Research Output per year
Professor the Hon Clyde Croft AM SC joined the faculty on 1 February 2020 as a Professor and as a leader of the Commercial Disputes Group. He has also been appointed a Monash University Mooting Fellow.
Professor (Dr) Croft was a Commercial Court Judge of the Supreme Court of Victoria from 2009 to 2019 in charge of a General Commercial List, the Arbitration List, the Taxation List and Retail Leases Act appeals. A link to his speeches is available here.
Prior to his judicial appointment he practised at the Bar in numerous Australian jurisdictions and was appointed a Senior Counsel in 2000. His areas of practice were primarily in property, equity and commercial law, and international and domestic commercial arbitration. He has appeared in the higher courts, statutory tribunals (including VCAT) and arbitration tribunals, acted as an arbitrator in commercial arbitration disputes (including major construction and engineering disputes), in Australia and internationally, and was involved in other forms of alternative dispute resolution including mediation, expert determination and negotiation. Professor Croft was also an international arbitrator - “door tenant” - at Falcon Chambers, London, and is now a member of Falcon Chambers as an international arbitrator and mediator. He is also practising in these capacities based at Dawson Chambers, Melbourne.
Professor Croft’s previous Government appointments include: Secretary [Department Head] Northern Territory Department of Law (Attorney-General’s Department) and Crown Solicitor/Solicitor for the Northern Territory (1986 - 88); Executive Director, Law Reform Commission of Victoria (1986); and Assistant Secretary (Policy Coordination), acting as Deputy Secretary, Law Department (Attorney-General’s Department), Victoria (1984 – 1985). He has also provided extensive legal and policy advice to various Australian Governments in his areas of expertise, particularly in the field of arbitration.
Professor Croft holds a PhD from the University of Cambridge and is the author of numerous books, journal articles and conference papers, primarily in the areas of commercial tenancy law, mortgages, equity and commercial arbitration. He is a Life Fellow of Australian Centre for International Commercial Arbitration (ACICA), a Life Fellow of the Resolution Institute, a Fellow [Arbitration] of the Arbitrators’ and Mediators’ Institute of NZ (AMINZ), a Fellow of the Chartered Institute of Arbitrators (London), a Fellow of the UNCITRAL Coordination Committee for Australia (UNCCA) and a Fellow of the Australian Academy of Law. In the 2019 Australia Day Honours Professor Croft was appointed a Member of the Order of Australia (AM) For significant service to the law, and to the judiciary, particularly through commercial arbitration.
The focus of Professor Croft’s research and teaching is commercial dispute resolution with an emphasis on international and domestic commercial arbitration, mediation and cost-effective litigation (including litigation in and supported by an Australian International Commercial Court and international conventions for the recognition and enforcement of foreign and Australian arbitral awards and Australian and foreign court judgments).
Working with the UNCITRAL Coordination Committee for Australia (UNCCA) and with UNCITRAL Working Group II (Arbitration and Conciliation), particularly at its sessions in Vienna and New York, in the development of international arbitration, mediation and conciliation laws, rules and practice.
Addressing the substance and cost-effectiveness with respect to procedural and ethical matters in international and Australian arbitration, mediation and other commercial dispute resolution processes – including civil procedure legislation in Australia and internationally (in the latter respects, particularly in England and Wales).
e Trials and e Arbitration
Assisting in the practice and development of electronic trial, hearing and document management for litigation and arbitration.
Commercial property law with an emphasis on commercial and retail leases and securities, particularly over real and personal property.
Monash teaching commitment
- Developing and teaching units and seminars in relation to international and domestic arbitration, mediation and other commercial dispute resolution processes and also organizing conferences and professional CPD programs in these areas.
- Developing cooperative teaching and other arrangements with arbitration, mediation and other commercial dispute resolution providers – such as the Resolution Institute and the Chartered Institute of Arbitrators.
- Working with various mooting team directors and teams competing in domestic and international mooting competitions (arbitration and litigation).
LLM, Monash University
LLB, Monash University
Bachelor of Economics, Monash University
PhD, University of Cambridge
Research area keywords
- Commercial Dispute Resolution
- Real Property