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Michael Duffy

Dr

20012018
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Personal profile

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 is a barrister and solicitor and, before joining Monash, was a Senior Associate at two major law firms, and a Senior Lawyer with the Australian Securities and Investments Commission. He spent ten years in general commercial litigation 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 also ran one of the earliest investor class actions (to this day, one of the few 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, 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 published extensively in peer reviewed journals on ASIC law, company and shareholder law, regulation of litigation funding and class actions as well as constitutional law.  In regard to the latter he has recently made a scholarly contribution to the Australian republic debate as well as writing on the implications of constitutional law for statutory rights of action as property under the Commonwealth Constitution.  He has made submissions on law reform in the areas of shareholder claims against insolvent companies, corporate disclosure and the financial reporting framework, and proportionate liability reforms. In 2017 he was on the Victorian Law Reform Commission Roundtable on litigation funding and class actions and has appeared before and was recently cited by the Australian Law Reform Commission in their inquiry into this area. He was also a member of a working party on offers of compromise organised by the Department of Justice. In the past 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 and industry to research access to justice issues, takeover law in proprietary companies and empirical evidence and public interest issues in shareholder class actions.

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, corporations law and corporate crime, and has taught, commercial and marketing (competition) law at graduate and undergraduate levels.

His research interests include company and organisational law, shareholder remedies and protection, civil procedure and access to justice, regulation of lawyers and third party litigation funders, constitutional issues in litigation, securities non-disclosure and insider trading, corporations, shareholder agreements, ASIC law, managed investments and co-operatives, private and public governance and constitutionalism and organisation. 

 

Keywords

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

Network Recent external collaboration on country level. Dive into details by clicking on the dots.

Projects 2017 2018

Takeovers and Shareholder Agreements Research

Duffy, M.

27/07/1827/08/18

Project: Research

Access to Justice Research

Duffy, M.

1/07/1730/04/18

Project: Research

Research Output 2001 2018

Is a cause of action a castle? Statutory choses in action as property and s51(xxxi) of the Constitution

Duffy, M. J., 2018, In : Melbourne University Law Review. 4, 1, p. 1-54 54 p.

Research output: Contribution to journalArticleResearchpeer-review

Open Access
File

Parliamentary appointment or popular election? Breaking the impasse on models for an Australian "Westminster Republic"

Duffy, M., Perryman, S. & Cianflone, A., 22 Jun 2018, In : Public Law Review. 29, 2, p. 147-172 26 p.

Research output: Contribution to journalArticleResearchpeer-review

Performance-enhancing drugs, sport and corporate governance: Lessons from an Australian football club

Duffy, M. & Nichol, M., 2017, In : Common Law World Review. 46, 2, p. 83-111 28 p.

Research output: Contribution to journalArticleResearchpeer-review

Activities 2008 2018

SUBMISSION TO ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

Michael Duffy (Contributor)
26 Oct 2018

Activity: External Academic EngagementSubmissions to industry or govt committees, commissions and inquiries

ALFA Inaugural Conference

Michael Duffy (Invited speaker)
22 Oct 2018

Activity: Participating in or organising an event typesContribution to conference

Corporate Conduct Class Actions Symposium

Michael Duffy (Invited speaker)
19 Nov 2018

Activity: Participating in or organising an event typesContribution to workshop, seminar, course

Submission to Australian Law Reform Commission (ALRC)

Michael Duffy (Contributor)
30 Jul 2018

Activity: External Academic EngagementSubmissions to industry or govt committees, commissions and inquiries

ALRC Consultation

Michael Duffy (Advisor)
27 Aug 2018

Activity: External Academic EngagementSubmissions to industry or govt committees, commissions and inquiries