PUBLICATIONS

DEVELOPING A RATIONAL LAW OF MISLEADING CONDUCT

Returning to Sample the Remedial ‘Smorgasbord’ for Misleading Conduct. Professor Elise Bant and Alex McCracken, UWA Law Review, Advance Copy, April 2022

Professor Elise Bant, Submission to ALRC Financial Services Legislation Interim Report A, and Annexure A, 25 February 2022

A comparison table of Misleading Conduct Legislation, 31 January 2021. Authored by J Sabbagh, J Huntley, H Sanderson, E Bant and JM Paterson

A road map to decision causation: In misleading conduct and failure to disclose cases, E Bant, ‘A Road Map to Decision Causation in Misleading Conduct and Failure to Disclose Cases’ (2020) 157 Precedent 4-9

Evolution and Revolution: The Remedial Smorgasbord for Misleading Conduct in Australia, E Bant and JM Paterson, ‘Evolution and Revolution: The Remedial Smorgasbord for Misleading Conduct in Australia’ (2020) 14 FIU Law Review 25-42

E Bant and JM Paterson, ‘Developing a Rational Law of Misleading Conduct’, in M Douglas, J Eldridge and C Carr (eds), Economic Torts in Context (Hart Publishing, Oxford 2021) in press.

E Bant and JM Paterson, ‘Evolution and Revolution: The Remedial Smorgasbord for Misleading Conduct in Australia’ (2020) 14 FIU Law Review 25-42.

JM Paterson and E Bant, ‘Intuitive Synthesis and Fidelity to Purpose?: Judicial Interpretation of the Discretionary Power to Award Civil Penalties Under the Australian Consumer Law’, in P Vines and S Donald (eds), Statutory Interpretation in Private Law (Federation Press, Leichhardt 2019) 154-184.

E Bant, ‘Unravelling Fraud in the Wake of Hayward v Zurich Insurance’ (2019) LMCLQ 91-111.

JM Paterson and E Bant, ‘In the Age of Statutes, Why Do We Still Turn to the Common Law Torts?: Lessons from the Statutory Prohibitions on Misleading Conduct in Australia’ (2016) 23 Torts LJ 1-24. Access the document

E Bant, ‘Common Law and Statute: Interaction and Influence in Light of the Principle of Coherence’ (2015) 38 University of NSW Law Journal 362-386. Submissions.  Access the document

E Bant and JM Paterson, Submission to the Aboriginal Cultural Heritage Bill 2020, 22 September 2020 (3,956 words).

F McGaughey, E Bant, R Faugno and H Cullen, Submission to the Proposed WA Procurement Debarment Regime, 27 July 2020 (5,228 words).

E Bant and JM Paterson, Submission to Treasury on its proposed reforms to strengthen penalties for corporate and financial sector misconduct, 12 October 2018 (6,923 words).

E Bant, Submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, 4 October 2018 (5,989 words).

E Bant and J Paterson, Submission to the Australian Consumer Law Review 2017 regarding findings and recommendations arising from the grant project (consumerlaw.gov.au).

%d bloggers like this: