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Commerce, Innovation & Technology

Commercial, innovation and technology legal research addresses the significant, growing areas of case law and legislative regulation in the globalised business world today.

Commercial, innovation and technology

In the decade since the financial meltdown, the commercial world has reformed and there has been significant recovery and, in response, there have been changes to literally hundreds of laws, rules and regulations which govern how businesses operate.

The Australian and international commercial courts and arbitration centres are amongst the busiest judicatures, handing down determinations that affect business daily. Innovation, technology and economic growth pose a challenge to traditional models of corporate and commercial law which emphasise efficient use of existing resources and so it is current and future legal research in these areas that will provide new answers.

Our commercial, innovation and technology research seeks to understand and comment on these primary and secondary sources of law across seven legal notabilia;

  • Intellectual Property Law
  • Bankruptcy & Insolvency Law
  • Corporate & Commercial Law and Governance
  • Technology Law & Regulation
  • Tax and Superannuation Law
  • Corporate Social Responsibility
  • International Trade Law

Our research units and groups working in this area

Lead researchers in this area are currently focused on

  • Regulation and commercialisation of technology including internet law, digital technology, governance of online environments, digital identity, and outer space (Professor Melissa DeZwart)
  • Personal bankruptcy, debtors and their administrators; corporate insolvency and the environment; secured creditors treatment in insolvency (Professor Christopher Symes)
  • Corporate law, governance,  and superannuation sectors (Professor Suzanne Le Mire)
  • Block chain technology regulation and personal property security laws (Associate Professor David Brown)
  • Freedom of Information; copyright; privacy and confidential information (Assoc Professor Judith Bannister)
  • Tax planning laws; tax avoidance, tax policy and the role, powers and accountability of the Commissioner of Taxation. (Dr Sylvia Villios)
  • Fiduciary duties and governance by company directors (Dr Beth Nosworthy)
  • Society’s voice in international trade laws (Dr Rebecca LaForgia)
  • Government contracting in a military operational commercial law and government contracting in military context and legal regulation of new and evolving forms of online misuse such as cyberbullying, cyberstalking, sexting, revenge porn and hacking (Dr Colette Langos)
  • Modelling corporate governance for all businesses including banking (Dr Franc DeZwart)
  • Comparative doctrines in commercial law that protect consumers and small businesses (Jessica Viven-Wilksch)
  • Tax planning and anti-avoidance, taxation of trusts, and the impact of administrative review on tax law (Domenic Carbone)
  • Smart contracts, sports contracts, employment contracts and cyberbullying (Dr Mark Giancaspro)

Recent topics we have supervised or current supervising

  • Corporate Manslaughter and the Attempt to Reduce Work-Related Deaths: A Comparative Study of the United Kingdom, Australia and Malaysia’s Legislative Framework
  • A comprehensive identification of reforms necessary to redress unfairness in the Australian Superannuation system
  • A Framework for Corporate Insolvency Taxation: The Crossroads of the Theoretical Perspectives in Taxation Law and Insolvency Law
  • Promoting an Optimal Corporate Rescue culture in Australia: The role and efficacy of the Voluntary Administration regime.
  • Corporate Social Responsibility: Tailoring Regulation and Government Policy to the needs of Small and Medium Enterprises
  • Multinational Tax avoidance; a study of current tax avoidance practices, consideration of the Anti-Avoidance law, establishing the boundaries for legitimate tax avoidance