to the Australian iteration of the model. This includes a description of how twin peaks functions, its historical development, and its strengths and weaknesses. An analysis is also provided of an important bifurcation in the Australian model...
Journal article
The role of negative implications in the interpretation of Commonwealth legislative powers
One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants of power it is necessary to do so in that...