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Professor Vince Morabito

Department of Business Law and Taxation

Profile

Vince Morabito is a Professor and is teaching in both the undergraduate and postgraduate programs.

He has practised as a solicitor with Clayton Utz. Vince has also taught in the law schools of Monash, Melbourne and Deakin Universities.

A report on class actions co-authored by Vince in 1995, at the request of the Victorian Attorney-General's Law Reform Advisory Council, resulted, in November 2000, in the introduction by the Victorian Parliament of a new and comprehensive legal regime governing Victorian class actions.

He has "represented" Australia (a) at the Globalization of Class Actions conferences in 2007 and 2008 (see http://globalclassactions.stanford.edu/category/authors/vincent-morabito); (b) with respect to the American Antitrust Institute's International Handbook on Private Enforcement of Competition Law in 2010; (c) at the International Association of Procedural Law's First International Conference on Collective Proceedings Class Actions (to be held in Buenos Aires in June 2012) and (d) at the International Association of Procedural Law's XV World Congress on Civil  Procedure (to be held in Moscow in September 2012). (see http://research.osgoode.yorku.ca/iapl2012/)

Contact details

Telephone
+61 3 9903 1422
Email
Email Professor Morabito
Postal address
Department of Business Law and Taxation
PO Box 197
Caulfield East, Vic 3145
AUSTRALIA

More recently, Vince has been a consultant to the UK Government Equalities Office, the Hong Kong Law Reform Commission, the Federal Court of Australia, the Australian Research Council, the Law Reform Commission of Western Australia, and the Victorian Law Reform Commission. He is also a member of the Federal Court of Australia's Victorian and NSW Class Action Users Groups.

In 2009 Vince was one of only two Australian academics to be invited, by the Federal Attorney-General's Department's Access to Justice Taskforce, to appear before it to provide its members with his views on developing a strategic framework for access to justice. He was also the only academic to be invited, by the Federal Treasury, to take part in a roundtable organised by the Treasury in March 2010, to discuss the Full Federal Court's decision, in Brookfield Multiplex Ltd v International Litigation Funding Pty Ltd (2009) 256 ALR 427, to classify class actions as managed investment schemes and what regulatory action (if any) may be necessary to deal with its consequences.

In November 2010 he was a recipient of the Dean's Award for Excellence in Research.

Vince has been interviewed, on various legal issues, on the ABC TV's 7.30 Report and various programs on the ABC Radio and Radio Atticus and by the American Lawyer magazine, the Australian Financial Review, the Business Review Weekly, The Australian, the Sydney Morning Herald, The Age, The West Australian and The Business Spectator. (see BLT staff in the media)

He has received research grants from several entities including the Australian Research Council, the Victoria Law Foundation and the Australasian Institute of Judicial Administration.

Thanks largely to a Discovery Project grant received from the Australian Research Council, Vince is currently conducting the first empirical study of Australia's class action regimes. Some of this study's preliminary findings and data were released at a seminar held at the Melbourne offices of Freehills on 2 December 2009.
>>An Empirical Study of Australia's Class Action Regimes (.pdf ~295kB)

A second report was released in September 2010.
>> Second report (.pdf ~465kB)

Other findings are contained in articles that have been published in several overseas journals, including the Connecticut Journal of International Law, the Civil Justice Quarterly, the New Zealand Law Review and the New Zealand Universities Law Review (see "Recent publications" below).

Vince's publications have been relied upon and cited by:

  • overseas courts, including British Columbia's Court of Appeal, Manitoba's Court of Appeal, Ontario's Superior Court of Justice and the High Court of New Zealand;
  • local courts, including the High Court of Australia, the Full Federal Court of Australia, the New South Wales Court of Appeal and the Federal Court of Australia;
  • international entities, including the OECD and the European Commission;
  • overseas law reform commissions, including the Alberta Law Reform Institute; the Law Reform Commission of Ireland, the Manitoba Law Reform Commission, the Hong Kong Law Reform Commission and the South African Law Commission;
  • local law reform commissions, including the Australian Law Reform Commission, the New South Wales Law Reform Commission and the Victorian Law Reform Commission;
  • various overseas entities, including the International Bar Association, the American Bar Association, the Civil Justice Council of England and Wales, the Scottish Civil Courts Review, New Zealand's Rules Committee, Quebec's Consumers' Association, the US Chamber Institute for Legal Reform, Israel's Bar Association and Hong Kong's Legislative Council Secretariat;
  • local Government entities and groups, including the Federal Attorney-General's Department's Access to Justice Taskforce, the Federal Government's Productivity Commission, Victoria's Department of Justice, the Office of the Victorian Privacy Commissioner and the Administrative Review Council;
  • local professional bodies, including the Law Council of Australia; and
  • local scholars and scholars from the US, Canada, England, Spain, Italy, Germany, the Netherlands, Ireland, Switzerland, Belgium, Romania, China, Hong Kong, Mexico, Israel, Japan, Singapore, South Africa, Malaysia and New Zealand.

Research areas and research supervision

  • class actions, access to justice, the regulation of commercial litigation funders the Financial Ombudsman Service
  • freedom of information and archives legislation
  • private enforcement of competition law, tax administration
  • constitutional law
  • compensation orders against offenders, national security law and judicial accountability and independence

Publications

2006-2010
2011-2012