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Observatoire des Actions de Groupe

Vince Morabito

Vince Morabito is a professor in the Department of Business Law and Taxation.

Vince has practised as a solicitor with Clayton Utz, one of Australia’s top  law firms. He has also taught in the law schools of Monash, Melbourne and Deakin universities. Vince has also been a Senior Fellow (Melbourne Law Masters) at Melbourne University’s law school.

His publications have dealt with class actions, access to justice, the regulation of commercial litigation funders, the Financial Ombudsman Service, the constitutional dimensions of taxation legislation and inconsistent Federal and state laws, compensation orders against offenders, national security law,  judicial accountability and independence, tax administration, public enforcement of securities laws, litigation costs, contingency fees, security for costs, public interest costs orders, statutes of limitations and ideological plaintiffs.

Vince has been Australia’s ‘national reporter’ at various international conferences. His research has been published in Australia, England, the United States, Canada, the Netherlands, New Zealand, Israel and Singapore.  His publications and research have been cited:

  1. by law reform commissions and similar entities in Australia, Canada, England, Scotland, Ireland, New Zealand, Hong Kong and South Africa;
  2. in more than 90 cases (in both appellate and first instance decisions), by Courts in Australia, Canada, Israel and New Zealand; and (in first instance decisions) by Courts in the United States and Singapore;
  3. by the International Bar Association; the American Bar Association; Hong Kong’s Legislative Council Secretariat; various committees of the Australian Federal Parliament; Ministers of the Federal, Victorian and Western Australian Governments; the Australian Government Productivity Commission; the Australian Securities and Investments Commission; the Federal Attorney-General’s Department; the Federal Treasury; and scholars and commentators from over 45 countries; and
  4. by the Australian Government in an Amicus Curiae brief it filed in the United States Supreme Court in relation to a class action filed in an American court against an Australian bank.

Vince has been a consultant to the UK Government Equalities Office, the Hong Kong Law Reform Commission, the Federal Court of Australia, the Australian Research Council, the Western Australian Government, the Law Reform Commission of Western Australia, and the Victorian Law Reform Commission; rapporteur for the UK Economic & Social Research Council; and a member of an advisory panel to the Australian Law Reform Commission with respect to its 2016-2018 reference on class actions and litigation funders. He has also been a member of the Federal Court of Australia’s Class Action Users Group since it was established in 2009.

A report on class actions co-authored by Vince in 1995, at the request of the Victorian Attorney-General’s Law Reform Advisory Council, subsequently resulted in the introduction of a new and comprehensive legal regime governing Victorian class actions to the Victorian Parliament.

In 2009 Vince was invited to appear before the Federal Attorney-General’s Department’s Access to Justice Taskforce to provide its members with his views on developing a strategic framework for access to justice. He was also the only academic to be invited by the Federal Treasury to take part in a roundtable organised to discuss a 2009 Full Federal Court’s decision to classify class actions as managed investment schemes and what regulatory action (if any) may be necessary to deal with its consequences.

Vince is frequent media commentator and has been interviewed on various legal issues by a number of well-respected Australian and international news outlets. In 2013 Vince was a member of a panel of academics that reviewed the rankings of business law and taxation journals by the Australian Business Deans Council.

In 2010 and 2020 Vince was the recipient of the Dean’s Award for Excellence in Research and the Dean’s Award for Research Impact, respectively. He has received research grants from several entities including the Australian Research Council, the Victoria Law Foundation and the Australasian Institute of Judicial Administration. Since 2007, Vince has been conducting the first empirical study of Australia’s class action regimes (see http://ssrn.com/author=617549).  

He is currently the Department’s ERA Director. Vince was also, on several occasions, the Department’s Deputy Head and HDR Director. For a total of five years, Vince was a co-Editor and then sole Editor of the Journal of Australian Taxation.

Actualités

Today (6 February, 2024), the French Senate discusses a Draft to reform the  Group action’s regime. It intends to implement the Representative actions Directive …

La nouvelle version du texte de la proposition de loi, proposée par la Commission des lois du Sénat sous l’impulsion du sénateur …

Law 5019/2023: Implementation of Directive (EU) 2020/1828 of the European Parliament and ofthe Council of 25 November 2020 ‘on representative actions for …

Law No 414/2023 on the conduct of representative actions for the protection of consumers’ collectiveinterests (of 19 December 2023) You can read …