Mr Michael Duffy - Researcher Profile

Michael Duffy

Address

Department of Business Law and Taxation
Monash University, Caulfield

Contact Details

Tel: +61 3 990 32456

Email: Michael.Duffy@monash.edu


Biography

Michael Duffy is a lecturer in the Department of Business Law and Taxation.

Michael is a barrister and solicitor of the Supreme Court of Victoria.

Before joining Monash, he was a senior associate at two well-known law firms, and a senior lawyer with the Australian Securities and Investments Commission. In private practice Michael was a commercial litigator and worked on Australia's first shareholder class action (King v GIO). At ASIC he worked on a variety of enforcement matters including continuous disclosure, insider trading, managed investment schemes and financial services.

Michael has made submissions on law reform in the areas of shareholder claims against insolvent companies, corporate disclosure and the financial reporting framework, and proportionate liability reforms. He was recently a member of a working party on offers of compromise organised by the Department of Justice. He has also consulted to the private sector in relation to managed investment schemes and the structure of representative proceedings.

Michael currently teaches corporations law and corporate crime, and has taught, commercial and marketing (competition) law at graduate and undergraduate levels.

His research supervision interests include shareholder remedies, civil procedure, securities non-disclosure, companies, insider trading, ASIC law and managed investments.

Keywords

Shareholder remedies, securities non disclosure, ASIC, Companies, insider trading

Qualifications

MASTER OF LAWS
Institution: University of Melbourne
Year awarded: 2004
LAWS
Institution: University of Melbourne
Year awarded: 1989
COMMERCE
Institution: University of Melbourne
Year awarded: 1988

Publications

Journal Articles

Duffy, M., 2012, Barely managing? Troubles with agricultural managed investment schemes, Australian Journal of Corporate Law [P], vol 27, issue 1, LexisNexis Butterworths, Chatswood NSW Australia, pp. 91-111.

Duffy, M., 2012, Testing good securities disclosure: Tales of the reasonable investor, Monash University Law Review [P], vol 38, issue 2, Monash University School of Law, Clayton Vic Australia, pp. 25-54.

Duffy, M., 2011, Competing contracts?, Law Institute Journal [P], vol 85, issue 12, Law Institute of Victoria, Melbourne Vic Australia, pp. 51-53.

Duffy, M., 2011, Developments in United States securities class actions: The status of 'fraud on the market' causation and implications for Australia, Common Law World Review [P], vol 40, issue 4, Vathek Publishing, United Kingdom, pp. 345-377.

Duffy, M., 2011, Protection of companies from shareholder class actions through constitutional amendment: Is this possible or desirable?, Bond Law Review [P], vol 23, issue 1, Bond University, Gold Coast Qld Australia, pp. 69-87.

Duffy, M., 2011, The agency that knew too much? Use of privileged, confidential and inadmissible information by regulators and law enforcement agencies with civil, administrative and criminal powers, Australian Journal of Administrative Law [P], vol 18, issue 4, Lawbook Co., Rozelle NSW Australia, pp. 215-228.

Duffy, M., 2010, Disclosure by defendants of their insurance details: Elephant in the court-room for tort and other claims?, Torts Law Journal [P], vol 18, issue 3, LexisNexis Butterworths, Chatswood NSW Australia, pp. 257-286.

Duffy, M., 2009, Class representation: Choosing the best lawyer for the case, Law Institute Journal [P], vol 83, issue 5, Law Institute of Victoria, Melbourne Vic Australia, pp. 31-33.

Duffy, M., 2009, Insider trading: Addressing the continuing problems of proof, Australian Journal of Corporate Law [P], vol 23, issue 2, LexisNexis Butterworths, Australia, pp. 149-177.

Duffy, M., 2009, Investor loss from securities non-disclosure: A statutory presumption of causation on the Canadian model?, University of New South Wales Law Journal [P], vol 32, issue 3, Faculty of Law, University of New South Wales, Sydney NSW Australia, pp. 965-987.

Duffy, M., 2008, A classy offer, Law Institute Journal, vol 82, issue 03, Law Institute of Victoria, Melbourne Vic Australia, pp. 52-55.

Duffy, M., 2008, After Sons of Gwalia - Some perspectives on the position of shareholders and creditors and the question of law reform, Australian Journal of Corporate Law, vol 22, issue 2, LexisNexis Butterworths, Chatswood NSW Asutralia, pp. 161-187.

Duffy, M., 2008, 'Overall impression' and other Section 52 insights - An aid to PDS disclosure or a paradise for the wisdom of hindsight?, Compliance and Regulatory Journal, vol 5, Australasian Compliance Institute, Sydney NSW Australia, pp. 39-45.

Duffy, M., 2008, Shareholders agreements and shareholders' remedies: Contract versus statute?, Bond Law Review, vol 20, issue 2, Bond University, Faculty of Law, Gold Coast Qld Australia, pp. 1-27.

Duffy, M., 2005, 'Fraud on the market': Judicial approaches to causation and loss from securities nondisclosure in the United States, Canada and Australia, Melbourne University Law Review, vol 29, issue 3, Melbourne University Law Review Association Inc, University of Melbourne Vic Australia, pp. 621-664.

Duffy, M., 2004, Procedural dilemmas for contemporary shareholder remedies - Derivative action or class action?, Company and Securities Law Journal, vol 22, Lawbook Co, Rozelle NSW Australia, pp. 46-68.

Duffy, M., 2003, Proportionate liability: A disproportionate and problematic reform, Plaintiff: Journal of the Australian Plaintiff Lawyers Association, vol 60, Australian Plaintiff Lawyers Association, Sydney NSW Australia, pp. 8-17.

Duffy, M., 2002, Shareholder democracy or shareholder plutocracy? Corporate governance and the plight of small shareholders, University of New South Wales Law Journal, vol 25, issue 2, University of New South Wales, Law Faculty, Sydney NSW Australia, pp. 434-461.