Melbourne Law School - Research Publications
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ItemContract Damages for Defective Construction Work: An Unsolvable Puzzle?(Society of Construction Law, 2022)The paper considers the assessment of damages for defective work and the puzzle posed by rectification damages. It outlines the high-level principles applicable to it in the UK and Australia, and goes on to focus on the 2017 Australian decision of Stone v Chappel. In that case the court distilled the factors relevant to whether it is reasonable to award damages based upon the rectification measure, and provided a ‘shopping list’ of principles, which has been recently borne out in Xtraordinary Constructions Pty Ltd v Luppino. The paper suggests that the approach taken in Luppino demonstrates that the list in Stone is sufficiently flexible and robust and is worthy of consideration in other jurisdictions. However, the author highlights a risk that the codification of factors as expounded in Stone could undermine considerations which should be overarching, such as the need for the building to be safe for all occupants. He warns that a potential disparity in bargaining positions could encourage builders to reflect these factors in their contracts in order to preclude arguments that residents should expect anything better than a baseline level of quality. For these reasons, the paper suggests that it should be an overriding factor within any adopted menu of elements that rectification be deemed reasonable to the extent that the defect threatens the health and safety of occupants of the building.
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ItemTo What Extent Should Lead Firms be Held Liable for Workplace Contraventions?(Australian National University, 2016)
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ItemThe Evolution of Enforcement under the Fair Work(AIRAANZ, 2019)
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ItemNo Preview AvailableLabour Law Enforcement and COVID-19’(University of Melbourne, 2020)
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ItemNo Preview AvailableCompliance Defiance: Reviewing the Role of Deterrence in Employment Standards Enforcement(The Hebrew University of Jerusalem, 2020)This paper begins by locating the concept of deterrence by first describing orthodox deterrence theory, before considering the extent to which deterrence principles are reflected in some of the most well-known models of employment standards enforcement, including responsive regulation and strategic enforcement. It then examines empirical research which seeks to test the regulatory power and potential of various deterrence-based mechanisms, including criminal prosecution, civil litigation, investigations and administrative sanctions. This paper argues that to better address the problem of compliance defiance, one must move away from the assumption that increasing the severity of the sanction will ‘supercharge’ deterrence in and of itself. Drawing on the preceding analysis, the paper then considers recent developments, and proposed reforms, in Australia to explore paths to possible expansion of the concept of deterrence, and innovative ways in which to shift the relevant compliance calculus.
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ItemToward a Legal Framework for Regime Interaction: Lessons from Fisheries, Trade and Environmental Regimes(Cambridge University Press on behalf of the American Society of International Law, 2011)
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ItemUnderstanding Academic Educators' Work in Supporting Student Wellbeing(Higher Education Research and Development Society of Australasia Inc, 2017)Universities are increasingly concerned with student mental health, as empirical studies indicate a high prevalence and severity of psychological distress among student populations (Larcombe et al., 2016; Bore et al., 2016). From a developmental systems perspective, discussions about student wellbeing must include the perspectives and needs of academic educators. Edward L. Deci and Richard M. Ryan’s Self-Determination Theory (Ryan & Deci, 2000) offers several suggestions for how academic educators can facilitate wellbeing through their teaching, but there is still little evidence of the work that educators do to promote student wellbeing as part of their everyday practice. Using an online survey, we asked 315 academic educators from diverse disciplines at three universities about their experiences with student mental health: their awareness of related issues, their strategies, and institutional supports. In general, respondents were aware and concerned about student mental health. They described diverse strategies for promoting student wellbeing, many of which were common practices in higher education, and all of which were consistent with Self-Determination Theory approaches. The implication for educators concerned with wellbeing is to identify the elements of their teaching that might already be promoting wellbeing. Respondents also wanted greater institutional support around responding to student distress and around mental health literacy. Their comments highlight the importance of a developmental systems approach to student wellbeing in which university systems work together and support each other.
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ItemThe response of domestic light gauge steel frame bracing subjected to earthquake loadings(Griffith University, 1992)Light gauge steel framing currently accounts for a significant and increasing proportion of the nation's domestic framing market and has great potential for overseas export. In this study a typical domestic light gauge steel frame is experimentally tested when subjected to earthquake loadings. These loadings were simulated using the biaxial shaking table facility at The University of Melbourne. Experimental results are compared with corresponding analytical results. The frames are shown to perform well under significant seismic loading although minor enhancements could be made.
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ItemThe Design and Implementation of an Integrated Computer-aided Estimating and Tendering System that Utilises Fuzzy Logic(Griffith University, 1995)Computer-aided estimating systems have received much attention over the past decade. Recent systems boast sophisticated features for cost estimating, although few provide techniques to help in the decisions required in setting the final tender price. In this paper, we describe the design and implementation of an integrated computer-aided estimating and tendering system that utilises fuzzy logic. This system, developed at The University of Melbourne, comprises separate estimating and tendering modules, both of which are demonstrated by way of sample screens. By systematically assessing the corporate, project, and tendering environment at the time of tendering, it may give companies a competitive edge and help them to better determine an optimum tender price that meets their corporate objectives.