Michael Duffy

Dr

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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 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, 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 was on the Victorian Law Reform Commission Roundtable on litigation funding and class actions and has appeared before and was 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.

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.

His 2005 Masters 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, corporations law and corporate crime, and has taught, commercial and marketing (competition) law at graduate and undergraduate levels.

Research area 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
  • Regulation of Emerging Technology

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 2019

Causation in Australian securities class actions: searching for an efficient but balanced approach

Duffy, M., 10 Oct 2019, In : Australian Law Journal. 93, 10, p. 833-854 22 p.

Research output: Contribution to journalArticleResearchpeer-review

Deconstructing digital currency and its risks: why ASIC must rise to the regulatory challenge

Latimer, P. & Duffy, M., Mar 2019, In : Federal Law Review. 47, 1, p. 121-150 30 p.

Research output: Contribution to journalArticleResearchpeer-review

The conundrum of competing class actions and the efficiency question

Duffy, M., 2019, In : Australian Law Journal. 93, 4, p. 270-273 4 p.

Research output: Contribution to journalArticleOtherpeer-review

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

Activities 2008 2019

Submission to the Financial Services Reform Task-force in relation to Exposure Draft of the National Consumer Credit Protection Amendment (Mortgage Brokers) Bill 2019

Han-Wei Liu (Contributor), Weiping He (Contributor), Toan Le (Contributor), Michael Duffy (Contributor)
2 Oct 2019

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

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

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

Corporate Conduct Class Actions Symposium

Michael Duffy (Invited speaker)
19 Nov 2018

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