Prof Bryan Horrigan - Researcher Profile

Biography

Professor Bryan Horrigan is the Dean of the Faculty of Law from 2013 onwards. He was formally the Louis Waller Chair of Law and Associate Dean (Research) at Monash University’s Faculty of Law in Melbourne, Australia.  He coordinates the Faculty’s Commercial Law Group.  He is also a long-standing law firm consultant in business and governmental areas of law and practice, with broad academic expertise and professional experience in public and corporate law and governance.

Professor Horrigan completed his undergraduate studies at the University of Queensland and holds a doctorate in law from Oxford University as a Rhodes Scholar. He has held academic and research leadership positions previously at a number of Australian universities, including Director of the National Centre for Corporate Law and Policy Research, Deputy Director of the National Institute for Governance, and Foundation Co-Director of the Centre for Comparative Law, History, and Governance.

His most recent book in the area of corporate responsibility and governance, Corporate Social Responsibility in the 21st Century: Debates, Models, and Practices Across Government, Law, and Business was published internationally by UK-based Edward Elgar Publishing in late 2010.  The book was commenced during his time as a Visiting Scholar at the Wharton Business School, and launched at Mannix College by Professor Marilyn Pittard.

Bryan is an experienced presenter and consultant in work for leading universities, law firms, businesses, and governmental bodies.  He was recently appointed by the Australian Government to an expert panel asked to investigate and report on possible reforms to statutory unconscionable conduct and identified behaviours in the franchising industry, and the Government’s acceptance of the panel’s recommendations has resulted in changes to the Competition and Consumer Act, ASIC Act and Franchising Code of Conduct.

 

A selection of Professor Horrigan's other publications may be viewed at:
http://ssrn.com/author=603202

 

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Research & Supervision Interests

Commercial Law

Comparative Corporate Governance

Corporations and Human Rights

Directors' Duties

Government Contracts

Judiciary

Legal and Moral Philosophy

Legal Education

Legal Profession and Practice

Legal Theory

Regulatory Theory

Trade Practices

 

Keywords

Business and human rights , Corporate commercial and business law, , Corporate governance and responsibility, Government liability, immunity and business activity , International and comparative ajudication , Legal theory, reasoning and adjudication , Scrutiny of Legislation

Qualifications

LAW (HONOURS)

Institution: UNIVERSITY OF QUEENSLAND

Year awarded: 1985

BACHELOR OF ARTS

Institution: The University of Queensland

Year awarded: 1983

DOCTOR OF PHILOSOPHY

Institution: University of Oxford

Year awarded: 1983

Publications

Books

Edwards, M., Halligan, J., Horrigan, B.T., Nicoll, G., 2012, Public Sector Governance in Australia, ANU ePress, ACT Australia. View Publication

Horrigan, B., 2010, Corporate Social Responsibility in the 21st Century: Debates, Models and Practices Across Government, Law and Business, Edward Elgar Publishing, Cheltenham, UK.

Horrigan, B., Lieberman, D., Steinwall, R., 2010, Strengthening Statutory Unconscionable Conduct and the Franchising Code of Conduct, The Treasury, Australian Government, Barton ACT Australia. View Publication

Horrigan, B.T., 2003, Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life, UNSW Press, Sydney NSW.

Book Chapters

Horrigan, B.T., 2009, 21st century legal and regulatory developments on corporate social responsibility and SMEs, in Corporate Social Responsibility in SMEs, eds Guler Aras, David Crowther and Stella Vettori, Social Responsibility Research Network, Leicester, UK, pp. 15-60.

Horrigan, B.T., 2006, Improving Legislative Scrutiny of Proposed Laws to Enhance Basic Rights, Parliamentary Democracy, and the Quality of Law-Making, in Protecting Rights Without a Bill of Rights: Institutional Performance and Reform in Australia, eds T. Campbell, J. Goldsworthy, and A. Stone, Ashgate, Aldershot UK, pp. 61-100.

Horrigan, B.T., 2005, Comparative Corporate Governance Developments and Key Ongoing Challenges from Anglo-American Perspectives, in Research Handbook on Corporate Legal Responsibility, eds S Tully, Edward Elgar Publishing, Cheltenham UK, pp. 20-53.

Horrigan, B.T., 2003, Governance, Liability, and Immunity of Government Business Enterprises and Their Boards, in From Bureaucracy to Business Enterprise, eds M Whincop, Ashgate Publishing Company, Aldershot UK, pp. 143-171.

Journal Articles

Horrigan, B.T., 2012, Commonalities, intersections, and challenges for the scrutiny and interpretation of legislation in Trans-Tasman jurisdictions and beyond, Australasian Parliamentary Review [P], vol 27, issue 2, Australasian Study of Parliament Group, Grose Vale NSW Australia, pp. 4-28.

Horrigan, B., 2012, Directors' duties and liabilities - where are we now and where are we going in the UK?, broader commonwealth, and internationally?, International Journal of Business and Social Science [P], vol 3, issue 2, Centre for Promoting Ideas, Radford USA, pp. 21-45. View Publication

Horrigan, B.T., 2012, Reforming rights-based scrutiny and interpretation of legislation, Alternative Law Journal [P], vol 37, issue 4, Legal Service Bulletin Co-Operative Ltd, Clayton Vic Australia, pp. 228-232.

Horrigan, B.T., 2012, The social responsibility of everyone: actions for pupils, professors, professionals and politicians, Monash University Law Review [P], vol 37, issue 3, Monash University, Clayton Vic Australia, pp. 155-175.

Horrigan, B.T., 2008, Judging, Justice, and Jurisprudence of a Judge of Appeal Remembered - A Judicial Journey Through the Legal Landscape of the 20th and 21st Centuries, Supreme Court History Program Yearbook [P], vol 2007, Queensland Supreme Court Library, Brisbane, Queensland, pp. 150-166.

Horrigan, B.T., 2007, 21st Century Corporate Social Responsibility Trends- An Emerging Comparative Body of Law and Regulation on Corporate Responsibility, Governance, and Sustainability, Macquarie Journal of Business Law [P], vol 2007, issue 4, Macquarie Lighthouse Press, NSW, pp. 85-122.

Horrigan, B.T., 2004, The Expansion of Fairness-Based Business Regulation - Unconscionability, Good Faith and the Law's Informed Conscience, Australian Business Law Review [P], vol 32, issue 1, Lawbook Co, Pyrmont NSW, pp. 159-192.

Horrigan, B.T., 2003, Australian Native Title Law, Policy, and Practice - A Report Card, Economic Papers: A Journal of Applied Economics and Policy [P], vol 22, issue 1, Economic Society of Australia, NSW, pp. 16-27.

Horrigan, B.T., 2002, Fault Lines in the Intersection Between Corporate Governance and Social Responsibility, The New law journal [P], vol 25, issue 2, University of New South Wales Law School, University of NSW, Australia, pp. 515-555.

Horrigan, B.T., 2002, Unconscionability Breaks New Ground - Avoiding and Litigating Unfair Client Conduct After the ACCC Test Cases and Financial Services Reforms, Deakin Law Review [P], vol 7, issue 1, Deakin University, Victoria Australia, pp. 73-96.

Other

Horrigan, B.T., Laryea, E.T., Spagnolo, L., 2012, "Reviewing Australia's contract law: A time for change?', Submission in response to Federal Attorney General Discussion Paper ' Improving Australia's Law and Justice Framework: A discussion paper to explore the scope for reforming Australian contract law, Australian Government, Attorney General's website - Submissions to the Review of Australian Contract Law. View Publication

Horrigan, B., 2011, Inquiry into the Future Role and Direction of the Senate Scrutiny Bills Committee - 7 April 2011, Monash University, Clayton Melb Australia, pp. 1-20.

Horrigan, B., 2011, Submission to the Senate Legal and Constitutional Affairs Commitee's Inquiry on the Australian Reform Commission - January 2011, Monash University, Melb, pp. 1-48.

Horrigan, B., 2011, Supplementary Submission: Inquiry into the Future Role and Direction of the Senate Scrutiny Bills Committee - 19 January 2012, Monash University, Clayton Vic Australia, pp. 1-20.

Horrigan, B., 2010, Human Rights (Parliamentary Scrutiny) Bill 2010 Human Rights (Parliamentary Scutiny) (Consequential Provisions) Bill 2010, Monash University, Clayton Vic Australia, pp. 1-26.

Horrigan, B., 2010, Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Senate Inquiry into Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010, Senate Legal and Constitutional Affairs Committee, Canberra, ACT, Australia.

Horrigan, B., 2010, The law's corporate citizenship challenges, The Australian Financial Review, Fairfax Publishing, Sydney, NSW, Australia.

Teaching Commitment

Comparative corporate governance LAW7344

Corporate social responsibility LAW4643

 

Grants

Title:

The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law.

Investigators:

Horrigan, B

Funding:

(2009 - 2013). Australian Research Council (ARC).

Postgraduate Research Supervisions

Current Supervision

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

A comparative study of the law concerning the ratification of director breaches by shareholders.

Supervisors:

Duns, J (Main), Horrigan, B (Associate).