A - Business Law and Taxation

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					A – Business Law and Taxation

Highlights 2008                                  Also, BLT’s Professor John Gillespie and
                                                 Professor Randall Peerenboom Director of
                                                                                                   postulate that reform of Australia’s tax rules
                                                                                                   applying to business investments abroad
                                                 the Oxford University Justice and                 will ensure the continued protection of the
In 2008 the Department of Business Law
                                                 Governance Program in China, were                 domestic tax base, while removing
and Taxation (BLT) continued to make a
                                                 awarded an ARC Discovery Grant in 2008.           disincentives that discourage Australian
significant contribution in terms of teaching,
                                                 The grant was awarded for their project           enterprises from investing overseas and
research, and industry and professional
                                                 ‘Pushing against globalisation:                   foreign enterprises from using Australia as
engagement to the University and the
                                                 Understanding how state and non-state             a site for regional investment. Reforms
wider community. In particular the
                                                 actors in socialist transforming East Asia        should enable more Australian firms to
department celebrated the following events
                                                 shape global laws and regulations’.               invest abroad and attract foreign capital
and achievements by members of its staff.
                                                 The investigators postulate that regulators       inflows by investors. Funding for the project
                                                 in China and Vietnam are struggling to            commenced in 2007, and continued in
ARC Success                                      reconcile global legal standards and              2008.
In 2008 BLT’s Professor Chris Arup,              processes with diverse domestic regulatory        Professor John Gillespie from BLT and Dr
together with Professors Chris Dent of the       interests and practices. Research shows           Philip Taylor from the Australian National
Intellectual Property Research Institute,        that non-state actors such as businesses,         University were awarded an ARC Discovery
University of Melbourne; John Howe of            professional bodies, NGOs, and the                Grant for the project ‘Regulatory networks:
Centre for Employment and Labour                 citizenry are playing an increasingly vital       Assessing the relevance of the ‘rule of law’
Relations Law, University of Melbourne;          role in shaping how states engage global          to business networks in East Asia’. Since
and William van Caenegem, Faculty of             forces. This project will develop theoretical     the project commenced in 2006 the
Law, Bond University were awarded an             alternatives to existing research that            investigators have conducted over 400
ARC Discovery Grant. The grant was               undervalues the role of non-state actors.         interviews with business entrepreneurs in
awarded for their project ‘Workers, their        It will produce a new analytical model that       seven industry groups. Findings so far
know-how and the relationships that              explains how and why state and non-state          suggest that the regulatory histories
support them’.                                   actors come together to adapt and                 entrepreneurs use to explain their
                                                 implement global legal standards and              involvement in business networks, act like
The project is a study from an Australian
                                                 processes and ultimately generate more            constitutive narratives that orientate them
perspective of the distribution between
                                                 accurate ways of forecasting the                  and other network members to understand
employers, employees and consultants of
                                                 effectiveness of domestic responses to            regulatory practices from similar
rights to exploit intellectual property and to
                                                 legal globalisation.                              perspectives. It is these cognitive
utilise know-how. It aims to build on
theoretical debates and findings from            Further, in 2008 Associate Professors             understandings, as much as pragmatic
research within economics, science policy,       Vince Morabito and Brendan Sweeney                considerations like cost-benefit-analysis,
law, sociology and socio-legal studies. It       were awarded an ARC Discovery Grant               that orientate entrepreneurs towards
will compare the experience with legal           with respect to their empirical and               state-based regulation. The project finished
policies in different jurisdictions overseas.    comparative study of class actions in the         at the end of 2008.
                                                 Federal Court of Australia. Three projects        Professor Paul von Nessen, in collaboration
Its main interest is the impact that the legal
                                                 will be undertaken, with one to commence          with Professors Bill Lane and Adrian
policies (whether in the form of directives,
                                                 in January 2009 to represent the first            McCullagh of Queensland University of
default principles, procedural standards, or
                                                 comprehensive empirical study of class            Technology, was awarded an ARC
freedom of contract) can have on
                                                 actions ever conducted in Australia and           Discovery Grant for the project ‘A new legal
distribution. This empirical inquiry includes
                                                 probably the first outside of the United          framework for identifying and reporting
the practice of the law, such as the points
                                                 States. Part of the study will involve            Australian data breaches’. The project, on
at which the distributions might be settled
                                                 reviewing court files with respect to every       which leading US expert Tom
(on hiring, during work, on the generation
                                                 class action that has been commenced in           Smeddinghoff is a partner investigator, will
of knowledge, the outsourcing of work or
                                                 the Federal Court of Australia. It will seek to   consider the appropriate requirements for
workers, exiting employment or
                                                 determine whether, among other things,            notification to the public and to regulatory
subsequently, for example in litigation). It
                                                 the Federal class action regime has               authorities by institutions storing data when
will seek evidence from the participants,
                                                 attained the socially important objectives,       there is unauthorised access to that data.
including such intermediaries as the
                                                 such as enhancing access to justice for           Several states in the US have legislated for
lawyers involved in transactions and
                                                 victims of illegal conduct, that the regime       various notification requirements, and it is
                                                 intended to secure.                               likely that Australia will model new
The investigators will suggest ways the law
                                                 There were also a number of ongoing ARC           legislation on one of these precedents.
can add to the creativity and innovation
                                                 successes in 2008 including the following.        Funding for this project commenced in
that comes from these relationships. In
                                                 BLT’s Professor Rick Krever and Associate         2008.
particular, it is interested in identifing the
policies that best suit the new conditions       Professor Lee Burns of the University of
under which knowledge is being produced          Sydney were awarded an ARC Discovery
and utilised – mobile workers, network           Grant for their project on ‘Safeguarding the
industries and regional clusters.                domestic tax base in a world without
                                                 investment borders’. The investigators

Recognition of Outstanding                      School of Business and                                    Other acknowledgements
Teaching                                        Economics Award                                           BLT’s Mark Bender was a finalist in the
                                                Dr Ashraf Kazi was awarded the Teaching                   LexisNexis – Australian Law Teachers
Faculty of Business and                         Excellence Award by Professor Val Clulow,                 Association Award for Excellence and
                                                                                                          Innovation in the Teaching of Law 2008.
Economics Awards                                Head of School of Business and
                                                Economics, Gippsland Campus. This
It was an impressive year for BLT in the
                                                award was for achieving high levels of
allocation of awards. The Faculty of            overall student satisfaction in the unit
Business and Economics Dean’s                   evaluation for BTW 3221: Taxation Law in
Excellence in Teaching Awards resulted in       Semester 1, 2008.
Dr Alice de Jonge being awarded the
Dean’s Award for Teaching Excellence.           Recognition of
Alice received the award in particular for
the contributions she made to the unit
                                                Contributions to Research
improvement and innovation of two units in      In the area of research, BLT was also well
which she teaches, Asian Business Law           represented.
and International Law and Policy. Amongst       Professor Jeyapalan Kasipillai received a
the detail of her achievements in improving     Dean’s Commendation for Excellence in
and innovating these units were the             Research. Associate Professor Anthony
following, to name a few:                       Forsyth received the Dean’s
                                                Commendation for Excellence in Research
1. the introduction of ‘in the news’ session    by an Early Career Researcher.
   at the beginning of each 3-hour class to
   provide students with a chance to            Associate Professors Anthony Forsyth and
                                                Paul Latimer were also the recipients of a
   discuss topical events and
                                                Faculty of Business & Economics,
   developments in the Asian region;
                                                Research Excellence Grant for a Tier 1
2. the introduction of a prize for the Best     publication in the Sydney Law Review and                  Dr Alice de Jonge: recipient of the Dean’s Award for
   Student Research Presentation on an          the University of New South Wales Law                     Teaching Excellence.
   aspect of Asian legal reform. This           Journal (respectively).
   exercise proved enormously
   successful. The quality of work from all
   students improved noticeably, and
   students became enthusiastic
   participants in learning from each other;
3. student participation in the design of
   ‘conference-style’ posters that were
   displayed in connection with the Higher
   Degree Research Poster Display in
4. the introduction of a voluntary Mooting
   competition. The Moot Court problem
   based on the internationally renowned
   Philip C Jessup International Law Moot
   Court Competition took place in June
   2008. Two teams of five students
   participated and proved another highly
   successful teaching and learning event.
The Faculty of Business and Economics
Dean’s Excellence in Teaching Awards also
resulted in the following BLT staff receiving
the Dean’s Commendation Awards:
•	 Vanitha Karean (Malaysia campus)
•	 Anne O’Rourke                                Associate Professor Anthony Forsyth and Ms Anne O’Rourke: recipients of the Dean’s Commendation for Excellence
                                                in Research by an Early Career Researcher and the Dean’s Commendation for Excellence in Teaching awards
•	 Antoinette Sernia                            respectively.