Research highlights

Victoria’s first Mental Health Complaints Commissioner

Ms Lynne Coulson Barr, a current doctoral candidate in the Faculty of Law, has been appointed Victoria’s first Mental Health Complaints Commissioner. See details of the new role. Ms Barr is currently enrolled in a Doctor of Juridical Science (SJD) program under the supervision of Associate Professor Bronwyn Naylor. Her research concerns the efficacy of decision making on the suitability of disputes for statutory conciliation.

In 2013, Ms Barr was awarded a Weinstein International Fellowship from the JAMS Foundation in the United States to undertake a study of alternative dispute resolution practices, one of only 12 people selected from around the world.

Ms Barr will apply the insights gained from this study tour, together with the findings from her current doctoral research on conciliation, to develop specialist approaches to complaint resolution in the mental health sector, with a focus on promoting effective access and outcomes for people with mental illness and their families.

Expert legal commentary: New Frontlines in Regulating Unconscionable, Unfair, and Bad Faith Business Conduct

By Professor Bryan Horrigan

 

Overview

Professor Bryan Horrigan

In the last few months since the inaugural edition of The Monash Law e-Briefing, developments have continued on multiple fronts in the regulation of unconscionable, unfair, and bad faith business conduct. The ACCC v Lux case reached its end point in the High Court. The ACCC announced proceedings against Coles for alleged unconscionable conduct towards suppliers. The ANZ bank fees case is heading to appeal. The Abbott Government finalised its panel and terms of reference for the much-publicised ‘root and branch’ review of competition law. The Government also released proposed legislation on new franchising reforms, including the introduction of an obligation of good faith in franchising agreements.

These regulatory and litigious developments are of topical interest to commercial and consumer lawyers, competition and financial regulators, and businesses of all kinds and their corporate counsel. They are also relevant for policy-makers and law-makers, public lobby groups and industry peak bodies, and academics and students who study commercial law, competition law, consumer law, franchising law, contract law, and equity.

Research highlights

We are delighted that Faculty of Law academics have involvement in three new recently awarded Australian Research Council (ARC) Discovery Projects grants and a Future Fellowship. These nationally competitive awards support the highest-quality research leading to the discovery of new ideas and the advancement of knowledge, and are a testament to the creative abilities and skills of our researchers.

Discovery Projects provide funding for research projects that can be undertaken by individual researchers or research teams for up to three consecutive years.

Expert legal commentary: Abbott Government’s ‘Root and Branch’ Review of Competition Law and Unconscionable Business Conduct

Professor Bryan Horrigan

By Professor Bryan Horrigan
Dean, Faculty of Law, Monash University

The Bottom Line
Unconscionable business conduct towards small business and consumers is a growth area for regulatory reform as well as ‘test case’ advice and litigation. So, what should the Abbott Government’s ‘root and branch’ review of competition law (‘“root and branch” review’) do with the regulation of unconscionable business conduct towards small business? The Government’s draft terms of reference for this review clearly signal that reforming business-to-business unconscionability and extending the ‘unfair contracts regime’ to small business are both clearly on the agenda of possible outcomes. These two areas of possible reform are linked, in ways outlined in this comment.