Bryan Horrigan | Monash University (original) (raw)

Bryan Horrigan

Professor Bryan Horrigan is the Dean of the Faculty of Law at Monash University in Australia. He has academic expertise and practical experience in a range of areas of public and corporate law and governance from Australian and transnational perspectives, including transnationalisation of judicial decision-making, corporate social responsibility, business and human rights, company directors' legal obligations in managing climate change, public sector governance and liability, scrutiny of legislation, and unconscionable and bad faith business conduct. His career roles include being a lawyer then consultant in an international commercial law firm, a law professor and published author, a research centre director and academic manager, a regulator, and a mentor for young lawyers. He completed a DPhil in law at Oxford University under a Rhodes Scholarship.

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Papers by Bryan Horrigan

Research paper thumbnail of Designing and Implementing an Enhanced Clinical Program in the Age of Disruption. Part Two: Clinical Activities

International Journal of Clinical Legal Education, Dec 20, 2019

Research paper thumbnail of Current Issues in Public Sector Governance

Research paper thumbnail of Amadio's Case

Oxford University Press, 2001

Research paper thumbnail of Sensitizing Boardroom Obligations to Corporate Social Responsibility

Corporate Social Responsibility in the 21st Century

Research paper thumbnail of Part 3 Corporate Social Responsibility's Applications and Futures

Corporate Social Responsibility in the 21st Century

Research paper thumbnail of Governance, liability, and immunity of government business enterprises and their boards

Research paper thumbnail of Commercialisation and Privatisation 'Emerging Hazards for Government and Industry Partners

Research paper thumbnail of Submission in Response to Federal Attorney-General’s Department in discussion paper ‘Improving Australia’s Law and Justice Framework: A discussion paper to explore the scope for reforming Australian contract law’

Research paper thumbnail of Judging, justice, and jurisprudence of a judge of appeal remembered : a judicial journey through the legal landscape of the 20th and 21st centuries

Research paper thumbnail of Part 1 Corporate Social Responsibility'Ês Contemporary Controversies and Architecture

Research paper thumbnail of Native title in commercial practice - a question of human rights or risk management?

Research paper thumbnail of Part 2 Corporate Social Responsibility'Ês Regulatory Maps and Options

Research paper thumbnail of Improving legislative scrutiny of proposed laws to enhance basic rights, parliamentary democracy, and the quality of law-making

Chapter 3 Improving Legislative Scrutiny of Proposed Laws to Enhance Basic Rights, Parliamentary ... more Chapter 3 Improving Legislative Scrutiny of Proposed Laws to Enhance Basic Rights, Parliamentary Democracy, and the Quality of Law-Making Bryan Horrigan Overview This chapter covers Parliamentary scrutiny of proposed laws to assess their potential implications for basic rights, the ...

Research paper thumbnail of Unconscionability breaks new ground: avoiding and litigating unfair client conduct after the ACCC test cases and financial services reforms

Deakin Law Review, 2002

New developments in unconscionability, good faith and statutory reform of trade practices and fin... more New developments in unconscionability, good faith and statutory reform of trade practices and financial services regulation make it easier to hold banks and other corporations in the private and public sectors accountable in general and to overturn or rewrite contracts in particular - commercial parties are being required to take account of the interests of others to a greater degree - many more commercial transactions must be looked at in a new light to avoid legal liability.24 page(s

Research paper thumbnail of The roles of lawyers in steering corporate governance and responsibility towards addressing social injustice and inequality

Research paper thumbnail of Bush Needs Alito to Help Him Home

Research paper thumbnail of Corporate Social Responsibility’s Contemporary Global Context

Research paper thumbnail of How Do Executive Boards for Public Sector Agencies Differ from Corporate Boards

Research paper thumbnail of The Expansion of fairness-based business regulation - unconscionability, good faith, and the law's informed conscience

What are the major unresolved questions in unconscionability regulation and practice, who is affe... more What are the major unresolved questions in unconscionability regulation and practice, who is affected, and what are the directions in which courts, regulators and litigants might go? This article addresses those key questions. Fairness-based business regulation now extends beyond the conventional reach of equity and the common law. One of its newest forms is manifested in unconscionability’s extension into laws governing trade practices, fair trading, financial services, corporations and commercial tenancies. That extension has connections with good faith too. Business and corporate conduct and mindsets must adapt accordingly, as must the analysis of legal advisers. While concepts like unconscionability and good faith are often more open-textured than other legal concepts, they have boundaries and legal advice must increasingly become more sophisticated in analysing and applying them to commercial actions. Debate still rages about which of the various meanings of unconscionability and unconscientiousness across multiple areas of law are picked up by statutory and judge-made law. ACCC litigation continues to test the boundaries of unconscionability laws, and ASIC has an important jurisdiction here too. Redefining those boundaries requires a mixture of doctrinal and jurisprudential analysis by judges and lawyers. This article maps some starting points and lines of argument for future advice and litigation on unconscionability.34 page(s

Research paper thumbnail of Supplementary submission: inquiry into the future direction and role of the Scrutiny of Bills Committee

Research paper thumbnail of Designing and Implementing an Enhanced Clinical Program in the Age of Disruption. Part Two: Clinical Activities

International Journal of Clinical Legal Education, Dec 20, 2019

Research paper thumbnail of Current Issues in Public Sector Governance

Research paper thumbnail of Amadio's Case

Oxford University Press, 2001

Research paper thumbnail of Sensitizing Boardroom Obligations to Corporate Social Responsibility

Corporate Social Responsibility in the 21st Century

Research paper thumbnail of Part 3 Corporate Social Responsibility's Applications and Futures

Corporate Social Responsibility in the 21st Century

Research paper thumbnail of Governance, liability, and immunity of government business enterprises and their boards

Research paper thumbnail of Commercialisation and Privatisation 'Emerging Hazards for Government and Industry Partners

Research paper thumbnail of Submission in Response to Federal Attorney-General’s Department in discussion paper ‘Improving Australia’s Law and Justice Framework: A discussion paper to explore the scope for reforming Australian contract law’

Research paper thumbnail of Judging, justice, and jurisprudence of a judge of appeal remembered : a judicial journey through the legal landscape of the 20th and 21st centuries

Research paper thumbnail of Part 1 Corporate Social Responsibility'Ês Contemporary Controversies and Architecture

Research paper thumbnail of Native title in commercial practice - a question of human rights or risk management?

Research paper thumbnail of Part 2 Corporate Social Responsibility'Ês Regulatory Maps and Options

Research paper thumbnail of Improving legislative scrutiny of proposed laws to enhance basic rights, parliamentary democracy, and the quality of law-making

Chapter 3 Improving Legislative Scrutiny of Proposed Laws to Enhance Basic Rights, Parliamentary ... more Chapter 3 Improving Legislative Scrutiny of Proposed Laws to Enhance Basic Rights, Parliamentary Democracy, and the Quality of Law-Making Bryan Horrigan Overview This chapter covers Parliamentary scrutiny of proposed laws to assess their potential implications for basic rights, the ...

Research paper thumbnail of Unconscionability breaks new ground: avoiding and litigating unfair client conduct after the ACCC test cases and financial services reforms

Deakin Law Review, 2002

New developments in unconscionability, good faith and statutory reform of trade practices and fin... more New developments in unconscionability, good faith and statutory reform of trade practices and financial services regulation make it easier to hold banks and other corporations in the private and public sectors accountable in general and to overturn or rewrite contracts in particular - commercial parties are being required to take account of the interests of others to a greater degree - many more commercial transactions must be looked at in a new light to avoid legal liability.24 page(s

Research paper thumbnail of The roles of lawyers in steering corporate governance and responsibility towards addressing social injustice and inequality

Research paper thumbnail of Bush Needs Alito to Help Him Home

Research paper thumbnail of Corporate Social Responsibility’s Contemporary Global Context

Research paper thumbnail of How Do Executive Boards for Public Sector Agencies Differ from Corporate Boards

Research paper thumbnail of The Expansion of fairness-based business regulation - unconscionability, good faith, and the law's informed conscience

What are the major unresolved questions in unconscionability regulation and practice, who is affe... more What are the major unresolved questions in unconscionability regulation and practice, who is affected, and what are the directions in which courts, regulators and litigants might go? This article addresses those key questions. Fairness-based business regulation now extends beyond the conventional reach of equity and the common law. One of its newest forms is manifested in unconscionability’s extension into laws governing trade practices, fair trading, financial services, corporations and commercial tenancies. That extension has connections with good faith too. Business and corporate conduct and mindsets must adapt accordingly, as must the analysis of legal advisers. While concepts like unconscionability and good faith are often more open-textured than other legal concepts, they have boundaries and legal advice must increasingly become more sophisticated in analysing and applying them to commercial actions. Debate still rages about which of the various meanings of unconscionability and unconscientiousness across multiple areas of law are picked up by statutory and judge-made law. ACCC litigation continues to test the boundaries of unconscionability laws, and ASIC has an important jurisdiction here too. Redefining those boundaries requires a mixture of doctrinal and jurisprudential analysis by judges and lawyers. This article maps some starting points and lines of argument for future advice and litigation on unconscionability.34 page(s

Research paper thumbnail of Supplementary submission: inquiry into the future direction and role of the Scrutiny of Bills Committee

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