Michael Duffy

Dr

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20012021

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Personal profile

Biography

Biography

Dr Michael Duffy is director of the Corporate Law, Organisation and Litigation Research Group (CLOL) and is a Senior Lecturer and researcher in the Department of Business Law and Taxation.

Michael has published extensively in peer reviewed journals on ASIC law, company and shareholder law, class actions and access to civil justice and regulation of quasi (or actual) financial products such as litigation funding and digital currency.  He has an interest in institutional economics and market and non-market social organisation and governance and the interplay of the two; the latter extending as far as constitutionalism and constitutional law (he has recently made scholarly contributions to the Australian republic debate and the question of statutory causes of action as property under the Commonwealth Constitution). 

Michael is a lawyer and, before joining Monash, was a Solicitor and Senior Associate at three respected law firms and a Senior Lawyer with the Australian Securities and Investments Commission. He spent ten years in general commercial litigation and insolvency acting for plaintiffs and defendants then four years as a plaintiff lawyer on a team acting for the lead plaintiffs in Australia's first major successful shareholder class action (King v GIO). He was also instructing solicitor on one of the earliest and few investor class actions to go to successful judgment for the plaintiffs (Spangaro v CIAFM).  At ASIC he worked as a senior enforcement lawyer working on matters including corporate investigation and liquidation, continuous disclosure, insider trading, managed investment schemes and financial services.  He was accredited by the Law Institute as a commercial litigation specialist from 1997 through 2007.

Michael has made submissions on law reform in the areas of shareholder claims against insolvent companies, corporate disclosure and the financial reporting framework, proportionate liability reforms, corporate whistleblowing and to the 2018 Banking and Financial Services Royal Commission. In 2017 he submitted to the Victorian Law Reform Commission on litigation funding in class actions and insolvency administrations and was on the Roundtable.  He has also submitted to, appeared before and been cited by the Australian Law Reform Commission in their inquiry into this area and in 2020 was invited to submit to the Commonwealth Parliamentary Joint Committee enquiry into this area. He has also been a member of a working party on offers of compromise organised by the Victorian Department of Justice.

He has consulted to the private sector in relation to managed investment schemes and the structure of representative proceedings.  He has also received funding from the private profession to research access to justice issues, takeover law in proprietary companies and public interest relief in shareholder class actions.

Michael holds bachelor degrees in Law and Commerce (the latter majoring in economics and economic history). His 2005 Masters in Law thesis focused on stakeholder ownership in corporations.  In 2017 Michael was awarded a PhD for his thesis examining the extent to which private securities class actions can provide investor protection from poor securities disclosure, including a comparison with ASIC enforcement in the area.  

Michael currently teaches insolvency law and corporate crime, and has taught, corporations, corporate governance, commercial and marketing (competition) law at graduate and undergraduate levels.

Research area keywords

  • Insolvency and Reconstruction
  • Securities Non Disclosure
  • ASIC law
  • Litigation and Access to Justice
  • Insider Trading and corporate crime
  • Private and Public Governance and Constitutional Law
  • Shareholder Remedies and Class Actions
  • Organisation theory
  • Legal Profession and Litigation Funding Regulation
  • Co-operatives
  • Regulation of Emerging Technology
  • Corporations Law

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