Prof Vince Morabito - Researcher Profile

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Address

Department of Business Law and Taxation
Monash University, Caulfield

Contact Details

Tel: +61 3 990 31422

Email: Vince.Morabito@monash.edu


Biography

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 five law firms.  He has also taught in the law schools of Monash, Melbourne and Deakin universities.

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 Law Reform Commission of Western Australia, and the Victorian Law Reform Commission. He is also a member of the Federal Court of Australia's Victorian and NSW Class Action Users Groups.

A report on class actions co-authored by Vince in 1995, at the request of the Victorian Attorney-General's Law Reform Advisory Council, resulted in the introduction of 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 invited by the Federal Treasury to take part in a roundtable organised by to discuss the Full Federal Court's decision in Brookfield Multiplex Ltd v International Litigation Funding Pty Ltd (2009), 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 November 2010 he was a recipient of the Dean's Award for Excellence in Research. He has received research grants from several entities including the Australian Research Council, the Victoria Law Foundation and the Australasian Institute of Judicial Administration. He is currently conducting the first empirical study of Australia's class action regimes.

His research interests include class actions, access to justice, the regulation of commercial litigation funders the Financial Ombudsman Service, freedom of information and archives legislation, private enforcement of competition law, tax administration, constitutional law compensation orders against offenders, and  national security law and judicial accountability and independence.

Vince has been Australia’s “national reporter” at various international conferences and his publications have been relied upon by courts in Australia, Canada and the United States; law reform commissions in Australia, Canada, Scotland, South Africa, Hong Kong and New Zealand; the OECD; the International Bar Association and the American Bar Association; the Law Council of Australia; and scholars from over 25 countries.

Keywords

Class actions, access to justice, litigation funding, empirical studies, private enforcement

Qualifications

PHD
Institution: Monash University
Year awarded: 2002
MASTER OF LAWS
Institution: Monash University
Year awarded: 1995
BACHELOR OF LAWS
Institution: Monash University
Year awarded: 1989
BACHELOR OF ECONOMICS
Institution: Monash University
Year awarded: 1987

Publications

Books

Barkoczy, S.L., Morabito, V., 2003, 2003 Core Tax Legislation and Study Guide, CCH Australia Ltd, North Ryde NSW Australia.

Barkoczy, S., Nethercott, L.J., Morabito, V. (eds), 1999, 1999 Core Tax Legislation and Study Guide, CCH Australia Ltd, Sydney NSW Australia.

Barkoczy, S., Nethercott, L.J., Morabito, V. (eds), 1998, 1998 Core Tax Legislation and Study Guide, CCH Australia Ltd, Sydney NSW Australia.

Morabito, V., Epstein, J., 1998, Class Actions in Victoria - Time for a New Approach, Vic. Attorney-General Law Reform Advisory Council, www.law.unimelb.edu.au/aglrac.

Morabito, V., 1997, Class Actions in Victoria - Time for a New Approach, Attorney-Generals Law Reform Advisory Coucil, Melbourne Vic Australia.

Epstein, J., Morabito, V., 1997, Class Actions in Victoria: Time for a New Approach, Vict Attorney-General's Reform Advisory Council, Melbourne Vic Australia.

Book Chapters

Dellavedova, B., Morabito, V., Sweeney, B., 2010, Australia, in The International Handbook on Private Enforcement of Competition Law, eds Albert A Foer and Jonathan W Cuneo, Edward Elgar Publishing, Cheltenham UK, pp. 485-501.

Morabito, V., 2009, Revisiting Australia's first shareholder class action, in Investor Class Actions: The Proceedings of a Conference organised by the Federal Court of Australia, the Ross Parsons Centre of Commercial, Corporate and Taxation Law and the Business Law Section of the Law Council of Australia, eds K E Lindgren, Ross Parsons Centre of Commercial, Corporate and Taxation Law, Sydney NSW Australia, pp. 34-58.

Devos, K., Morabito, V., 1999, BTX2191, in BTX2191 Taxation for International Trade Subject Outline, Monash University, Clayton Vic Australia, pp. 1-21.

Morabito, V., 1998, Capital Gains Tax - General Topics, in 1999 Australian Taxation Law, CCH Australia Ltd, North Ryde NSW, pp. 569-678.

Morabito, V., Reinhardt, G., 1998, Production and inspection of documents, in The Laws of Australia, The Law Book Company Ltd, Sdyney NSW, pp. 77-99.

Journal Articles

Morabito, V., 2012, Clashing classes down under - Evaluating Australia's competing class actions through empirical and comparative perspectives, Connecticut Journal of International Law [P], vol 27, issue 2, University of Connecticut School of Law, Hartford CT USA, pp. 245-318.

Waye, V., Morabito, V., 2012, Collective forms of consumer redress: Financial ombudsman service case study, Journal of Corporate Law Studies [P], vol 12, issue 1, Hart Publishing Ltd, Oxford UK, pp. 1-31.

Caruana, J.C., Morabito, V., 2012, Turning the spotlight on class representatives - Empirical insights from down under, Windsor Yearbook of Access to Justice [P], vol 30, issue 2, University of Windsor Faculty of Law, Windson Ontario Canada, pp. 1-37.

Caruana, J., Morabito, V., 2011, Australian unions - The unknown class action protagonists, Civil Justice Quarterly [P], vol 30, issue 4, Sweet & Maxwell Ltd., London UK, pp. 382-410.

Morabito, V., 2011, Opt in or opt out? A class dilemma for New Zealand, New Zealand Universities Law Review [P], vol 24, issue 3, Brookers Ltd, New Zealand, pp. 421-447.

Morabito, V., Waye, V., 2011, Reining in litigation entrepreneurs: A New Zealand proposal, New Zealand Law Review [P], vol 2011, issue 2, Legal Research Foundation, Auckland New Zealand, pp. 323-362.

Morabito, V., 2009, Australia, Annals of the American Academy of Political and Social Science [P], vol 622, issue 1, Sage Publications, Inc., USA, pp. 320-327.

Morabito, V., 2009, The Victorian Law Reform Commission's class action reform strategy, University of New South Wales Law Journal [P], vol 32, issue 3, Faculty of Law, University of New South Wales, Sydney NSW Australia, pp. 1055-1072.

Waye, V., Morabito, V., 2009, The dawning of the age of the litigation entrepreneur, Civil Justice Quarterly [P], vol 28, issue 3, Sweet and Maxwell Ltd, UK, pp. 389-433.

Morabito, V., 2007, Class actions instituted only for the benefit of the clients of the class representative's solicitors, Sydney Law Review, vol 29, issue 1, Lawbook Co, Rozelle NSW Australia, pp. 5-42.

Morabito, V., 2006, An Australian perspective on class action settlements, The Modern Law Review, vol 69, issue 3, Blackwell Publishing Ltd, UK, pp. 347-382.

Morabito, V., 2006, Judicial responses to class action settlements that provide no benefits to some class members, Monash University Law Review, vol 32, issue 1, Monash University, Faculty of Law, Clayton Vic Australia, pp. 75-115.

Morabito, V., 2005, Class actions in the Federal Court of Australia - the story so far, The Canterbury Law Review, vol 10, issue 2004, The Canterbury Law Review Trust Board, University of Canterbury, Christchurch New Zealand, pp. 229-258.

Morabito, V., 2005, Contingency fee agreements with represented persons in class actions an undesirable Australian phenomenon, Common Law World Review, vol 34, issue 3, Vathek Publishing, Isle of Man United Kingdom, pp. 201-228.

Morabito, V., 2005, Statutory limitation periods and the traditional representative action procedure, Oxford University Commonwealth Law Journal, vol 5, issue 1, Hart Publishing Ltd, UK, pp. 113-139.

Morabito, V., 2004, Defendant class actions and the right to opt out: lessons for Canada from the United States, Duke Journal of Comparative & International Law, vol 14, issue 2, Duke University, Durham USA, pp. 197-248.

Morabito, V., 2004, The federal court of Australia's power to terminate properly instituted class actions, Osgoode Hall Law Journal, vol 42, issue 3, Osgoode Hall Law School of York University, Toronto Canada, pp. 473-513.

Morabito, V., 2003, Judicial supervision of individual settlements with class members in Australia, Canada, and the United States, Texas International Law Journal, vol 38, issue 4, University of Texas, School of Law, Texas USA, pp. 663-727.

Morabito, V., 2003, Standing to sue and multiple defendant class actions in Australia, Canada, and the United States, Alberta Law Review, vol 41, issue 2, Progressive Conservative Association of Alberta, Edmonton Canada, pp. 295-333.

Morabito, V., 2002, Class actions against multiple respondents, Federal Law Review, vol 30, issue 2, Australian National University, Canberra ACT Australia, pp. 295-334.

Morabito, V., 2001, Ideological Plaintiffs and Class Actions - an Australian Perspective, University of British Colombia Law Review, vol 34, issue 2, U.B.C. Law Review Society, Vancouver Canada, pp. 459-514.

Morabito, V., 2001, Security for Costs and Class Actions in the Federal Court of Australia, Civil Justice Quarterly, vol 20, Sweet & Maxwell, London England, pp. 225-257.

Morabito, V., 2000, Compensation orders against offenders - an Australian perspective, Singapore Journal of International and Comparative Law, vol 4, National University of Singapore, Singapore, pp. 59-114.

Morabito, V., 2000, Dinning v Federal Commissioner of Taxation - The Dawn of a New Era in Tax Litigation in Australia?, The Canterbury Law Review, vol 7 issue 3, University of Canterbury, Christchurch New Zealand, pp. 487-506.

Morabito, V., 2000, Will the New Millenium Breathe New Life into Section 252(1)(j) of the Income Tax Assessment Act 1936 (Cth)?, Company and Securities Law Journal, vol 18 issue 4, LBC Information Services, Rozelle NSW, pp. 248-261.

Morabito, V., 1999, Contingency Fees in Federal Class Actions, Law Institute Journal, vol 73 no 12, Law Institute of Victoria, Melbourne Vic Australia, pp. 86-89.

Barkoczy, S., Morabito, V., 1999, Restricting the Judicial Review of Income Tax Assessments: The Scope and Purpose of Schedule 1(e) of the Administrative Decisions (Judicial Review) Act 1977(Cth), The Sydney Law Review, vol 21 number 1, Sydney Law School and The Law Book Company Ltd, Sydney NSW Australia, pp. 36-79.

Morabito, V., 1999, Tax or Penalty? The Latest Sequel, Journal of Australian Taxation, vol 2 issue 6, CCH Australia Ltd, Sydney NSW Australia, pp. 391-400.

Morabito, V., 1999, Why the Superannuation Guarantee Scheme is Constitutional, Australian Tax Review, vol 28 no 2, LBC Information Services, Sydney NSW Australia, pp. 81-94.

Morabito, V., 1998, The constitutional restriciton on taxes imposed on crown property, Journal of Australian Taxation, vol 1 issue 1, CCH Australia Ltd, Sydney NSW Australia, pp. 41-56.

Morabito, V., 1997, Are the Commissioner of Taxation's Recovery Powers Fettered by State Moratorium and Limitation of Actions Legislation?, Australian Business Law Review, vol 25, LBC Information Services, Sydney NSW Australia, pp. 236-245.

Barkoczy, S., Morabito, V., 1997, Are the Commissioner of Taxation's Recovery Powers Fettered by State Moratorium and Limitation of Actions Legislation?, Australian Business Law Review, vol 25, LBC Information Services, North Ryde, pp. 236-245.

Morabito, V., 1997, Commonwealth Taxes, State Governments and the Doctrine of Intergovernmental Immunity, Australian Tax Review, vol 26, LBC Information Services, Sydney NSW Australia, pp. 182-195.

Morabito, V., 1997, Recoupment of Deductible Expenditure, CCH Tax Week, vol n/a, CCH Australia Ltd, Sydney NSW Australia, pp. 357-361.

Morabito, V., 1997, State Licence Fees, The Constitution and the High Court, Law Institute Journal, vol 71, Law Institute of Victoria, Melbourne Vic Australia, pp. 60-61.

Morabito, V., 1997, State Taxes and Commonwealth Places, CCH Tax Week, vol n/a, CCH Australia Ltd, Sydney NSW Australia, pp. 458-462.

Morabito, V., 1997, Taxpayers and Class Actions, University of New South Wales Law Journal, vol 20, University of New South Wales, Sydney NSW Australia, pp. 372-406.

Morabito, V., 1997, The Nature of an Assessment in the Light of Stokes' Case, CCH Tax Week, vol n/a, CCH Australia Ltd, Sydney NSW Australia, pp. 261-264.

Postgraduate Research Supervisions

Current Supervision

Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
A comparative analysis of the underlying policy drivers, design features and design issues of Australian capital gains tax measures against those adopted in some other Commonwealth countries.
Supervisors:
Morabito, V (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
A model for a state income tax in Australia.
Supervisors:
Krever, R (Main), Morabito, V (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Tangles of fiscal & tax sovereignty, and messages for tax policy from the crisis: the EU and the internal market.
Supervisors:
Krever, R (Main), Morabito, V (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Tax discrimination in international commerce: should bilateral tax Treaties respond to the pressure of global trade.
Supervisors:
Krever, R (Main), Morabito, V (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
The role of the concept of a business purpose as the basis for applying a legislative general anti-avoidance tax rule in Australia by reference to a comparative analysis of the experience of other Anglo jurisdictions.
Supervisors:
Krever, R (Main), Morabito, V (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
The taxation of small business in developing countries.
Supervisors:
Krever, R (Main), Morabito, V (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
What do we owe future generations?.
Supervisors:
Krever, R (Main), Morabito, V (Associate).