Elise Bant

Punishment and Private Law

Elise Bant, Wayne Courtney, James Goudkamp, Jeannie Paterson

Book  |  2021

The role of punishment in private law is controversial, and the dominance of the compensatory paradigm has tended to deflect atten..

CULPABLE CORPORATE MINDS

Elise Bant

Journal article  |  2021  |  UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW

Many common law, equitable and statutory doctrines and rules concerned to regulate serious commercial misconduct require proof of ..

Australian Competition and Consumer Commission v Google: Deterring misleading conduct in digital privacy policies

Jeannie Marie Paterson, Elise Bant, Henry Cooney

Journal article  |  2021  |  Communications Law - Journal of Computer, Media and Telecommunications Law

Concerns over digital platforms’ collection and use of consumer data, and the impact of their data practices on personal privacy, ..

Systems of misconduct: Corporate culpability and statutory unconscionability

Elise Bant, Jeannie Paterson

Journal article  |  2021  |  Journal of Equity

This article considers the role of intentionality in establishing unconscionable conduct contrary to statute. Sections 21 and 22 o..

Crown, Collingwood and the Corporate Conscience

Elise Bant

Scholarly Contribution to Database/Website  |  2021

The different failures at Crown and Collingwood shows that the law need to go beyond individuals when holding corporations to acco..

Punitive Damages and the Place of Punishment in Private Law

J Goudkamp, E Katsampouka

Journal article  |  2021  |  Modern Law Review

It has long been orthodoxy that punitive damages, because they are awarded in order to punish, are an anomalous remedy. So entrenc..

Contract and the Challenge of Consumer Protection Legislation

Jeannie Paterson, Elise Bant

Book Chapter  |  2020

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have..

Mortgage Broking, Regulatory Failure and Statutory Design

Jeannie Paterson, Elise Bant

Journal article  |  2020  |  Journal of Banking and Finance: Law and Practice

The Royal Commission into Misconduct in the Banking, Insurance and Financial Services Industry and the Productivity Commission Rep..

Holding Corporations to Account

Elise Bant

Scholarly Contribution to Database/Website  |  2020

The slippery concept of corporate guilt too often allows companies off the hook. The law needs reforming.

The Evolution of Unjust Enrichment Law: Theory and Practice

Elise Bant, Kit Barker, Simone Degeling

Book Chapter  |  2020

In 1985, Peter Birks said in his characteristically incisive prose: '[i]t ought to be possible to take any legal subject and to cu..