Kit Barker
University of Queensland
Joint and several liabilityUnjust enrichmentSociologyBusinessComparative lawStatutory lawEconomicsCausationCommon lawPolitical sciencePublic lawLaw and economicsLawTortDuty of careValue (ethics)High CourtDamagesLiabilityRestitutionCivil law (common law)Private lawCommercial lawMunicipal lawPlaintiff
106Publications
5H-index
93Citations
Publications 96
Newest
#1Kit Barker (UQ: University of Queensland)H-Index: 5
This chapter asks whether there is still any such thing as punishment in private law any more. In doing so, it examines the meaning(s) and purposes of the idea of punishment; and the history, meaning and purposes of private law. It concludes that punishment, properly understood as a judicial act and aim in its own right (and not just as an effect of other judicial acts), should be understood narrowly as an act of retributive justice and reprisal. Whilst this idea did indeed feature in the histor...
#1Kit BarkerH-Index: 5
#1Elise Bant (LSAC: Law School Admission Council)H-Index: 4
#2Kit Barker (UQ: University of Queensland)H-Index: 5
Last. Simone Degeling (UNSW: University of New South Wales)H-Index: 3
view all 3 authors...
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic c...
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This paper provides an up-to date account of the nature and status of the idea of unjust enrichment in Australia, noting recent changes in the composition and attitudes of the High Court and the widespread confusion that exists amongst legal practitioners about the the way in which such claims should be pleaded in practice. The paper articulates and distinguishes between five different roles that unjust enrichment might play in modern legal reasoning, namely as : (i) a purely moral principle; (i...
This article models the circumstances in which hybrid public and private enforcement systems exist in both public and private law. Although public law is normally enforced publicly and private law privately, there are a number of notable departures from this pattern - of which competition law provides one example - in which the law is enforced both by public agents and private parties. Is such hybrid enforcement a historical anomaly, or a rational, ongoing practice? Here I suggest that enforceme...
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#1Samuel WalpoleH-Index: 1
#2Kit Barker (UQ: University of Queensland)H-Index: 5
Annual digest of, and commentary upon, Australian restitution cases. The past two years have been a period of significant development of the Australian law of restitution by the High Court, which has handed down two notable decisions. The first of these, Mann v Paterson Constructions Pty Ltd [2019] HCA 32, is easily one of the most important Australian restitution cases in decades and may well constitute a watershed moment in Australian conceptualisation of the subject. The second High Court dec...
#1Kit Barker (UQ: University of Queensland)H-Index: 5
#2Samuel WalpoleH-Index: 1
Annual digest of, and commentary upon, Australian restitution cases. Key cases discussed include Commissioner of State Revenue v ACN Pty Ltd [2017] HCA 6; Thorne v Kennedy [2017] HCA 49; Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; ; Fistar v Riverwood Legion & Community Club Ltd [2016] NSWCA 81; Great Investments Ltd v Warner (as liquidators of Bellpac Pty Ltd) [2016] FCAFC 85; Lifeplan Australia Friendly Soc Ltd v Ancient Order of Foresters in Victoria Friendly Soc Ltd...
#1Elise Bant (LSAC: Law School Admission Council)H-Index: 4
#2Kit Barker (UQ: University of Queensland)H-Index: 5
Last. Simone Degeling (UNSW: University of New South Wales)H-Index: 3
view all 3 authors...
#1Elise BantH-Index: 4
#2Kit BarkerH-Index: 5
Last. Simone DegelingH-Index: 3
view all 3 authors...
In 1985, Peter Birks said in his characteristically incisive prose: '[i]t ought to be possible to take any legal subject and to cut away its detail so as to reveal the skeleton of principle which holds it together'. He lamented that the common law of restitution lacked any agreed framework and stood in danger of being unintelligible. Some 30 years on - a mere blink in the eye of the law's development - that position has changed, in no small part due to the efforts of leading scholars such as Bir...
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