Professor Kit Barker

Professor

School of Law
Faculty of Business, Economics and Law
k.barker@law.uq.edu.au
+61 7 334 67609

Overview

Kit Barker is a Professor of Private Law and joined the TC Beirne School of Law in 2006. He was educated in law at Exeter College, Oxford, where he obtained first class honours in jurisprudence (in 1988) and subsequently completed the BCL (with distinction) in 1991. He was admitted to the Middle Temple Inn of Court as a Harmsworth Scholar and to the Bar of England and Wales in 1990. He is interested in private law as a whole, but his particular research interests lie in the law of torts and unjust enrichment law and the law's doctrine, philosophical foundations and remedies. More recently, his work has explored the interface between private law and public law and public policy, with a focus on the negligence liability of government and legal (and extra-legal) responses to compensation in cases of grave historic injustice, including institutional sexual abuse. He is a former Associate Dean (Research) at the TC Beirne School of Law, regional editor for Australia of the Restitution Law Review and an assistant editor of the Torts Law Journal. He is co-author of three books to date - Unjust Enrichment (2nd ed, Sydney, Lexis Nexis, Butterworths, 2008 – 1st ed, 2008), The Law of Torts in Australia (5th ed, 2011, OUP) and Remedies: Commentary and Materials (Thomson, 2015). He is also editor and contributor to five essay collections: Private Law: Key Encounters with Public Law (Cambridge University Press, 2013), The Law of Misstatements (Hart Publishing, 2015); Private Law and Power (Hart Publishing, 2017) ; Private Law in the Twenty-First Century (Hart Publishing, 2017) and Apportionment in Private Law (Hart Publishing, 2018).

He is the current director of the Australian Centre of Private Law at the TC Beirne School of Law.

Research Interests

  • Contract (vitiating factors)
  • Defamation
  • Philosophical Foundations of the Common Law
  • Privacy Law
  • Private Law Remedies
  • Restitution and Unjust Enrichment
  • Torts

Qualifications

  • Master of Arts, Oxfon.
  • Bachelor of Arts, Oxfon.
  • Bachelor of Civil Law, Oxfon.

Publications

View all Publications

Supervision

  • Doctor Philosophy

  • Doctor Philosophy

View all Supervision

Available Projects

  • Potential topics available include:

    • Comparative approaches to unjust enrichment doctrine
    • Foundational theories of unjust enrichment
    • Restitution for Wrongdoing
    • Remedies for unjust enrichment

    For further information contact Prof Kit Barker, e: k.barker@law.uq.edu.au

  • Potential topics available include:

    • State liabilities for tortious wrongdoing – Australian and comparative perspectives
    • Development of actions for the invasion of privacy
    • Tort law, common law and legislative intervention- The Civil Liability Acts
    • Remedies for Defamation

    For further information contact Prof Kit Barker, e: k.barker@law.uq.edu.au

View all Available Projects

Publications

Featured Publications

Book

  • Apportionment in Private Law. Edited by Kit Barker and Ross Grantham Oxford, United Kingdom: Hart Publishing, 2018.

  • Private law and power. Edited by Kit Barker, Simone Degeling, Karen Fairweather and Ross Grantham Oxford, United Kingdom: Hart Publishing, 2017.

  • Barker, Kit and Grantham, Ross Unjust enrichment 2nd ed. Chatswood, NSW, Australia: LexisNexis Butterworths, 2017.

  • Private Law in the Twenty-First Century. Edited by Kit Barker, Karen Fairweather and Ross B. Grantham United Kingdom: Hart Publishing, 2016.

  • The Law of Misstatements: 50 Years on from Hedley Byrne v Heller 1st ed. Edited by Kit Barker, Ross B. Grantham and Warren Swain Oxford: Hart Publishing, 2015.

  • Private law: key encounters with public law. Edited by Kit Barker and Darryn Jensen Cambridge, UK: Cambridge University Press, 2013. doi:10.1017/CBO9781139856478

  • Barker, Kit, Cane, Peter, Lunney, Mark and Trindade, Francis The law of torts in Australia 5th ed. Melbourne, Australia: Oxford University Press, 2012.

  • Barker, Kit and Grantham, Ross Unjust enrichment. Sydney, NSW, Australia: LexisNexis Butterworths, 2008.

Book Chapter

  • Barker, Kit (2018). Apportionment in Private Law: Nothing, All, or Something in Between?. In Kit Barker and Ross Grantham (Ed.), Apportionment in Private Law (pp. 3-35) Oxford, United Kingdom : Hart Publishing.

  • Degeling, Simone and Barker, Kit (2017). Designing Reparation: Lessons from Private Law. In Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton (Ed.), New Directions for Law in Australia: Essays in Contemporary Law Reform (pp. 321-328) ACT, Canberra: ANU Press. doi:10.22459/NDLA.09.2017.29

  • Barker, Kit (2017). Private law as a complex system: agendas for the twenty-first century. In K Barker and K Fairweather and R Grantham (Ed.), Private law in the twenty-first century (pp. 3-28) Oxford, United Kingdom: Hart.

  • Barker, Kit (2017). Public power, discretion and the duty of care. In Kit Barker, Simone Degeling, Karen Fairweather and Ross B. Grantham (Ed.), Private law and power (pp. 207-237) Oxford, United Kingdom: Hart.

  • Barker, Kit (2017). The dynamics of private law and power. In Kit Barker, Simone Degeling, Karen Fairweather and Ross B. Grantham (Ed.), Private law and power (pp. 3-28) Oxford, United Kingdom: Hart.

  • Barker, Kit (2017). What Is a Contractual Defence (and Does It Matter)?. In Dyson, A., Goudkamp, J. and WilmotSmith, F. (Ed.), Defences in Contract (pp. 17-41) Portland, USA: Hart Publishing.

  • Barker, Kit (2015). Hedley Byrne v Heller: Issues for the Beginning of the Twenty First Century. In Kit Barker, Ross B. Grantham and Warren Swain (Ed.), The Law of Misstatements: 50 Years on from Hedley Byrne v Heller (pp. 3-26) Oxford, United Kingdom: Hart Publishing.

  • Barker, Kit (2015). Injunctions. In Kit Barker, Elise Bant, Simone Degeling and Normann Witzleb (Ed.), Remedies: commentary and materials 6th ed. (pp. 1021-1136) Pyrmont, NSW, Australia: Thomson Reuters.

  • Barker, Kit (2015). Negligent Misstatement in Australia - Resolving The Uncertain Legacy of Esanda. In Barker, Kit, Grantham, Ross and Swain, Warren (Ed.), The Law of Misstatements: 50 Years on from Hedley Byrne v Heller 1st ed. (pp. 319-344) Oxford, United Kingdom: Hart Publishing.

  • Barker, Kit (2015). Specific relief - general principles and specific performance. In Kit Barker, Elise Bant, Simone Degeling and Normann Witzleb (Ed.), Remedies: commentary and materials 6th ed. (pp. 909-1020) Pyrmont, NSW, Australia: Thomson Reuters.

  • Barker, Kit, Bant, Elise, Degeling, Simone and Witzleb, Normann (2015). The nature of remedies. In Kit Barker, Elise Bant, Simone Degeling and Normann Witzleb (Ed.), Remedies: commentary and materials 6th ed. (pp. 1-34) Pyrmont, NSW, Australia: Thomson Reuters.

  • Barker, Kit (2013). Private and public: the mixed concept of vindication in torts and private law. In Stephen G. A. Pitel, Jason W. Neyers and Erika Chamberlain (Ed.), Tort law: challenging orthodoxy (pp. 59-93) Oxford, United Kingdom: Hart Publishing.

  • Barker, Kit (2013). Private law: key encounters with public law. In Kit Barker and Darryn Jensen (Ed.), Private law: key encounters with public law (pp. 3-42) Cambridge, United Kingdom: Cambridge University Press. doi:10.1017/CBO9781139856478.003

  • Barker, Kit (2012). Damages. In Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade (Ed.), The law of torts in Australia 5th ed. (pp. 692-750) South Melbourne, VIC, Australia: Oxford University Press.

  • Barker, Kit (2012). Defamation and invasion of privacy. In Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade (Ed.), The Law of Torts in Australia 5th ed. (pp. 303-416) South Melbourne, VIC, Australia: Oxford University Press.

  • Barker, Kit (2012). Interference with pure economic interests. In Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade (Ed.), The Law of Torts in Australia 5th ed. (pp. 227-302) South Melbourne, VIC, Australia: Oxford University Press.

  • Barker, Kit (2012). Nuisance. In Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade (Ed.), The law of torts in Australia 5th ed. (pp. 183-227) South Melbourne, VIC, Australia: Oxford University Press.

  • Barker, Kit (2011). Multiple tortfeasors: Liability and contribution. In Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade (Ed.), The law of torts in Australia 5th ed. (pp. 793-814) South Melbourne, VIC, Australia: Oxford University Press.

  • Barker, Kit (2011). Relational economic loss - The search for rational limits. In Simone Degeling, James Edelman and James Goudcamp (Ed.), Torts in commercial law (pp. 163-194) Rozelle, N.S.W., Australia: Thomson Reuters.

  • Barker, Kit (2009). The nature of responsibility for gain: Gain, harm and keeping the lid on pandora's box. In R. Chambers, C. Mitchell and J. Penner (Ed.), The Philosophical Foundations of the Law of Unjust Enrichment (pp. 146-180) Oxford: Oxford University Press.

  • Barker, Kit (2008). Economic loss and the duty of care: A study in the exercise of legal justification. In C. Rickett (Ed.), Justifying private law remedies (pp. 173-201) Oxford, United Kingdom: Hart Publishing.

  • Barker, K. (2008). Responsibility for gain: Unjust factors or absence of legal ground? Starting points in unjust enrichment law. In Charles Rickett and Ross Grantham (Ed.), Structure and justification in private law : Essays for Peter Birks (pp. 47-74) Oxford, United Kingdom: Hart Publishing.

  • Barker, Christopher Douglas (2004). Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and Its Reasons. In Jason W. Neyers, Mitchell McInnes and Stephen G.A. Pitel (Ed.), Understanding Unjust Enrichment (pp. 79-110) Oxford: Hart Publishing.

  • Kit Barker and L. Smith (2000). Unjust Enrichment. In Hayton (Ed.), Law's Futures 1st ed. (pp. 411-432) Oxford: Hart Publishing.

  • Kit Barker (1998). O'Brien, Notice and the Onus of Proof. In Rose (Ed.), Restitution and Banking Law 1st ed. (pp. 78-88) Oxford: Clarendon Press.

Journal Article

Conference Publication

Grants (Administered at UQ)

PhD and MPhil Supervision

Current Supervision

  • Doctor Philosophy — Principal Advisor

  • Doctor Philosophy — Principal Advisor

    Other advisors:

Possible Research Projects

Note for students: The possible research projects listed on this page may not be comprehensive or up to date. Always feel free to contact the staff for more information, and also with your own research ideas.

  • Potential topics available include:

    • Comparative approaches to unjust enrichment doctrine
    • Foundational theories of unjust enrichment
    • Restitution for Wrongdoing
    • Remedies for unjust enrichment

    For further information contact Prof Kit Barker, e: k.barker@law.uq.edu.au

  • Potential topics available include:

    • State liabilities for tortious wrongdoing – Australian and comparative perspectives
    • Development of actions for the invasion of privacy
    • Tort law, common law and legislative intervention- The Civil Liability Acts
    • Remedies for Defamation

    For further information contact Prof Kit Barker, e: k.barker@law.uq.edu.au