Professor Elise Bant
Started at UWA: 2020
Homecoming professor of private law and commercial regulation
I have always formed my research projects out of my teaching. I find that it is only when tested against sharp and enquiring student minds that the fallacies in the law – and in my developing theories – are truly exposed!Professor Elise Bant
Professor Elise Bant is a teacher and researcher of private law and commercial regulation at the UWA Law School. She is passionate about developing a more just system of private law, where ‘like’ cases are treated alike and on a principled basis. Her scholarship speaks to judges and legislators, regulators and the profession, who are at the front line in applying and developing the law.
Professor Bant currently teaches the Juris Doctor elective subject of ‘Unjust Enrichment’ at the UWA Law School. She also teaches a Master’s level subject ‘Commercial Applications of Equity’ in the Melbourne Law Masters at the University of Melbourne. Her discipline research strengths include unjust enrichment and restitution law, contract and consumer law, property, equity and trusts, economic torts and remedies.
During 1997-1998, Professor Bant studied at Oxford University under Professor Peter Birks, who was influential in inspiring her chosen career in academia and a “life of wrestling with some of the most fascinating, complex and challenging legal issues of our time”. After later completing her Doctor of Philosophy at Oxford University, Professor Bant joined the University of Melbourne Law School in 2008 to take up an appointment as an Associate Professor, before her promotion to Professor in 2012. Professor Bant has finally returned home to ‘close the loop’ and restarted at UWA at the start of 2020.
The human cost of unchecked corporate and commercial misconduct and the need to find better legal mechanisms to deter and remedy wrongdoings, as exemplified in The Financial Services Royal Commission, has inspired Professor Bants’ ARC-funded projects on unconscionable conduct in commerce and the challenges of holding corporations responsible for that wrongdoing.
Professor Bant currently plays an integral role in the UWA research cluster, the Obligations Hub. As her research develops she will connect with the UWA Modern Slavery Research Cluster (MSRC), Government Regulation Hub, Centre for Social Impact and the UWA Public Policy Institute.
- Bachelor of Arts – Bachelor of Legislative Law (Honours) (BA LLB), The University of Western Australia
- Bachelor of Civil Law (BCL), University of Oxford
- Doctor of Philosophy (Law), University of Oxford
- Professorial Fellow, Melbourne Law School
- Fellow, Australian Academy of Law
- Member of the advisory panel to the Australian Law Reform Commission review of Corporate Criminal Liability, 2019-2020
- Editor, Journal of Equity
Future Fellowship to examine corporate liability for serious commercial misconduct (2020).
Publication of PhD thesis on Change of Position Defence with Hart Publishing, influential in the development of law in Australian and other Common Law jurisdictions (2009).
ARC-funded research projects with Professors Michael Bryan and Jeannie Paterson (2010-current).
Westpac’s scandal highlights a system failing
Australia’s anti money-laundering regulator has accused Westpac of breaching the law on 23 million occasions, points to members of corporate Australia behaving badly.Read more
Not fair? why judges have been accused of failing consumers
ACCC head Rod Sims is calling for new consumer protection laws following a series of controversial court cases.Read more
Fines that’ll hurt. ASIC’s powerful, if ill-fitting, teeth
At last, our corporate watchdog has a strong set of teeth with which to fight crime and serious misconduct in the financial sector.Read more
Understanding Hayne. Why less is more
When all is said and done, the complex patchwork of rules that regulate financial institutions can be boiled down to six simple requirements.Read more
I am constantly learning. The law is fascinating and challenging. And what I do matters. If I can make a small but real contribution to a better legal system, for the benefit of those subject to it, I will consider my professional life a success!Professor Elise Bant
Unravelling corporate fraud
Australian Research Council (ARC) Discovery Grant 180100932
- Grant for ‘Developing a rational law of misleading conduct’ with Professor Jeannie Paterson, Melbourne Law School, $271,467.
Australian Research Council (ARC) Future Fellowship
- Grant for ‘Unravelling Corporate Fraud: re-purposing ancient laws for modern times’, $919,150.
Australian Research Council (ARC) Discovery Grant DP140100767
- Grant for ‘Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution’ with Professor Jeannie Paterson, Melbourne Law School, $244,690.