Obiter Dicta

Law School spotlight

Professor Elise Bant, Professor of Private Law and Commercial Regulation

Tell us about what you will be teaching in the Law School?

In February 2020 I will be teaching the JD intensive elective, Unjust Enrichment and Restitution, with long-time friend and colleague Dr Eric Heenan. This is an exciting subject to have on the curriculum, as it is critical to commercial legal practice yet is one of the least understood of the major branches of private law. It is also undergoing significant development both here and overseas, so is best navigated with the benefit of a specialist understanding!

What are your research interests and priorities?

Beyond unjust enrichment (which is always a key research area), I hold an ARC Discovery Grant Project DP180100932 with Professor Paterson at Melbourne Law School on ‘Developing a Rational Law of Misleading Conduct’. As the title suggests, this examines the regulation of misleading conduct across common law, equity and statute with a view to significant law reform, taking in areas as diverse as deceit, breach of fiduciary duty and of course a swathe of statutory prohibitions across dozens of statutes.  I am also embarking on a new research project in 2020, to examine how we ascertain corporate ‘states of mind’  and whether we need to adopt more objective strategies to combat corporate fraud and predatory conduct.

What are your aspirations for the Law School in taking up this appointment?

As Professor of Private Law and Commercial Regulation, I aim to work very closely with Law School colleagues both individually and through collaborative bodies such as the Obligations Hub and the UWA Public Policy Institute. My work also demands that I engage with the legal profession, courts, law reform bodies such as the ALRC, consumer groups and regulators such as ASIC and ACCC. And, of course, UWA students will sit at the heart of my research agenda, both as students who subject my ideas to the most rigorous testing and as research assistants. So it promises to be a busy and rewarding transition for me.

 

Rachel Chan, 2019 Valedictorian

Rachel delivered the Valedictorian address at the 2020 December Law Graduation. We interviewed her in anticipation of this special occasion.

You will graduate as Juris Doctor on 10 December. Congratulations! How would you describe your time at the Law School?

The JD was a challenging three years but throughout the degree I felt that I was part of a supportive, encouraging community of teachers and fellow students. For this I am very grateful.

What advice would you give to prospective JD students?

First, embrace and enjoy all that law school has to offer — including the fact that the JD is a challenging degree. Second, spare time is a misnomer. If you do not actively put time aside for things outside study and work, spare time can be very hard to come by. I did not fully appreciate this until later in my degree when I finally decided to take up the hobbies that I always wanted to do but thought I never had the time for.

What are your career plans from here?

Next year, I will undertake an associateship at the Supreme Court of Western Australia. The year after next, I will start as a graduate at a commercial law firm. I am very excited for these opportunities.