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

  • Public Authority Liability in Tort
  • Philosophical Foundations of the Common Law
  • Defamation and Privacy
  • 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

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

  • Normann Witzleb, Elise Bant, Simone Degeling and Kit Barker (2020). Remedies: commentary and materials. 7th ed. Sydney: Thomson Reuters.

  • Elise Bant, Kit Barker and Simone Degeling ed. (2020). Research Handbook on Unjust Enrichment and Restitution. Research Handbooks in Private and Commercial Law series,Cheltenham, United Kingdom: Edward Elgar.

  • Kit Barker and Ross Grantham ed. (2018). Apportionment in Private Law. Oxford, United Kingdom: Hart Publishing.

  • Kit Barker, Simone Degeling, Karen Fairweather and Ross Grantham ed. (2017). Private law and power. Hart Studies in Private Law,Oxford, United Kingdom: Hart Publishing.

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

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

  • Kit Barker, Ross B. Grantham and Warren Swain ed. (2015). The Law of Misstatements: 50 Years on from Hedley Byrne v Heller. 1st ed. Hart studies in private law,Oxford: Hart Publishing.

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

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

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

Book Chapter

  • Bant, Elise , Barker, Kit and Degeling, Simone (2020). The evolution of unjust enrichment law: theory and practice. Research handbook on unjust enrichment and restitution. (pp. 1-26) edited by Elise Bant, Kit Barker and Simone Degeling.Cheltenham, United Kingdom: Edward Elgar.

  • Barker, Kit (2019). Form and substance: three observations on the state of debate. Form and substance in the law of obligations. (pp. 433-443) edited by Andrew Robertson and James Goudkamp.Oxford, United Kingdom: Hart Publishing.

  • Barker, Kit (2018). Apportionment in private law: Nothing, all, or something in between?. Apportionment in Private Law. (pp. 3-35) edited by Kit Barker and Ross Grantham.Oxford, United Kingdom: Hart Publishing.

  • Degeling, Simone and Barker, Kit (2017). Designing Reparation: Lessons from Private Law. New Directions for Law in Australia: Essays in Contemporary Law Reform. (pp. 321-328) edited by Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton.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. Private law in the twenty-first century. (pp. 3-28) edited by K Barker and K Fairweather and R Grantham.Oxford, United Kingdom: Hart.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Barker, Kit (2011). Relational economic loss - The search for rational limits. Torts in commercial law. (pp. 163-194) edited by Simone Degeling, James Edelman and James Goudcamp.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. The Philosophical Foundations of the Law of Unjust Enrichment. (pp. 146-180) edited by R. Chambers, C. Mitchell and J. Penner.Oxford: Oxford University Press. doi:10.1093/acprof:oso/9780199567751.003.0006

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

  • Barker, K. (2008). Responsibility for gain: Unjust factors or absence of legal ground? Starting points in unjust enrichment law. Structure and justification in private law : Essays for Peter Birks. (pp. 47-74) edited by Charles Rickett and Ross Grantham.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. Understanding Unjust Enrichment. (pp. 79-110) edited by Jason W. Neyers, Mitchell McInnes and Stephen G.A. Pitel.Oxford: Hart Publishing.

  • Kit Barker and L. Smith (2000). Unjust Enrichment. Law's Futures. (pp. 411-432) edited by Hayton.Oxford: Hart Publishing.

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

Journal Article

Conference Publication

Grants (Administered at UQ)

PhD and MPhil Supervision

Current Supervision

  • Doctor Philosophy — Principal Advisor

Completed Supervision

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