PhD student achievements
Rangika Palliyaarachchi, PhD (Monash University) LLB (Hons) (University of Colombo)
Constructing Meaning through Organisations and Law: An Analysis of the Due Diligence Defence for Prospectus Misstatements and Omissions Liability in the United States, the United Kingdom and Australia (Graeme Hodge/Emmanuel Laryea)
Research Area: Securities and Corporations Law
The thesis adopted the Legal Endogeneity framework of Lauren B Edelman to examine the legal and organisational construction of the content and meaning of due diligence defence for prospectus misstatements and omissions liability in Australia, United Kingdom (UK), and the United States (US).
|Thai, Lang, PhD (Monash University)|
Shareholder litigation and the statutory derivative action (Normann Witzleb /Jennifer Hill)
Research Area: Corporations law
Julian Scarff, PhD (Monash University), LLM (Regulatory Studies) (Monash University), LLB (Hons) (University of Melbourne)
Are Chinese courts determining the injunction applications of standard-essential patent (SEP) owners according to law? (Ann Monotti/John Duns/Chenxia Shi (BLT))
Research Area: Patent Law
Applications that communicate wirelessly – from smart phones to smart infrastructure – use technical standards that are themselves critically reliant on proprietary patents. Focussing on China, the thesis compared its regulation of SEPs to corresponding regimes in the United States, the European Union, South Korea and Japan – finding that the major differentiator between jurisdictions is in their assessment of licensing negotiations conduct.
Antony Colafella BA (Monash), LLB Hons (Monash)
'The mixed philosophy of Australia’s prohibition against monopolisation and the misuse of market power: a historical analysis of the development of section 46 of the Competition and Consumer Act 2010 and its predecessors'
Mr Colafella’s thesis examines the legislative history of Australia’s prohibition against the unilateral abuse of market power. It contends that the prohibition’s core objective was to protect market forces, but its ability to do so was hampered by a political desire not to restrict the commercial conduct of large enterprises. Accordingly, the thesis advocates that the legality of a firm’s use of market power should be assessed by its impact on active competitors and consumer choice, as they help prevent the exclusionary conduct of big business which harms the competitive process.
Dariel De Sousa BE (Mech) Hons (Monash) LLB (Hons) (Monash) BCL (Oxford) MBA (Yale)
‘Regulating Systemic Risks: Lessons from the Regulation of Climate Change Risks to Australian Infrastructure’ (Graeme Hodge/Arie Freiberg)
Ms De Sousa’s thesis seeks to determine how systemic risks, particularly those associated with climate change, can be regulated most effectively. The research includes an empirical evaluation of the way in which risks to Australia’s infrastructure, caused by climate change, are currently regulated.
Chathuri Gajaweera Arachchige LLB (Hons) (University of Colombo), LLM (Kotelawala Defence University in Colombo, Sri Lanka), MMgt (Accounting) (University of Melbourne).
Causation and legal responsibility: Analysing the approaches to establishing loss in securities market misconduct.
Ms Chathuri's thesis investigates the different approaches taken to establish causation in securities market misconduct cases in Australia. It explores the possibility of creating an investor-friendly approach to causation in such cases.
Caroline Morgan BA LLB (Hons) (Melb) LLM (Monash) SJD Candidate (Monash)
Arthurnatious Muzuva LLB (Hons)(NMMU) LLM (NMMU) LLM (UL)
'Regulation of Financial Products in Australia' (Weiping He/Emmanuel Laryea)
Mr Muzuva's thesis investigates the regulation of financial products by the Australian Securities and Investments Commission (ASIC), both before and after the global financial crisis of 2008. The thesis examines the regulatory shift towards greater focus on the protection of investors.
Christopher Nyinevi, LLB (KNUST, Ghana); LLM (Int’l Law & Justice, Fordham University, USA), QCL (GhSL, Ghana)
'From “Investor” through “Host State” to “Host People’s” Legitimate Expectations?' (Emmanuel Laryea/Caroline Henckels)
Mr Nyinevi’s PhD research examines the liability of a foreign investor under international law for the harms that an investment project or business operation may cause to local communities in the host country of the investor. It aims to develop a legal theory by which foreign investors (mostly corporations) may be held accountable, within international law, for investment-related injuries to host state communities.
Samantha Perussich BSci (Psychology) (Hons) LLB (ANU) GDIP (Legal Practice) (ANU) LLM (Uni of Edinburgh)
‘Corruption within Public Sector Victoria and the Intersection of Private Cooperation’ (Liz Campbell/Graeme Hodge)
Ms Perussich’s thesis investigates the socio-legal construction and perceptions of corruption within public sector Victoria and the involvement of private cooperation within this paradigm. It further explores the effectiveness of the current regulatory frameworks to deter and disrupt corruption within the Victorian public sector.
Neerav Srivastava BComm, LLB (Hons) (UL), PCLL (CUHK) LLM (UM)
‘The Law of Digital Matchmaking’ (Normann Witzleb/ Janice Richardson)
Mr Srivastava’s thesis investigates the law and principles regarding the 21st century phenomenon of digital matchmaking - that is when a platform such as Uber, Airbnb, Airtasker, and Tinder, brings strangers together. The thesis places particular emphasis on the legal responsibilities owed by the platform to both the guest (eg passenger) and the service provider (eg driver).
Mapitso Raswoko LLB (NUL) (MBA (CSU) MSc Law & Finance (University of Leeds)
‘The Volcker-Vickers Solution: An Elixir for the Safety of the Financial System? (Stephen Barkoczy/Barry Williams/Steve Kourabas)
Ms Raswoko’s thesis investigates the regulation of commercial banks’ market-based credit intermediation and its effectiveness in attaining stability and efficiency in the financial system. It evaluates the impact of the US Volcker Rule and UK Retail Bank Ring-Fencing securitisation regimes, with particular focus on mitigating banks’ exposures to market risks and interdependence in the financial system.
Michael Anthony Robson LLB (1st Class Hons) BSc (Phys)
'The contemporary role of shareholder ratification and authorisation of breaches of directors’ duties' (Dr Normann Witzleb, Dr Susan Barkehall-Thomas)
Shareholders of companies have the power to authorise conduct that would otherwise be in breach of directors’ duties or to ratify such conduct after it occurs. Mr Robson’s Thesis addresses the question of whether the doctrine of ratification remains relevant and appropriate to companies governed by the Corporations Act 2001 (Cth). While the doctrine of ratification provides a range of benefits to companies and their shareholders, the law is in significant respects uncertain and raises some public policy problems.
Lushanthi Vithanage LLM (Hons) (London) DipAML (Manchester) DipComp (Manchester)
'Cross-Border Bank Failure: Issues Faced by Depositors in Host Countries' (Weiping He/Steve Kourabas)
Ms Vithanage's thesis explores the availability of deposit insurance to depositors in host countries in a cross-border banking failure. It investigates home country deposit insurance schemes and insolvency laws, and international standards on deposit insurance, to ascertain whether the issues relating to deposit insurance are adequately addressed in cross-border banking, and if not, how they can be improved.
Duncan Wallace BA PPE (Hons) (University of Manchester) PGD Economics (University of Melbourne) JD (University of Melbourne)
‘Natural Entity Theory: Implications for Corporate Ownership’ (Genevieve Grant/Julian Sempill)
Duncan Wallace’s doctoral research is about the history and philosophy of corporate legal personhood. He is particularly interested in the ‘natural entity’ theory – or ‘organic’ theory – of the corporation, which understands the corporation as a kind of organism.
Estelle Wallingford (DipL., BA(Hons) (Melbourne University), JD (Sydney University), GDip Leg Prac (ANU))
'Assigning Legal Liability in the Context of Machine Learning Artificial Intelligence' (Janice Richardson/Maria O’Sullivan)
Ms Wallingford’s thesis explores how artificially intelligent machine learning systems should be characterised under the law. Her research further considers who should be held legally liable for the actions of, or consequences arising from the use of these systems.