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Crowdfunding is an internet-based fund-raising tool. It brings together people who are seeking financial support from individuals or groups to launch new firms with funders who contribute a small amount each to the venture. As disruptive technology is a prevailing feature of the current digital era, crowdfunding has attracted substantial attention from academics, industry, and the public since its emergence. In the academic context, the debate of crowdfunding from scholars is principally revolved around the factors that impact the performance of crowdfunding. In all these identified factors, social capital, human capital, and intellectual capital have been highlighted by many as high value research and been recognized as positive signals to the equity crowdfunding performance in a signalling theory perspective in the relevantly mature western equity crowdfunding market. In addition, scholars have recognized the important role of social media in equity crowdfunding, since this unique online fundraising tool’s characteristic makes social media the only pathway for crowdfunding entrepreneurs, platforms, and investors to communicate with each other. While the related research is substantial in literature focusing on advanced economies, empirical evidence on the emerging Chinese equity crowdfunding industry is scarce. This study sought to filling in the gap by analyzing the determination of the equity crowdfunding performance in Chinese market, particularly the impacts of determinants on equity crowdfunds’ performance in terms of funding amount, funding speed, funding campaign completion time, and annual yield. The research adopts the theoretical framework developed by Ahlers, Cumming, Guenther, and Schweizer (2015), which consists of Social Capital, Human Capital and Intellectual Capital, to identify and analyse how effective signals are to the attraction of funds through social media in equity crowdfunding. The research question is: Does social media have, if any, impacts on the investors’ decisions in and the performance of crowdfunding projects? This project takes a quantitative research method, collects data from the leading Chinese equity-based crowdfunding platform ‘Colourful Investing’, and analyses the data employing multiple linear regression models in SPSS. Our sample includes one hundred and fifty-eight projects which have been hand-collected from the platform. The results confirm the signalling effect of equity crowdfunding entrepreneurs business education experience on the equity crowdfunding success, identifying that the promotion activity on social media by equity crowdfunding entrepreneurs and platform has a significant impact on the performance of equity crowdfunds, particularly the speed of equity crowdfunding campaigns and the annual yield rate of the equity crowdfunding campaigns. Besides, this result confirms the equity crowdfunding entrepreneur’s role of being a member of branded chain business on the campaign’s success. This study further compares the current regulations on equity crowdfunding in China and the corresponding laws and regulations in the western world and developed recommendations for policy and legal reforms in the future. The research findings answered the research question that: i. the social capital and human capital serve as positive signals in the Chinese equity crowdfunding market. ii. the promotion activity on social media platforms positively moderates the relationship between startup’s social capital and human capital and funding performance. iii. intellectual capital is not a statistically significant determinant of the Chinese equity crowdfunding market which is different from that in mature western equity crowdfunding market. iv. Furthermore, the findings suggest that the immaturity of equity crowdfunding market in China is due to the current ambitious legislation and policy situation. Hereby, policy implications are that the policy makers should pay attention on clarifying the disclosure obligations of financiers, setting reasonable threshold access for entrepreneurs, enhancing project management of the equity crowdfunding platform and the supervision of the platform. This study establishes empirical evidence of Social Media’s moderating effect on the performance of Equity Crowdfunding in China. The research fills in a gap relates to the absence of empirical research on the social media’s impact on equity-based crowdfunding performance in China. This is one of the first few studies to find that the founders’ experience of working in a branded Chain business improves the crowdfunding performance, which has not been stated by the existing equity crowdfunding discipline research and could be considered as a unique signal of equity crowdfunding performance under the nascent and unregulated Chinese equity crowdfunding industry It provides new insights into understanding the new-emerging equity crowdfunding industry in China in a signalling perspective with statistical evidence based on an empirical model. The study combines the views of both investors’ decision- making behaviour and entrepreneurs’ fundraising techniques which may serve as a basis for future research on the Equity Crowdfunding regulations in China.

This paper employs comparative law to explore similarities and differences in Saudi and Australian Refugee Laws, particularly their compliance with Sharia and Public International Law. The technique of comparative legal research is used to compare various legal norms to analyze refugee laws of both the countries leading to suggestions for changes to strengthen the existing legal jurisprudence and legislation. Comparative study of law from Saudi Arabia and Australia be helpful in providing recommendations for each country to learn from the experience of the other and integrate useful developments in refugee law. The study helps synthesize a comprehensive law to protect the rights of refugees and asylum seekers. The researcher has identified and analyzed refugee law from Common law in Australia and examined their application in different court decisions. Additionally, sources of Sharia including Quran, Sunnah, conventions, statutes, has been evaluated in the context of refugee problems. Peter D Cruz’s framework of comparative legal study has been used as a guide for the study to conduct the analysis of legal documents in accordance with doctrinal legal research. Qualitative research methodology is used to determine relevant sections of laws, court decisions, and courts’ interpretation of refugee laws in different cases involving asylum seekers. The qualitative approach of reviewing legal documents and literature from Australia and Saudi Arabia through comparative analysis has helped researcher to ascertain the status of refugees and asylum seekers in both the countries. The royal decrees issued by Saudi Arabia are also analyzed for their relevance with Sharia principles protecting the refugee rights. The analysis has been helpful in exploring a common premise from the refugee laws of both Saudi Arabia and Australia and its relevance with Sharia principles and Public International Law. Finally, has offer concluding remarks and offer recommendations based on the study findings. Also, it has included a concise summary of the main findings of the paper. In particular, the thesis restates the main features identified by the researcher in regard to the Saudi Arabian refugee law and those that characterise the Australian refugee law. The main provisions of refugee protection in both the Sharia law and the international law captured briefly, including the key similarities and differences between the two laws in regard to safeguarding refugees. Based on this comparison, the areas for improvement are highlighted in both the Islamic refugee law and international refugee law.

A comprehensive and rigid analysis of Chinese investment in Australia for the past four decades is an under-researched topic, though there had been sporadic treatments of this subject matter from the perspective of single institutions in economics, politics, and culture. The neoliberalism era marked a honeymoon between China and Australia, which boosted the Chinese investments in Australia, marked by the Australia-China Free Trade Agreement and the ‘One Belt One Road Initiative’ Agreement, signed by the Victorian Government and the Chinese Development and Reform Commission. Recent years witnessed a deterioration of the Australia and China relationships and the “tit-for-tat” strategies and racism movements which discourage the Chinese investments in Australia. This study has developed a conceptual framework consisting of economic, political, cultural and institutional factors that may explain the Australian government’s decision of rejecting certain Chinese investments in recent years. Case studies were employed to illustrate the application of the conceptual framework. The findings suggest that the conceptual framework can be utilized to explain why the Australian government rejected certain Chinese investments. This research aims to analyze the determinants of Australia Government’s rejection of Chinese investment in Australia. Case studies in the field of the Australian mining sector, agriculture and agribusiness, and infrastructure unveil that political distrust towards Chinese investment in Australia is a major source of refusing Chinese investment. This led to continuous reduction of Chinese investment in Australia since 2016. Such political distrust which works against the national interest of the respective countries, may also drive the decline of Chinese investment in Australia. This research contributes to the literature by examining the factors which lead to the Australian Government’s decision to reject certain Chinese investments based on in depth analysis of case studies. This will be useful for understanding how to enlarge shared interest for policymakers, businessmen and academic researchers.

The COVID-19 pandemic created unprecedented challenges for the international community. One of the most pressing issues of 2021 is the need to balance between private rights and public interests when addressing equitable access to COVID-19 vaccines. The thesis determines whether bilateral investment treaties and treaties with investment provisions appropriately balance the rights and interests of intellectual property right holders, investors, and the public in Saudi Arabia and Australia on the issue of COVID-19 vaccine development, manufacturing, and distribution in light of the TRIPS Agreement. The thesis uses the methodologies of qualitative content and legal interpretation analysis. The thesis first investigates the nature and distinctive features of investment treaties signed by Australia and Saudi Arabia during the COVID-19 crisis. It then explores the application of these treaties and the TRIPS Agreement to the regulation of health-related IP rights and investigate areas of congruence and divergence between the treaties and the TRIPS Agreement regarding the regulation of health-related IP rights. Further, the clarification of priorities in the case of overlap and the existing dispute resolution mechanisms in light of the COVID-19 crisis are explored. Finally, key implications of the pandemic for regulating health-related IP rights related to the development and distribution of COVID-19 vaccines are identified, and the compliance of vaccine deals negotiated by Saudi Arabia and Australia with the TRIPS Agreement and investment treaties are evaluated. The study results show that both countries have experienced certain problems in conducting vaccination campaigns; nonetheless, their vaccine agreements provide a sufficient number of doses for their populations. Regarding bilateral treaties signed by Australia and Saudi, most are in line with the TRIPS rules and do not prevent use of the flexibilities offered by the TRIPS Agreement to overcome the pandemic’s spread. The Australia–U.S. free trade agreement is a significant exception. This agreement prevents the Australian government from utilizing parallel importation to obtain additional doses of certain vaccines and complicates the use of compulsory licenses due to restrictions put on the transfer of know-how. This is a significant reduction of the benefits which would otherwise be available under the TRIPS agreement. The research concludes that the existing flexibilities of the TRIPS Agreement enable flexible arrangements to facilitate vaccination campaigns in Australia and Saudi Arabia if they are available under bilateral investment treaties. In particular, the proposed TRIPS Waiver has the potential to make significant contributions to vaccine availability as long as it is not negated by bilateral treaties.

Shareholders are important because they provide finance to companies by investing in the share market. Shareholder voting rights are attached to the shares. The rights are defined by a company’s constitution, shareholders agreement, the Corporations Act 2001 (Cth) and ASX Listing Rules. The exercise of the rights is significant for the growth and trustworthiness of capital markets. Previous research has focused on evaluation of the strength of shareholders rights, shareholders activism and shareholders engagement but lacked evaluation of the ways in which shareholders exercised their rights. This thesis addresses this issue. In particular, it explores shareholders economic rights, which are divided into control and decision making rights, and how shareholders exercised these rights by voting on resolutions proposed at Annual General Meetings. The aim of this study was to empirically and legally evaluate shareholders rights in practice in ASX 200 companies during 2014-2018. The research question was: To what extent do shareholders exercise their rights in Australian listed companies, and how and to what extent does shareholders engagement with a listed company impact on corporate decision makings at AGMs? The mixed-method methodology included both empirical quantitative and black-letter law research methodologies. The research included development of a data base of voting behaviour at the AGMs of 122 companies; 3382 AGMs resolutions including 3214 ordinary resolutions 168 special resolution were studied over the period of 5 years. The results showed that on average 64% shareholders exercised control and decision making rights in 2014 which increased by on average 4.0633% in 2018. Moreover, on average around 30% of shareholders have not attended AGMs and have never appointed proxies. The appointment of proxy trend consistently increased since 2014 to 2018 by on average 4.7514%. The attendance of shareholders in person was on average around 2% during 2014-2018. The top 20 shareholders hold on average 77.5865% of voting rights in 2018 which is 3.3634% higher than 2014. Further, on average 9% of top 20 shareholders have never attended AGMs and have never appointed proxies. The blockholders voting power lay between 58% and 63% during study period. The presence of top 20 shareholders and blockholders did not have any significant influence on the voting turnouts at AGMs. The financial benefits from the issue of dividends did not have any impact on shareholders engagement and AGMs voting turnout. The relationships of shareholders engagement with election and re-election of directors were statistically significant with shareholders voting against resolutions, but the results confirm that shareholders cannot hold directors accountable at AGMs through their voting powers. The current study supports the application of stewardship theory instead of agency theory at AGMs of ASX 200. The policy recommendations were developed on the basis of empirical confirmations established from this study. In Australia, shareholders are powerful in theory and powerless in practice.

The equity crowdfunding industry has grown significantly in recent years in many countries around the world which provides capital to start-up and small and medium business enterprises (SMEs) at the early stages of their development. To benefit from crowdfunding, the World Bank suggests that developing countries should remove the barriers to its development and, if necessary, change the laws and regulations to enable it. As a result, several developing countries, including Indonesia, have introduced equity crowdfunding regulation to address entrepreneurs’ unmet need for capital that cannot be adequately served by the existing funding bodies such as banks, lending financial institutions, angel investors and venture capitals. Legislative reforms in crowdfunding in advanced countries may serve as the stepping stone in assisting developing countries to regulate their equity crowdfunding industries. Although transplanting regulatory framework from developed countries are common and have been advocated by the World Bank as good practice to improve the business environment in developing countries, however, a mechanical ‘legal transplant’ without adaption to the institutions of the host country may be ineffective and fail due to resistance and reluctance of stakeholders to support implementation of this policy. Different levels of economic development, complexity, and maturity of economic institutions, as well as different legal and regulatory systems, are problems that need to be addressed by policymakers in developing countries if new policies are to be successfully adapted and implemented. To mitigate these challenges, this thesis analyses whether the current expansion of equity crowdfunding regulation in advanced countries is suitable for Indonesia as a developing country. This research aims to fill the gap between the national economic need for specific regulations to support equity crowdfunding and industry need for legal certainty and better regulation of equity crowdfunding in Indonesia. This thesis employs two research methods. Firstly, it uses qualitative methodology to understand the development of start-up funding in Indonesia. Semi- structured interviews were conducted to understand the perceptions and experience of government, venture capital, angel investor, and start-up company stakeholders. They were also asked about the new equity crowdfunding regulation in Indonesia, their understanding of the regulatory barriers and what made them confident about investing capital in equity crowdfunding. There are very few studies focusing on the role of venture capitals, angel investors and equity crowdfunding in start-up funding in Indonesia; therefore, this thesis is among the first to explore this area. The second method uses a comparative law approach to examine issues identified in this study concerning the barriers in existing laws and regulations and to determine how different legal systems solve the same problem. Such analysis can enable refinement of existing regulation. This study contributes to knowledge in several ways. First, investing in start- up companies is generally linked with discussion of agency theory, information asymmetries, and the start-up stages of funding. This study contributes to these theories by enriching their implementation in equity crowdfunding, especially in Indonesia. It also contributes to the discussion of legal transplant theory within the Indonesian context by borrowing and adapting equity crowdfunding regulation from developed countries. From this perspective, the thesis provides suggestions for policymakers on how the process of adapting regulation from advanced nations to developing countries can be achieved and made more effective in the implementation process. In addition, the research is innovative in adopting a process view which focuses on answering the why and how equity crowdfunding regulation may work and complements the outcome perspectives of crowdfunding in the existing literature.

In 2014, the Crimes Act 1958 (Vic) was reformed by the enactment of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic) to abolish the offence of defensive homicide. It was in part replaced by a redrafted provision on self-defence to better accommodate responses to family violence and supplemented by family violence jury directions within the Jury Directions Act 2015 (Vic). These reforms were intended to help juries better assess self-defence in a family violence context so that where the actions of a victim of family violence were genuine and reasonable in the circumstances as the victim perceived them, they would be acquitted altogether. Although the reforms sought to respond to long-standing criticisms that the law of self-defence had failed to adequately accommodate victims of family violence, the 2016 Victorian Royal Commission into Family Violence nevertheless found that the State of Victoria was inadequately responding to the social harm caused by family violence. To ascertain if the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic) and amendments to the Jury Directions Act 2015 (Vic) had given victims of family violence who killed their violent partners greater access to self-defence, eight prosecutions heard pursuant to the former law of self-defence under the Crimes (Homicide) Act 2005 (Vic) were analysed using John Rawls’ theory of justice. The analysis revealed 14 examples of imperfect procedural justice which resulted in no women successfully accessing self-defence despite cogent evidence being available. Three relevant prosecutions heard pursuant to the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 (Vic) were also analysed. The analysis revealed an acquittal, a discontinuance and one instance of imperfect procedural justice which suggested that access to self-defence had increased. 12 stakeholders in the criminal justice system were interviewed to probe why these injustices had occurred and whether the current law could be argued to have increased the accessibility of self-defence to victims of family violence. On the former law, the data identified problems including: the provision of dated legal advice; overzealous prosecutions; victims feeling so remorseful that they pleaded guilty despite self-defence being available; defence counsel not raising the family violence self-defence provisions at trial; the complexity of the law and jury instructions. On the current law, the interviews indicated that the accessibility of self-defence had increased due to the revised test for self-defence, Victoria’s new family violence jury directions, increased judicial and professional receptivity and the simplification of the law. However, professional pressures remained in the realm of plea negotiations; pressures continuing to pose foreseeable risks of imperfect procedural justice. Specifically, the abolition of defensive homicide and the charging practices of the Office of Public Prosecutions were identified to have, at times, perpetuated the pressure on victims of family violence to plead guilty to lesser offences despite the existence of cogent evidence of self-defence. Matters were recommended, including, inter alia: the provision of a brief to the Victorian Law Reform Commission and Department of Justice to review the operation of the legislation to ensure that the legislation consistently achieves its objectives. Further, that the prosecution policy of the Office of Public Prosecutions concerning its discretion to prosecute be amended to contain a comprehensive policy informing the prosecutions of victims of family violence with viable claims to self-defence.

Islamic finance has become global: Islamic financial institutions and their customers from multiple jurisdictions are jointly participating in this international shift. Such financial institutions commonly use a Murabaha contract for financial operations. Consequently, as the foundation of Islamic financial transactions is the application of Islamic financial principles, such principles are being espoused in financial agreements and integrated into non-Islamic legal environments that may not give credit to Islamic principles. Parties to Murabaha may include a clause that states the contract should be governed by Islamic legal principles alongside domestic laws. However, the requirement of Murabaha to simultaneously comply with different legal systems may create disputes over interpretation and application, posing both regulatory and financial risks. Within this context, this thesis employs a qualitative methodological approach to explore the feasibility of using Shariah compliant Murabaha in Australia. By examining Islamic and non- Islamic legal texts, academic journals and Murabaha dispute cases, the first objective of this project was to examine whether the different legal systems create any additional legal or financial risk to Murabaha. The second objective was to investigate how Murabaha disputes are settled in common law jurisdictions through an analysis of Murabaha cases in the United Kingdom and Malaysia, as there have not yet been any Murabaha legal disputes in Australian court history. The third objective of the thesis was to study different aspects of dispute resolution, litigation and arbitration to determine the most suitable dispute resolution system for Murabaha in Australia. The thesis concluded that Islamic financial institutions’ practice closely resembles Murabaha transactions with conventional financial practices. This allows them to enjoy similar economic advantages and receive the same legal treatment as conventional financial institutions. However, such close resemblance with the conventional financial system may risk diverting Murabaha from Islamic finance theory towards Shariah non-compliance. Moreover, the thesis found that Malaysia has established a regulatory financial system for Islamic finance that has eliminated Shariah non-compliance risk. On the other hand, the study demonstrated that even though the UK recognises Islamic finance system, it does not accept Shariah as a system of law capable of governing a contract. The UK treats Murabaha transactions as credit contracts that receive the same legal protection as conventional credit contracts. Similarly, Australia, a Commonwealth country, takes the same position as British courts with regards to the Murabaha transactions. Furthermore, the study revealed that the arbitration is the most appropriate dispute resolution forum for Murabaha because it can accommodate Shariah law within domestic legal systems. The arbitration system obliges arbitral tribunals to decide disputes with reference to either the national law chosen by the parties or any considerations agreed upon, such as Shariah law. This flexibility closes the gap between Shariah principles and arbitration law and stabilises international commercial relationships in Australia. Therefore, the study recommends that Australia should incorporate the Islamic rules governing Murabaha into its legal and regulatory system and consider adopting the Malaysian model because of its success in integrating Islamic banking and finance in a common law system. The study also recommends that the Islamic finance industry in Australia should adopt arbitration as an alternative dispute resolution forum for Murabaha disputes. For guidance, the study suggests that the Islamic finance industry implement AAOIFI Shariah Standard on Arbitration and the KLRCA Arbitration Rules. This would make Murabaha legally compliant and commercially desirable while also maintaining Shariah compliance within Australian law.

This thesis provides an explanation and critique of the legal thought of Roberto Unger. Although Unger’s social and political thought has generated a large literature, there has been far less scholarly work published on Unger’s legal thought. Unger’s jurisprudence represents an important contribution to the intersection between legal, political and social theory and many of his concepts deserve to occupy a more central place in the jurisprudential canon. Unger’s legal thought is of contemporary significance both for its insightful critique of current styles of legal analysis and for its clear rationale for the hope of achieving radical reform at least partly through law. While his critical jurisprudence is clear, coherent and persuasive, his normative jurisprudence remains problematic both in developing it in practice and in explaining how social theory can inform, or place restraints on the normative practice of institutional imagination. His radicalized pragmatist social theory does, however, offer a plausible, though necessarily incomplete, social theoretical basis for how law might be used to construct a more emancipatory politics.

Corporate social responsibility is an approach used in corporations and enterprises where the rights of stakeholders are addressed. The main focus of a business is to make a profit and a major duty of corporate governance is to maximise the profit. A problem arises when an organization makes a profit only for its shareholders and does not care about responsibilities to its other stakeholders. This is one reason why the concept of CSR originated, to encourage companies to incorporate social and environmental concerns within their business activities. This should be a voluntary act of the companies, but few studies show that organizations in developing countries are less concerned about their stakeholders than businesses in developed countries which practice CSR. This is because of some external factors such as public pressures, social background and the legal requirements of those countries. This study compared the CSR rules and regulations and practices between Pakistan and Australia. It aimed to draw some conclusions and offer some suggestions that could enhance CSR practices in Pakistan. This research is the first study of CSR regulations and CSR practices in Pakistan. A comparative legal research approach has been used. This research adopted a qualitative methodology. Two consecutive years of annual reports of ten companies in Australia and Pakistan have been considered and analysed with NVivo 12; then case law related to CSR has been compared and discussed to find the differences in the practices of corporate responsibilities in real life between Australian and Pakistani organizations. The findings of this research showed that there are some similarities and differences in CSR practices by organizations in Australia and Pakistan. A dearth of CSR rules and regulations and a poor law enforcement system in Pakistan is the main reason that companies in this country are not practicing CSR. This study recommends that the government of Pakistan should give more attention to the importance of CSR practices by businesses and update the CSR rules, regulations and guidelines. Attention to some specific laws in this country, and consideration of CSR Acts in Australia, could assist in developing and ensuring the adoption of CSR practices in Pakistan.

There have been numerous calls for more research on the dynamics of boards to help open the ‘black box’ of the board, and to situate studies in specific board contexts. These interpersonal dynamics include intra-group conflict and power dynamics. The model of board effectiveness offered by Forbes and Milliken (1999) comprises two group criteria, cohesiveness and task performance, that between them are responsible for effectiveness, and subject to influence from effort norms, use of knowledge and skills, and task conflict. This research extends this model to include relationship conflict, process conflict and power dynamics. Early stage ventures founded by entrepreneurs are an important feature of developed economies, responsible for creating a significant percentage of new jobs in countries such as Australia (Hendrickson et al., 2015). Furthermore, little research has been undertaken on the lived experiences of Angel investors on the boards of startup businesses, particularly outside of the US and Northern European contexts. These directors have ownership stakes in the business, but often also have non-economic motivations, in contrast to institutional venture investors (VCs), and in common with founders. Drawing these threads together, this research project sought to understand the way that Angels on startup boards experienced conflict and power in their boardroom interactions with founders; the way they understood the effects these processes had on the effectiveness via task performance and cohesiveness; and to undertake a comparison of these results with the predictions of theory, and to results obtained in other contexts. Data was collected by semi-structured interview from Angel directors of startups, and analysed using interpretive phenomenological analysis (IPA) and critical discourse analysis (CDA). Findings from this research project include the fact that Angels, in common with VCs, have a relatively high tolerance for task conflict, and welcome it as a decision-making tool. Angels also tolerate low levels of relationship conflict. This research suggests that tolerance may reflect a perceived power differential between Angels and founders, a fact reinforced by findings of discourse analysis. The emergence of the importance of the control and monitoring role to Angels on Australian boards was contrary to expectations and to previous findings, and suggested causes are discussed. Additional contributions to knowledge from this thesis include contributions to the literature by extending Forbes and Milliken’s model of board effectiveness to include additional conflict types and power dynamics, and adding to understanding of power in the boardroom. This thesis has also made a contribution to knowledge in the area of practice, in understanding how certain actors experienced interpersonal process, in suggesting certain cultural modes for startup boards in order for them to be more effective, and suggesting structural considerations when forming or changing a board, or for Chairs implementing internal processes. Finally, the research has presented a novel approach to understanding startup boards through the use of critical discourse analysis to triangulate findings from phenomenological analysis, which adds both to the methodological literature, and demonstrates the value of discourse analysis to research in the field of corporate governance.

Saudi Arabia is a country which has gone to great effort to become part of the international commercial community which has required it to reform its international arbitration laws. The reforms have focused on aligning arbitration and enforcement practices with the rest of the world and to make the process easier for both foreign and local parties involved by giving them the freedom to choose terms and seats for arbitration. While this has been successful, the recognition and enforcement of awards in Saudi Arabia has been met with suspicion that refusal to enforce such awards on the grounds of public policy is taking place for motives other than what is afforded by the grounds of public policy, which is mostly founded on the protection of Sharia principles, in order to protect political or economic interests. This study seeks to establish whether or not such refusals on the grounds of public policy are fair and just, in that there is sincerity in their application. The study examines arbitration law in Saudi Arabia and its application, and though semi-structured interviews seeks to reveal the opinions of legal professionals working in private and government sectors. The results reveal that there is not much apparent scope for the abuse of the public policy privilege afforded by the New York Convention 1958 and that it was the overall opinion of legal personnel that the application of Sharia principles in public policy enforcement refusal were applied justly. The results also revealed, by a minority of respondents, that there is the possibility that public policy could be used for ulterior motives which would be unfair and unjust.

Purpose – Many theoretical financial theories attempt to explain the behaviour of stocks and the structure of their returns, namely the Portfolio Theory, the Capital Asset Pricing Model (CAPM), the Efficient Market Hypothesis (EMH), and Behavioural Finance. These theories, however, have provided incomplete and contradictory explanations regarding stock market anomalies. The aim of this research is to analyse the theory of anomalies and develop a comprehensive theoretical model based on the extant financial theories to develop an improved explanation about stock market anomalies. The principal aim of the current research is to examine the presence of several anomalies, covering macroeconomic, calendar and event variables, in a secondary stock market within Australia, namely the National Stock Exchange of Australia (NSXA), and a number of the sub-indices contained within this stock market. Design/methodology/approach – This research empirically tests the efficiency of the NSXA. The role played by each of the following independent variables is examined by applying specific statistical techniques: long and short-term interest rates; exchange rates; day of the week; weekends; months of the year; turn of the calendar year, January, turns of the month; Australian end of financial year; Australian federal election, US presidential election and sporting events Findings – The results are interesting and contradict with the existing research. Though the empirical analyse yields statistically significant results for some hypothesis and not for others, the research finds that: a clear interest rate effect for both short and longterm interest rates; an observable and strong monthly effect and suggestive relationship between the NSX Resources sub-indices and Australian federal elections. Research limitations/implications – the main limitations of the research related to: 1) the particularity of investors in the NSXA falls out of the scope of this study, they may provide further insight as to why the anomalous behaviour was observed; 2) difficulty quantifying the physical location of the companies listed on the exchange as knowledge of this may have been supportive in explaining trading patterns and anomalous behaviour and 3) the impact of market capitalization and firm size was not considered due to a lack of available data. Future research may want to incorporate firm size when undertaking analysis to determine if a relationship exists between company size and anomalies. The main implication of the research is that there is only partial confirmation for the validity of the EMH. While the EMH is not rejected in each of the tests undertaken, the fact that some anomalies are observed implies that the EMH cannot be seen as an all-encompassing theory of how stock markets operate or behave. The current research raises the concept of segmented market efficiency. Practical implications – This research indicates that the NSXA does exhibit several specific anomalies. The presence of such anomalies provides investors with greater knowledge which can be used to maximise financial returns, in both the medium and long term, by improving decisions relating to the timing of stock investment. Originality/value – To the researcher’s best knowledge the focus of stock market anomalies in an Australian context has been exclusively to examine the Australian Stock Exchange (ASX). This is the first study to focus on a "secondary" smaller, less well recognised stock market, the NSXA. Additionally, this is the first study to consider economic, calendar and event variables in an integrated model to provide an improved explanation of stock anomalies.

The purpose of this study was to facilitate opportunities for disclosure or whistleblowing in the Indonesian Directorate General of Taxation (DGT). Due to the inherent characteristics of tax-related crimes, in terms of cost, the impact of wrongdoing on State revenue amounts to losses of over a trillion rupiahs. Although many studies have been conducted to investigate factors that may support or deter one’s intention to whistleblow, due to the differences in values, cultures, and norms of each country, scholars agree that there is still a research gap in understanding variables and whistleblowing intention, and that there is a need to re-examine several variables related to whistleblowing in non-western countries. Thus, some variables have not been sufficiently recognised and examined in the Indonesian context. Moreover, differences may arise due to the particular characteristics of different organisations. Utilizing the theory of planned behaviour, this study investigated DGT employees’ intentions to disclose bribery, because it is difficult to study actual whistleblowing. Further, this study enriches the whistleblowing literature by selecting bribery as the type of wrongdoing for investigation and employing Schein’s six mechanisms to measure DGT leadership and organisational culture as perceived by the employees. Initially, it was intended that this study would include all DGT employees by means of a survey administered via the internal internet at DGT’s head office. However, conducting research in Indonesia is often cumbersome because of bureaucratic processes. Notwithstanding, quantitative and qualitative analyses were applied to data gathered in 2016 from 641 questionnaires conducted with randomly selected DGT employees. Additionally, online interviews were conducted with high ranking officials and several key employees. Although this research was not carried out on behalf of the organisation (DGT), it received official approval and employees were encouraged to participate. The primary model, based on attitude, subjective norms, and perceived behavioural control (PBC) showed that PBC (organisation positive image, organisation incentive, and organisation negative image) weakened the effect of the other two variables. This finding challenges previous research which endorses the effect of attitude and subjective norm. It was also found that PBC’s organisation negative image was the most important determinant for DGT employees in making a decision to disclose bribery. As well, in general, the study did not reveal a significant relationship between whistleblowing intention and the DGT employees’ demographic characteristics, training attendance, and knowledge about whistleblowing, and confidence about finding another job(s) outside DGT. This study also found that an anonymous internal reporting channel was the most preferred channel for disclosure. Moreover, this study did not find any difference between the intentions of whistle-blowers, bystanders, and non-observers. The findings, all together, indicated that the decision-making process in terms of disclosing bribery was complicated and strongly moderated by perceived behavioural controls of organisation positive image, negative image, and incentive as well as cultural norms. The result is explained by the very pragmatic approach taken as a result of traditional cultural values (high power distance, collectivist, ewuh-pakewuh (uneasiness), nrima (to submit), conformity, peasant mentality, and hypocrisy) may lead to cost and benefit calculations before employees decide whether or not to whistleblow. Additional interesting information was that although financial incentive is considered as an important variable to encourage whistleblowing, the most important reward for DGT employees was placement to preferred location. Again, culture may play an important role to explain the phenomena. The study however was restricted in so far that it considered only DGT employees in several large offices in Jakarta; thus, over-generalization of the findings should be avoided. A further limitation concerns the issue of comparing actual whistleblowing with the intention to do so. This issue requires future research comprising a longitudinal study involving a greater number of DGT employees and a different research design. To sum up, respondents considered that regardless of their attitude, the amount of support received from people who were important to them (i.e. family member, direct supervisors, co-workers, friends, and neighbour), and their confidence about finding another job(s) outside DGT, these factors could not effectively protect them from any retaliation. Only the organization and the actions of high ranking superiors could provide whistle-blowers with sufficient protection and ensure that the report had a successful outcome. This study is useful to policy makers, practitioners, and academics in the field of whistleblowing. The study concludes with recommendations for whistle-blower policy in the Department of Taxation. The study provides some initial insights into employees’ opinions of the value of whistleblowing intention.

This thesis investigated how the National Mutual Acceptance (NMA) model of single ethical review has currently impacted, and how it is likely to impact the future, on the research governance practices of public healthcare agencies participating in multi-site clinical trials. This study sought to describe the variables associated with the impact of the NMA through the theory of Institutional Isomorphism proposed by DiMaggio and Powell , which proposes that comparable organisations develop similarities in order to appear legitimate to their stakeholders. Consolidation is influenced by: coercive isomorphism, which involves pressures from other entities on which they are dependent; mimetic isomorphism, which refers to the tendency of an organisation to imitate a more successful organisation; and normative isomorphism, which is driven by professional pressures. Data was collected in two phases. Phase One focused on the collection of quantitative data relating to perceptions of the importance of research and the impact of the NMA. Phase Two involved collection of qualitative data to explore the reasons behind current irregularities in the NMA and expectations of the future. Although participants agreed that the NMA could provide isomorphic pressures, there were concerns regarding bureaucratic inconsistency that created uncertainty in the processes. The strongest isomorphic influence provided by the NMA was coercive pressure, which was also identified as a possible future mechanism. In contrast to findings in other literature, neither mimetic nor normative pressures were perceived as influential because emphasis on the practices of individual agencies prevented a coherent system from developing. The study made three contributions to Institutional Isomorphism theory. It identified the importance of robust coercive forces to allowing mimetic and normative forces to emerge. It also highlighted the need for agencies to recognise implications of research governance beyond their own organisational boundaries and the need to quantify the responsibilities of governance personnel to strengthen coercive impact. Recommendation included the need to address: organisational leadership of the NMA, to strengthen the knowledge base through education and training, the development of a stakeholder engagement framework and opportunities to expand the NMA. This research provides new insight into understanding research governance in the context of the Australian public healthcare sector and provides a model though which further exploration may be undertaken.

Section 17(1) of the Animal Care and Protection Act 2001 (Qld) (‘ACPA’) provides that ‘[a] person in charge of an animal owes a duty of care to it’. Until the Northern Territory adopted that same expression in its Animal Welfare Act, the ACPA was the only animal protection statute in Australia that suggested that a nonhuman animal is owed a duty. What is at stake in this thesis is the contrasting of that legal duty, posited to derive legal justice, with Derridean justice that demands that a duty is owed to other beings. This research addresses the question: could s 17 of the Animal Care and Protection Act 2001 (Qld) represent a Derridean justice-based approach to animal protections? To address this question, this thesis develops a legal and contextual analysis of ACPA s 17. It also applies Derrida’s proposition of deconstructions to ferret-out how rationality, embedded in the metaphysics of presence, gets-to-work in law. The purpose is to test if ACPA s 17 delivers what it promises. This research examines whether ACPA s 17 provides any undoing of the Western inheritance, which through rationality justifies using, mistreating, and slaughtering nonhuman animals for human animal ends. Within this research, ACPA s 17 is examined in context to the Western cultural trace that Derrida described as a ‘culture of sacrifice’. Derrida’s lens offers a unique perspective since he provided a different accounting of beingness. That is one that breaks down human-animal difference. It enables contrasting of Western conceptions of duties and rights that continue to rely on rationality as bases for ‘ethics’. The deconstructive approach highlights our Western modes of thinking and reasoning that reinstitute that violent culture of sacrifice. This research offers: a rich discussion of relevant Derridean propositions; a contrasting of Anglo-American and Continental perspectives of what is thought to be owed to nonhuman animals, a survey of neurosciences to ascertain if Derrida’s propositions of beingness remain credible, and various approaches to legal contextualisation of ACPA s 17. The new knowledge developed in the research includes a rich legal characterisation of ACPA s 17. The research finds that, in contrast to existing commentary, ACPA s 17 is not an implementation of ‘negligence’, and neither could it be properly described as implementing a ‘guardianship’ model. It is a regulatory type offence that is constrained by many layers of anthropocentric law. Various problems that limit the effect of ACPA s 17 are highlighted. The research makes suggestions for law reform. The thesis finally brings together the traces gathered in the research, through a legal analysis, and a deconstructive reading, of a relevant appeal case. Unfortunately, ACPA s 17 does not institute a legal duty that is owed to nonhuman animals. Neither does it appear to be an opening toward Derridean justice.

The wine industry presents a complex supply chain from the vine to the glass. This is accompanied by a complex legal framework covering land use, Geographical Indication, grape variety, water and other environmental factors, winemaking techniques, sales and distribution, marketing and trade marks, labelling issues, tourism, licensing and more. This dissertation posits an optimal legal framework for the supply chains of wine produced in Victoria Australia and Virginia USA. It compares the regimes in France and Italy and evaluates how they have shaped the wine regulatory framework of these New World jurisdictions. In particular, the dissertation examines taxation and intellectual property issues in both a theoretical and a practical context. Chapter 1 is a Literature Review and conceptualisation of wine law. Chapter 2 sets out a conceptual regulatory framework of the wine industry, drawing on normative legal theory. Chapter 3 describes the legal regimes and regulatory frameworks for wine of Italy and France. Chapter 4 describes the legal regimes and regulatory frameworks for wine in Victoria and Virginia. Chapter 5 analyses taxation of the wine industry. Chapter 6 analyses intellectual property in the wine industry, especially Geographical Indications and Trade Marks, also the economics of a wine regulatory framework. Chapter 7 takes an overarching approach to an optimum wine law framework.

This thesis examines the legal relationship between police and government in Australia to ascertain the extent to which the statutory forms and the understanding of those forms allow Australian police forces to be subject to direct or indirect government direction. The thesis also proposes areas of law reform to establish a constitutionally and legally coherent relationship. The methodology for the thesis is doctrinal and documentary. It involves examination of the statutory, parliamentary, judicial and historical record in Australia and comparable jurisdictions (predominantly United Kingdom and Canada) to ascertain the elements of the different models, the reason for their enactment and how they have been applied and understood. The thesis finds that there are three different statutory approaches used in Australia: the No, Broad and Limited Direction Models. However, the understanding of those models and the development of the Limited Direction Model, has been confused by a supposed doctrine of police independence developed during the 20th century based on flawed legal and historical considerations. Those flawed considerations include: • Selective use of the historical record; • Ignoring expressions of parliamentary intention when interpreting legislation; • Misapplication of judicial authorities; • Inflating the significance of the office of constable; • Misunderstanding and misapplying the doctrine of separation of powers; • Applying a flawed ‘mythology’ regarding Sir Robert Peel and his intentions; and • Minimising the constitutional significance of the doctrine of ministerial responsibility. This flawed view, combined with an erroneous understanding constitutional conventions, have led to a widely held but confused understanding of the police government relationship in Australia that police are, or should be independent of government in relation to ‘operational’ matters, but with no settled view as to the meaning of that term. This is further confused by another widely held view that policy decisions are the preserve of government, even though policy and operations are related and not contradictory concepts. The thesis has also identified a further area of confusion in the relationship, being significant legislative reductions to the security of tenure of Police Commissioners. All State police Commissioners are now employed for 5 year terms and most have little or no protection from arbitrary termination of appointment. This provide a means for indirect influence in a non transparent manner over Police Commissioners. Given this confused relationship the thesis proposes elements as a basis for the development of a coherent constitutional relationship. Those elements are: • Basing the relationship on the doctrine of ministerial responsibility with government empowered to direct police on all or the majority of policing matters. The only exclusions would be matters which can be demonstrated as inappropriate for government to direct. This element is consistent with government’s responsibility for policing and recognises that the effectiveness of police, as with other statutory bodies, can require certain well defined areas of independence. • Requiring the government direction power to be exercised transparently; which will ensure that governments are subject to scrutiny for exercises of that power. • Increasing the security of tenure for Police Commissioners, so as to reduce indirect government influence over police.

Because of the serious financial plight of local governments (Dollery et. al, 2012) and in response to the emergence of a neo-liberal regime (Geddes, 2005), the Victorian State Government has sought strategies for improving both economic efficiency and participatory democratic governance. Establishing a network form of local governance was one of the strategies, with various actors from non-government sectors joining in the public policy process (Considine and Lewis, 2003). Previous studies did not clearly address the following issues: why the Victorian Local Governments introduced a network structure for their governance, how the involved organizations were coordinated, what affected their collaborative relationships, and the impacts of networking. The purpose of this study was to answer those questions. The Kindergarten Cluster Management policy framework is an example of a local government’s network governance. A multiple-case study was conducted with twelve interviewees who were primary stakeholders of kindergarten service provision in four different local councils. The data collected from the interviews were analyzed by pattern matching following Yin’s (2004) guidelines. This study found that local governments sought to improve economic their efficiency by networking, and that the national and Victorian Governments’ social policies and regulations significantly affected the operations of local governments and community organizations. This research found that three modes of governance - hierarchy, market and network - were utilised as coordinating mechanisms by the collaborating organizations. In contrast to the previous literature, this study found that a hierarchy mode of governance maintained stable and reliable working relationships. The relationships formed through contracts were fragile, which was characteristic of the market mode of governance. The network mode of governance existed in all collaborative relationships, and facilitated the smooth communication among network participants. ‘The Rhodes model’ of policy network (Rhodes 1992, p.13-14), identified in previous research, was not utilizable, but the concept of industrial networks (Johanson and Mattsson, 1991) can also be applied to the connection of organizations involved in the provision of kindergarten services. That said, the different positions held by stakeholders provided different perspectives, particularly in the assessment of networking outcomes.

The majority of firms begin as family businesses (FBs) and are considered to be the lifeblood of any economy. Any business which is owned and operated by an individual, couple or family is considered to be a family business. The mutual impact of family on business and business on family differentiates the field of family business studies from others. Throughout history and all over the world, families and businesses have always been integrated. The business provides income to the family, and the family may provide paid and unpaid labour. Moreover, the family system contributes to business additional resources such as money, space, equipment, and other factors of production. From this point of view, family could be considered as the key resource for the family business. Further, business and family interface plays a critical role in determining family responses to business and vice-versa. Enrichments and conflicts occur in both domains impact not only within the specific domain but also on interactions of domains. Hence, in order to identify the behaviour of family and its impacts on a business, several theories and models have been developed. However, there is a notable research gap in the literature in that, to date, no specific model has been proposed to determine the impact of a business-family interface in terms of both conflict and enrichment on the relationship between business and family. Thus, this study was undertaken to address the lack of research pertaining to the various influences of family on family business success including: the merging of family business with other disciplines, the business-family interface of family business owners, the factors that mediate and moderate family and business relationships, the family business owner of small and privately held family business, in a non-western context, and family business in the tourism industry. Consequently, the aim of this study was to investigate the impacts of family dynamics on family business success, the mediation of business-family interface, and the moderating effects of owner and business attributes on family and business of small scale family business in the tourism industry in Sri Lanka.

Recently, the Saudi Capital Market Authority (CMA) opened the door for foreign investors to invest directly in the stock exchange market (Tadawul) to gain more welfare from their investments. Along with this step, the CMA released a set of Rules for Qualified Foreign Financial Institutions Investments (RQFFII) in Listed Shares 2015 that aimed to attract and protect the shareholders' rights. In this research project, the RQFFII have been examined to discover the level of attraction that these Saudi rules offer to foreign investment. The project also aimed to highlight strengths and weaknesses in the rules with regard to the protection shareholders' rights. This thesis explored the possible influence of foreign investments in the Saudi stock exchange. The research project aimed to increase the CMA and shareholders' awareness and knowledge in regard to these rules which lead to more protection of the local stock exchange.

The study of corporate governance of parent and subsidiary companies in the State- Owned Enterprises (BUMN) in Indonesia has received little attention from the public. In fact, an interlocking directorship between a parent company and a subsidiary is a common occurrence in BUMN in Indonesia; it is called “board member duality”, a new terminology proposed in this research. This terminology refers to the director of a parent company who is simultaneously serving as the commissioner of a subsidiary company. This addresses the gap found among several types of director duality which generally fall under CEO duality, Interlocking, and Multiple Directorships.

This thesis by publication analyses the emergence of independent judicial councils and their role in facilitating judicial control of court administration in Australia, Canada, Ireland, the Netherlands, Sweden, the UK, the USA and other countries. While much research has been conducted into the relative merits of judicial control of court administration, the thesis extends the court governance literature by developing an analytical policy framework for a model Judicial Council of Victoria with broad statutory responsibility for improving the quality of justice in the court system. The thesis then applies the proposed analytical model to assess the legal and institutional framework of Court Services Victoria (‘CSV’), which was established in 2014 in order to transfer the responsibility for court administration from the executive government to the judiciary. The thesis argues that an independent judicial council, such as CSV, requires a strong developmental mandate to assist the courts improve their operations and respond to a multitude of internal and external challenges that they inherited from the executive system of court administration. At the level of the courts, the framework envisages the establishment of a compact management board, comprising executive judges and the court CEO, which is modelled upon a corporate board of executive directors, with full responsibility for court administration.

The improvement of investor protection systems is increasingly becoming a major concern of the financial sector in almost all jurisdictions because investors play a significant role in sustaining the activities of the securities market. With the enactment of its Capital Market Law, Indonesia has developed a rule and principles-based system to protect investors. However, the purpose of an investor protection system is not merely to provide regulations, ensure market supervision, and law enforcement, but also to provide investors with mechanisms for effective and efficient financial dispute resolution. Moreover, most research on investor protection systems has focused on the issue of compliance with disclosure requirements by public listed companies and issuers. In addition, previous studies of investor protection systems have been concerned with the governance of market institutions and licensed entities when implementing rules and regulations in the securities market. Neither scholars nor practitioners have paid much attention to seeking the means by which disputes between retail investors and license entities can be responded to and resolved quickly and effectively. This study aims to investigate whether the existing Indonesian domestic laws and regulations effectively meet the requirements of securities investments in Indonesia. Another objective of this research is to scrutinise the regulatory framework of the Indonesian financial sectors. The study assessed the feasibility of introducing law reforms in the Indonesian securities market and establishing financial dispute resolution mechanisms in the financial sectors, including the securities market, according to the Financial Services Law. For the purposes of this study, we conducted an extensive review of the literature, the publicly available reports, and the documents pertaining to the investor protection system. We also examined the domestic and international norms, regulations and legislations related to investor protection mechanisms in the financial services sectors. This study has drawn on the empirical experiences and best practices of other jurisdictions in implementing protective measures for retail investors. This research involves several forms of investigations and methods, namely regulatory reviews, informal group discussions, and lessons-learned. The thesis found that the implementation of a financial dispute resolution mechanism in the Indonesia financial services sectors, including the securities market is essential given the failure of the judiciary system in Indonesia in providing legal certainty and better enforcements, especially for retail investors. Further, the regulator needs to establish a close relationship with other enforcement institutions in order to make better decisions in legal proceedings to benefit investors. To address the current shortfall in regulations relevant to the securities market and investor protection system, the study finds that Indonesia needs supports from international paradigms and best practices in order to develop an effective investor protection system.

Indonesia’s performance in implementing corporate governance based on formal law has been poor because of weaknesses in its formal legal system. This thesis examines possible alternative approaches to the regulation of disclosure to achieve a better standard of corporate governance including the Indonesian Good Corporate Governance Code. The study considers the regulatory space corporate governance codes can occupy as an alternative regulatory strategy in the Indonesian context. Specifically, it evaluates the ways in which they can improve accountability for disclosure and corporate governance and also strengthen formal law and regulation. Different sources of data from the literature and media data bases and the interviews are used to be triangulated. It first explores the ideas and models in the literatures reviewed on disclosure, voluntary self-regulatory codes, alternative regulatory theories, the relationship between formal and informal law concepts, and comparative law on legal transplants. It examines how Indonesia’s corporate governance codes accommodate these ideas, and in which areas their use may play a more significant role in strengthening formal law and regulation so that regulation becomes more effective, responsive, flexible, legitimate and transparent. It identifies relevant issues in political, social and business cultures which produced problems for formal law and regulation and the way in which the code as a form of alternative regulation may remedy such problems. And then these reviews are triangulated with business media data bases and empirical, semi-structured interviews.

Slovenia and Australia each have a national identity, although quite different. A national identity includes but is not limited language, culture, religion, democracy and its institutions, and the rule of law. National identity is a contested concept and can invoke different responses. Part of a state’s national identity is conferred through citizenship. A state's legislation framework includes citizenship, immigration, rights and private international laws. These laws are used by a state to reinforce, underpin and strengthen its national identity. This thesis will discuss the public and private aspects of citizenship. The public constitutes the state developing laws for citizenship, immigration, rights and conflict of laws. The private constitutes those private activities undertaken by a citizen such as migrating from one state to another, and engaging other citizens in marriage and divorce. The rights of citizens also constitute the private as it enables a citizen protect themselves from other citizens and the state.

The period of late ‘youth’ in the human lifespan is dynamically diverse, culturally contextual and relatively fleeting. Nevertheless, ample opportunity exists to expose the confluence of factors and causes that lead to contemporary offending by this age group and to determine appropriate responses to prevent their continued involvement in the criminal justice system. This research project contributes to that knowledge by evaluating the efficacy of community justice intervention services in increasing social capital and preventing incarceration for a sample population of young adults aged between 18 and 25 years. This evaluation was underpinned by two strong motivations: firstly, to find out the interventions and strategies required to engage young adults in building their resilience against the factors that lead to their offending behaviour; and, secondly, to determine whether the effects of the Youth, Community and Law Program (YCLP), based in Sunshine, Melbourne, Victoria, contributed to the prevention of crime for young adults. I am satisfied that, in this study, I have reached a conclusion on both counts.

Worldwide there are two major systems for prosecuting criminal cases, namely the Mandatory Prosecution System (MPS) and the Discretionary Prosecution System (DPS). Under a MPS, prosecutorial discretion to discontinue criminal matters is limited while in DPS it is considerably broader. In the countries surveyed for comparison (i.e. Australia, France, Germany and the Netherlands) which use a DPS it was found that prosecutorial discretion has become more accepted as a mechanism to rationalize the criminal justice bureaucracy and to achieve justice. Prosecutors need discretion in order to adapt to new situations, maximize their resources and tailor individualized justice. Currently Indonesia uses a very restrictive MPS but the current draft of the Criminal Procedure law does facilitate more prosecutorial discretion. This research answered the question of whether the Indonesian criminal justice system could be enhanced by replacing the MPS with a DPS, like that used in Australia.

Corporate governance is considered to have significant implications for the growth prospects of an economy. Well-formulated corporate governance mechanisms are regarded as important not only in reducing risk for investors, but also in protecting shareholders’ value as well as in improving and enhancing a firm’s performance. However, corporate governance mechanisms do vary between countries, as each country is unique in its political, economic, legal, culture and social contexts. Each country has its own corporate governance regulations with respect to various aspects of corporate management, which come under public domain. The United Arab Emirates (UAE) also has its own corporate governance rules introduced in 2010. The results of the study reported here evaluate the consequences of compliance with different components of the rules by UAE firms. The conclusions of the study lead to some recommendations to the UAE regulatory authorities. The purpose of this study was to investigate the extent of compliance with various components of corporate governance rules of 2010 and their relationship between corporate governance practices and performance of financial and non-financial firms and conventional and Islamic banks in the context of the UAE. The study investigated the impact of the implementation of 2010 corporate governance rules and the extent of changes to corporate governance practices two years later (in 2012). During this period, firms that operated in the UAE were experiencing the impact of the global financial crisis of 2008-2009 and its aftermath.

The Law on State Compensation Liability 2009 (SCL) is a turning point in the reform process in Vietnam with its aims of protecting human rights, boosting the development of a state based on the rule of law and a socialist-oriented market economy. This thesis critically examines this legislation and the remedies provided under it relating to wrongful decisions or actions by the executive and judicial branches of government and for specific wrongful enforcement activities. Using mixed methodologies the aims of the study are to consider appropriate reforms to improve the SCL and enhance its implementation. The thesis considers the effectiveness of the SCL and its enforcement. It reviews and analyses theories and policies relating to state liability for wrongful actions. This establishes a platform for the evaluation of the SCL. It critically investigates SCL’s appropriateness. It argues that the SCL has many deficiencies and needs further reform. The thesis reviews and analyses the procedures under and for the enforcement of, the SCL. It points out that the procedures and mechanisms for settlement of compensation claims are complex and inappropriate. The enforcement of the SCL is poor and consideration is given to its improvement. The thesis also compares the Chinese SCL with that of Vietnam. It examines the similarities and differences in order to draw on Chinese experiences which may be relevant to Vietnam’s legal reforms. Finally, the thesis makes recommendations to improve the SCL and its enforcement in order to support the Doi moi (innovation) in Vietnam.

This is an evaluative study of the rights in land and forest resources of the Orang Asli communities who are indigenous and minority peoples of Peninsular Malaysia. It argues that justice, fairness, equality and non-discrimination are the basic principles to be used in generating relevant policies and laws and in their interpretation. It uses mixed methodologies with a law reform oriented approach. Interviews were conducted to understand the law and practices around it, and the perspectives of the relevant actors. An examination of the communities’ custom and related resource rights reveals significant economic and cultural connections with their environment. Although these have some recognition in Malaysian law, there is a significant gap between the law and the practice. Their recognition in common law has strengthened but is yet to have a significant impact on practice. Conflicts over interpretation adversely affect the exercise of existing rights. Using comparative law methodology, the study considers measures addressing these rights in international law and in selected jurisdictions. The analysis is structured around the framework established: the recognition of rights to natural resources, restorative measures, and procedural and environmental justice. Autopoietic theory and its concept of legal irritants are used to analyse the potential development of these rights. The exchange of information between common law and international law has contributed to positive changes in Malaysian law and policy. However, resistance to the common law itself and international human rights law may limit their further development or exercise. Factors in the political, economic and social systems are also hostile to their greater recognition. This perpetuates injustice to the Orang Asli. The thesis suggests that a rights based approach, focused on the basic principles above, be taken in reforming the law. This will be significant not only to the wellbeing of the Orang Asli but the whole society.

This thesis addresses the question of why work stress prevention has not been adopted systemically in organisations, despite some research findings that it is effective, that it has been mandated by legislative regulations and that it has the potential for significant cost savings. Work stress is recognised as an increasing and global problem in terms of negative economic, health and social outcomes. Its significant costs related to work injury compensation have resulted in growing pressure from governmental health and safety jurisdictions for organisations to manage and prevent stress through systemic risk management approaches.

The arbitration method as an optional method for resolving labour disputes in the KSA was stipulated in past and current Saudi Labour Laws. However, there has been no prior academic research or study that addresses the importance of the arbitration method in resolving labour disputes. The aim of this thesis is to study the use of arbitration (that is, arbitration as quasi-judicial) in resolving labour disputes in the KSA and then to assess whether there are benefits for the parties to labour disputes. Therefore, a hypothesis is established stating that the use of the arbitration method in labour disputes in Saudi Arabia is not beneficial for both parties in a dispute. The hypothesis is then tested. Thus, it is important to investigate labour disputes and the methods used for resolution, and then evaluate these methods.

This thesis articulates the legal reform required in Australia to establish an effective taxpayer privilege, for tax advice, whether provided by lawyers or accountants, by setting out the key criteria for the necessary legislation. The thesis shows that common law client legal privilege is the basis of the taxpayer privilege and examines the historical development, the rationale(s) and critical criteria for the recognition of the privilege. The thesis shows how privilege developed to become absolute, permanent and removable only by client waiver or the crime-fraud exception. Client legal privilege is justified by both the ‘utilitarian’ and ‘rights’ theories. The theories are not mutually exclusive and together they embrace the individual and societal interest in protecting confidentiality of financially sensitive communications, especially in the tax arena. Four common law jurisdictions: Australia, New Zealand, the United Kingdom and the United States are examined because they have similar common law origins and have influenced each other in developing client legal privilege upon each other. New Zealand and the United States have legislated for a taxpayer privilege. Their experience provides lessons for Australia. The United Kingdom has a limited protection for confidential tax documents held by the tax accountant. Tax advice is provided by two key professions, accountant and lawyers, and increasingly tax practitioners have dual qualifications. The role of the advisor in enabling the taxpayer to comply with the complex tax law in a self-assessment system is acknowledged by the Revenue authorities. The empirical evidence, scant as it is, demonstrates that sensitive financial information requires the protection of privilege if it is to be freely and frankly discussed with tax advisors. The thesis demonstrates that the emphasis needs to be on the advice provided by the advisor, rather than on the qualification of the advisor. This justifies the recommendation for reform in Australia.

This is an evaluative study on the protection of the welfare of animals in Malaysian law. It suggests that the animal welfare approach which argues for prevention of cruelty, application of stronger laws and promotion of humane treatment is the basic requirement on which the laws and policy must be based.

This thesis develops a new theoretical understanding of Melbourne’s urban wildscapes through a discussion of a variety of playful practices that take place within them. The urban wildscape is an interdisciplinary concept that refers to marginal or neglected areas within augmented city spaces. I expand on the concept of the wildscape by linking it to the work of Henri Lefebvre and human geographers, arguing that the urban wildscape is not only visual, but can be experienced and produced by a city’s inhabitants. The thesis is interdisciplinary, drawing on cultural studies, law, urban planning and architectural theories. It examines the legislation, case law, and design principles that attempt to control behaviour within the city. The study finds evidence of internal regulation structures that are inherent within the practitioners’ use (and creation) of these wildscapes, and puts forward a case for a loosening of official regulation of such activities based on their contribution to an inclusive, vibrant, postmodern city. The thesis also makes a contribution to knowledge in interdisciplinary methodology. The analysis is achieved through critical ethnography. This involves self-reflexivity, critique and transformative redefinition, which is challenging when using data drawn in part from informant interviews. The critique allows a questioning of law’s certainties. Legal responses are often contradictory and ambiguous as administrators grapple to preserve Melbourne’s image as a creative arts hub and a safe city. Major conclusions reached are that urban wildscapes are not lawless zones, but spaces where complex systems of unofficial rules and regulations exist. These are spaces rich with possibilities. The thesis explores the benefits of the urban wildscape to Melbourne and argues that the future city must learn to embrace them

Small corporations are the backbone of the Australian economy. Various studies have explored corporate governance as it applies to larger organisations. Few studies, however, have examined how corporate governance relates to small corporations. The “one size fits all model” adopted by most of the corporations’ law frameworks and the “comply or explain” mentality places a significant amount of unnecessary and disproportionate compliance burden on small businesses. Worse still, non-listed small corporations are losers of the “corporate governance reform competition”, given their resource constraints. There is a dearth of evidence on the relationship between governance, regulation and performance of non-listed small corporations. Only in recent years have researchers in the field started to explore the governance issues facing small corporations in North America and Europe. Existing empirical studies have mainly focused on isolated governance mechanisms, while the interaction between different governance mechanisms has been ignored. This project intends to address these gaps by applying systematic review, meta-analysis, Path Analysis (PA) and Structural Equation Modelling (SEM). The systematic review identifies relevant theories on the governance and regulation of small corporations. Grounded in these theories, meta-analyses have been applied to synthesize existing empirical evidence in view to developing a conceptual framework. A structured online questionnaire was employed to collect data, yielding 387 responses. Multiple indicators were adopted to measure five latent constructs such as governance, regulation, financial performance, social performance and sustainable performance. PA estimated the direct and indirect effects of governance mechanism on performance. SEM was introduced to confirm the hypothesized relationships, controlling variables such as firm age, size, and development stage. The results revealed (1) the measurement models for four latent constructs including corporate governance, government regulation, financial performance and CSR; (2) the impact of individual governance mechanisms on performance; (3) governance as a bundle has negative impacts on both financial performance and CSR; (4) regulation has a positive impact on financial performance and CSR. Policy recommendations were developed based on the empirical evidence established from this study.

The aim of this study was to determine the relationships between socio-demographic variables, promotion and appropriate leadership style in the hospitality industry in China and Australia. In doing so it responds to the Australian Government’s recent review of hospitality training and the industry’s recognition of the need for strong, high-calibre leadership in an industry that is a major contributor to GDP. Investigation of leadership styles in China and Australia is particularly relevant in the context of a new free trade agreement between the two countries and the potential for growth in the tourism sector. The current study is a transnational, cross-cultural investigation of the relationship between leaders’ socio-demographic characteristics, leadership style, and their subsequent career progression in the hospitality industry in Australia and China. A quantitative method (i.e. a survey of four- and five-star internationally branded hotels) and positivist approach were taken to collect and analyse the data. A two-part questionnaire utilising the Multifactor Leadership Questionnaire was distributed in English in Australia and translated into Chinese for distribution in China. The sample of 1,000 participants consisted of 500 from each country. A suite of differential statistics were employed to identify differences between cohorts based upon; age, level of education, ethnicity, family composition, rank, relationship status and sex. Data filtering was undertaken to quarantine out age, rank and sex differences to further assess three key homogenised cohorts of managers in both Australia and China. The study, as the first of its kind in a hospitality context, makes numerous contributions to the existing knowledge base. First, it provided a comprehensive and critical analysis of the development of leadership theory and its inadequate application in the hospitality industry. Second, it identified the effect of leaders’ socio-demographic attributes on the factors in the Full Range Leadership Model. Third, the impact of leadership style on career outcomes were investigated. Finally, it identified differences, and possible explanations for them, between Chinese and Australian leaders and between male and female leadership styles. The study concluded that leadership remains a complex issue, and contrary to previous research, contingent reward styles appeared to be preferred as the best approach to leadership in a hospitality setting, in both Australia and China. The transactional element of Contingent Reward showed a very strong correlation with transformational leadership styles reinforcing emerging research and affirming its role as a positive aspect of modern hospitality management. The findings identified that there were more similarities between males and females than differences. However, Australian males and females were more transformational than their Chinese counterparts. In light of the findings, Australians have gained a deeper understanding of how Chinese approach leadership. This is of benefit to Australia in terms of becoming more ‘China literate’ and, therefore, job-mobile – two key areas of focus in the Department of Foreign Affairs and Trade’s ‘Vision 2025: China strategy’. From a Chinese perspective, the research provides an opportunity for potential migrants and hospitality and tourism investors alike to understand the differences between China and Australia in terms of leadership and how this may affect working relationships. The research has produced key insights for the academic community, leaders and managers working in hotels and the hospitality industry. For the academic community, it raises questions about the type of training that can best equip graduates to respond to the needs of the industry. For industry, it highlights the determinants of desirable leadership practices in the context of growing convergence of hospitality management education and practice across national boundaries as the operations and standards of transnational corporations become universally accepted.

Four major players, touted as the Big 4, dominate the banking industry in Australia. The National Australia Bank (NAB), Commonwealth Bank of Australia (CBA), Westpac Banking Corporation (WBC) and Australia and New Zealand Banking Group (ANZ) dominate the Australian banking industry. However, their products and services are not largely dissimilar. Therefore it is imperative that they differentiate themselves via their service propositions. Paradoxically however, banks seem to be opting for service models that aim to reduce banker/customer face time so as to free bankers up for new business acquisition. Whilst this is an important activity that banks need to engage in, care needs to be taken not to alienate existing customers in the process. This thesis examines the relationship between the bank, its relationship manager and the end customer, and studies the dynamics within this relationship and the main factors contributing to the success of the said relationship which is critical to business success.

This thesis explores corporate governance effectiveness in not-for-profit organisations by identifying and developing the types of performance indicators used in the not-forprofit sector. Only by agreement, between all affected parties, on the criteria is one able to assess corporate governance effectiveness. This thesis contributes not only analytically but also by the provision of several empirical datasets: they are contributions from interviews with expert practitioners, action research data available from an individual board that developed its own performance indicators and a review of published annual reports. Two main research questions were posed. The first was: What are the performance indicators of effective Australian not-for-profit corporate governance? And the second question was: What is the process for determining the performance indicators of effective Australian not-for-profit corporate governance?

This thesis maps the present situation of court-connected mediation in Malaysia. Such mediation takes two forms: court-annexed mediation undertaken by a private mediator and judge-led mediation undertaken by a judge. It traces the growth and development of mediation in Malaysia; investigates the factors that impact upon the success of mediation in other jurisdictions; and identifies the barriers and the enablers to the uptake of court-connected mediation in Malaysia. It examines in this context theories of mediation, justice and change management. It reviews the literature on these and on the development of mediation in selected common law jurisdictions. Its findings are drawn from that literature and also from two empirical studies: a survey of lawyers in Sabah and Sarawak and interviews with selected interviewees in East and West Malaysia, including judges. The findings identified that the use of mediation has been driven by: its utility in reducing court backlogs; increasing knowledge of the benefits of mediation; leadership by the judiciary, professional associations and government; training and exposure; and traditional practices of mediation. The findings also identified that three key stakeholders have resisted mediation: judges, lawyers, and the public. This is related to their attitudes and prevailing professional cultures. Judges fear a loss of judicial authority. Lawyers fear losing income. The public lack knowledge of mediation and see judges as the appropriate decision makers to decide their disputes. The thesis also reveals that a sizeable minority of lawyers feel they do not have a significant role in advising their clients to mediate. This is identified as a key barrier to the greater use of mediation in other jurisdictions. The implications of the findings are that if mediation is to play a greater role in the Malaysian civil court system then a greater emphasis on education and awareness of the importance of mediation and its benefits amongst stakeholders is required. It makes a number of recommendations for the more effective use of court-connected mediation including consideration of mandatory mediation.