Mark Bender

Teaching

Mark teaches/has taught:
Business Law, Commercial Law, Marketing Law, Australian Company Law and the Legal Environment of Business (MBA). 

He has also taught Business Law on the Monash campus in Malaysia and at the Monash Centre in Prato, Italy.

Mark won the 2007 Department of Business Law and Taxation Prize for Teaching Excellence and Innovation.

Publications

• Gerlinde Berger-Walliser, Melanie Williams, Mark Bender, Bavarian Blondes Don’t Need a Visa: A Comparative Law Analysis of Ambush Marketing, TULANE JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, Vol. 21, Issue 1, 2012.
• Mark Bender, What do companies in voluntary administration look like?, Australian Insolvency Journal, 2011, Volume 23, Number 3 with Abe Herzberg and Lee Gordon-Brown.
• Mark Bender, Does the voluntary administration scheme satisfy its legislative objectives? An Exploratory Analysis, Insolvency Law Journal, December 2010 with Abe Herzberg and Lee Gordon-Brown.
• Mark Bender, Marketing and the Law, 4th Ed, with Bruce Clarke & Brendan Sweeney, 2010.
• Mark Bender with Roger Gamble, Consumer rights don't check out in shops, The Age, 4 August 2009.
• Mark Bender, Domain Name Disputes involving Trademarks in Australia, in Trademarks and Internet/Cyberspace, Amicus Books 2010.
• Mark Bender, 'Fiduciary Obligations in Australia; The Essential Ingredient' in 'Fiduciary Duty, Amicus Books, 2009.
• Mark Bender, Contributing Author, Oxford Australian Law Dictionary, 2009.
• Mark Bender, Voluntary Administrator's Observations Of Insolvent Companies, Keeping Good Companies, Vol 61, Issue 6, 2009.
• Mark Bender, Trade Marks In Search Engine Marketing: Fair Use, Abuse or Obtuse? IP Forum March 2009
• Mark Bender, The Price is Right – Or Wrong, Law Institute Journal, August 2008, 82(8).
• Mark Bender, Residential Property Advertising in Victoria, Report for Department of Justice, Victoria, July 2008.
• Mark Bender, Use Of Another's Trademarks In Search Engine Marketing, in Trade Mark: Concept and Context.
• Mark Bender, Google Book Search: Universal access or copyright breach? Online Currents, Vol 22, No 3, 2008.
• Mark Bender, The Plane Truth, Letter to the Editor, Law Institute Journal, January/February 2008, 82(1/2).
• Mark Bender, Governments need to muscle up and send spammers a tough message, The Age 20 December 2007.
• Mark Bender, Can Spam, Monash Business Review, Volume 3, Issue 3, November 2007.
• Mark Bender and Paul Latimer, Submission to Victorian Parliament Law Reform Committee Inquiry into Property Investment Advice.
• Mark Bender, Deterring Spammers, Law Institute Journal, Volume 81: No 9 (September 2007)
• Mark Bender,"Untangling the web of confusion between domain names and trademarks", The Age, 20 July 2007, p10.
• Mark Bender, "What’s in a name", Monash Business Review, Volume 3, No. 3, July 2007.
• Mark Bender, Book Review, "Competition Law in Australia", 4th Edition, S G Corones, Law Institute Journal, May 2007, 81(5).
• Mark Bender, "Taking up the cudgels: will a notion of ongoing loyalty prevent a lawyer from acting against a former client?"   Murdoch University Electronic Journal of Law, Vol 13, No 2, November 2006.
• Mark Bender, "Triple treat: legal options for the removal or modification of restrictive covenants on land in Victoria", Vol 13 Pt 2, Australian Property Law Journal, September 2006.
• Mark Bender, "Inadequate resources to fight spammers", letter to the Editor, Law Institute Journal, June 2006, 80(6).

Presentations

• Mark Bender, Greenwashing, Professional Development Seminar, Telstra Corporation IP Group, September 2011.
• Mark Bender with Dr Lee Gordon-Brown, Statistical Approaches in Legal Research, Research Methodology Series Seminar, Department of Business Law and Taxation, Monash University, September 2009.
• Mark Bender, Trade Marks and Search Engine Marketing, Professional Development Seminar, Davies Collison Cave, Melbourne, June 2009.
• Mark Bender with Abe Herzberg, Insolvency Insights, Department of Business Law and Taxation Seminar, Monash University, Melbourne, June 2009.
• Mark Bender with Abe Herzberg and Lee Gordon-Brown, "Characteristics Of Companies In Voluntary Administration: An Empirical Review" Corporate Law Teachers Association Conference, University of Technology, Sydney, February 2009.
• The Effectiveness of Innovative Approaches in Teaching Law to Commerce Students, Teaching and Learning Conference, Faculty of Business and Law, Deakin University, Geelong, October 2008. 
• Mark Bender, "Google Book Search; Priates of the collection? Worlds end?", Australian Law Teachers Association Conference, Cairns, July 2008.
• Mark Bender "Copyright considerations for religious organisations", J Reuben Clark Law Society Asia Pacific Conference, Auckland, New Zealand, May 2008.
• Mark Bender, New approaches to teaching law to commerce students. A post mortem, Association of Law Teachers Conference, St Anne's College, Oxford, March 2008.
• Mark Bender, “Underquoting in Victorian Real Estate marketing?” Department of Business Law and Taxation Seminar, Monash University, Melbourne, February 2008.
• Mark Bender, Improving Commerce Student Outcomes in Business Law, Australian Law Teachers Association Conference, Perth, September 2007. 
• Mark Bender, "Variations between advertised and sale prices in Victorian Real Estate", Faculty of Business and Economics, ECR Seminar, Monash University, July 2007.
• Mark Bender, "Legal Responses to Spam", Department of Business Law and Taxation Seminar, Monash University, December 2006.
• Mark Bender, Legal Responses to Conduct in the Real Estate industry, ANU COLLEGE OF LAW POSTGRADUATE RESEARCH CONFERENCE 2006, The Australian National University, Canberra.

Citations

• Canadian Bar Association Task Force on Conflicts of Interest, Final Report, Recommendations and Toolkit
  http://www.cba.org/CBA/groups/pdf/conflicts_finalreport.pdf
• Law Reform Committee, Victoria, Inquiry Into Property Investment Advisers and Marketeers Final Report
  http://www.parliament.vic.gov.au/LAWREFORM/inquiries/Property%20Investment/final%20report.pdf
• McAfee, Whats' In A Name: The State of Typo-Squatting, Security Advice
  http://us.mcafee.com/root/identitytheft.asp?id=safe_typo&cid=38296
• McDermid & Bolton, Ethics in ICT: An Australian Perspective, Pearson

Research

• Mark’s research interests are in the areas of Consumer Protection and Competition Law, Property and Planning Law, Intellectual Property, Legal Teaching and IT Law.
• Mark is a Level 1 Monash Accredited Research Supervisor and acts as a referee for submissions in a number of academic publications.

Research Funding

• 2007 – Research into Real Estate Advertising, Department of Justice Victoria
• 2007 – Developing Commercial Law Online Learning Exercises – (Education Unit, Faculty of Business and Economics, Monash University)
• 2007 – Commercial Law Online Discussion Forum Trial – (Education Unit, Faculty of Business and Economics, Monash University)
• 2006 – Conduct in the Victorian Real Estate Industry (Department of Business Law and Taxation, Monash University)
• 2006 – Improving student outcomes in Business Law (Education Unit, Faculty of Business and Economics, Monash University) (with Roger Gamble and Dr Lyn Turner)
• 2006 - s439A Voluntary Administrators Reports (Department of Business Law and Taxation, Monash University) (with Abe Herzberg)
• 2006 – Retail employee’s awareness of consumer rights (Consumers and Retail Research Unit, Faculty of Business and Economics, Monash University) (with Roger Gamble)

Awards

• Nominated for Dean's Award for Excellence in Teaching, Faculty of Business and Economics, 2009
• Faculty of Business and Economics Prize, Higher Degree by Research Poster Exhibition, Monash University, 2009
• Best Paper Prize, (with Abe Herzberg and Lee Gordon-Brown), Corporate Law Teachers Association Conference, University of Technology, Sydney, February 2009.
• Finalist, LexisNexis – Australian Law Teachers Association Award for Excellence and Innovation in the Teaching of Law 2008.
• Intellectual Property Society of Australia and New Zealand 2008 essay competition finalist.
• Monash Universtiy. Department of Business Law and Taxation, 2007 Prize for Teaching Excellence and Innovation.

Organised Conferences

J Reuben Clark Law Society Asia Pacific Conference, Melbourne, June 2007

Research in Progress

• The adequacy of legal responses to Spam
• Fiduciary obligations: the essential ingredient
• s439A voluntary administrators reports to creditors – an empirical study (with Abe Herzberg)
• The devil is in the retail – awareness of consumer protection law among retail staff (with Roger Gamble)
• Improving student outcomes for commerce students in their first law subject (with Roger Gamble and Lyn Turner)

Contact

Department of Business Law and Taxation, Faculty of Business and Economics
Building S
Monash University
Sir John Monash Drive
Caulfield
[p] 03.9903 2917