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Professor Kit Barker
Professor

Kit Barker

Email: 
Phone: 
+61 7 334 69776

Overview

Background

Kit Barker joined the TC Beirne School of Law in 2006. He was educated at Exeter College, Oxford, where he graduated with first class honours (in 1988) and subsequently completed the BCL (with distinction) in 1991. He was admitted to the Middle Temple Inn of Court as a Harmsworth Scholar and to the Bar of England and Wales in 1990. He is interested in private law as a whole, but specialises in the law of torts and unjust enrichment law and the law's doctrine, philosophical foundations and remedies. More recently, his work has explored the interface between private law and public law and public policy, with a focus on the tortious liability of government, misfeasance in public office and the use of private enforcement techniques in public law. He is a former Associate Dean (Research) at the TC Beirne School of Law and an assistant editor of the Torts Law Journal. He is co-author of three books - Unjust Enrichment (3rd ed, Sydney, Lexis Nexis, Butterworths, 2024, 1st ed, 2008), The Law of Torts in Australia (5th ed, 2011, OUP) and Remedies: Commentary and Materials (Thomson, 2015). He is also an editor and contributor to six essay collections: Life and Death in Private Law (Oxford, Hart Publishing, 2024), Private Law: Key Encounters with Public Law (Cambridge University Press, 2013), The Law of Misstatements (Hart Publishing, 2015); Private Law and Power (Hart Publishing, 2017) ; Private Law in the Twenty-First Century (Hart Publishing, 2017); Apportionment in Private Law (Hart Publishing, 2018) and the Research Handbook on Unjust Enrichment and Restitution (Edward Elgar, 2020).

He is a fellow of the Australian Academy of Law and current director of the Australian Centre of Private Law at the TC Beirne School of Law.

Availability

Professor Kit Barker is:
Available for supervision

Qualifications

  • Bachelor of Arts, University of Oxford
  • Masters (Coursework), University of Oxford
  • Masters (Coursework) of Law, University of Oxford

Research interests

  • State Liability in Tort

    Civil liability of the state for for the tort of misfeasance in public office, false imprisonment and negligence in the execution of its public functions.

  • Philosophical Foundations of the Common Law

  • Defamation and Privacy

  • Private Law Remedies

  • Restitution and Unjust Enrichment

    The law and philosophical underpinnings of civil remedies for unjust enrichment.

  • Torts

Works

Search Professor Kit Barker’s works on UQ eSpace

114 works between 1993 and 2024

61 - 80 of 114 works

2015

Book Chapter

Specific relief - general principles and specific performance

Barker, Kit (2015). Specific relief - general principles and specific performance. Remedies: commentary and materials. (pp. 909-1020) edited by Kit Barker, Elise Bant, Simone Degeling and Normann Witzleb. Pyrmont, NSW, Australia: Thomson Reuters.

Specific relief - general principles and specific performance

2014

Journal Article

Damages without loss: can Hohfeld help?

Barker, Kit (2014). Damages without loss: can Hohfeld help?. Oxford Journal of Legal Studies, 34 (4), 631-658. doi: 10.1093/ojls/gqu012

Damages without loss: can Hohfeld help?

2014

Conference Publication

Grave Historical Injustice: The Role of the Common Law

Barker, Kit and Simone Degeling (2014). Grave Historical Injustice: The Role of the Common Law. Obligations VII, Hong Kong, 15th-18th July.

Grave Historical Injustice: The Role of the Common Law

2014

Conference Publication

Drifting Towards Proportionate Liability - Ethics and Pragmatics

Barker, Kit and Jenny Steele (2014). Drifting Towards Proportionate Liability - Ethics and Pragmatics. Obligations VII, Hong Kong, 15th-18th July.

Drifting Towards Proportionate Liability - Ethics and Pragmatics

2014

Journal Article

Restitution Regional Digest - Australia 2014

Barker, Kit (2014). Restitution Regional Digest - Australia 2014. Restitution Law Review, 22, 128-154.

Restitution Regional Digest - Australia 2014

2013

Book Chapter

Private and public: the mixed concept of vindication in torts and private law

Barker, Kit (2013). Private and public: the mixed concept of vindication in torts and private law. Tort law: challenging orthodoxy. (pp. 59-93) edited by Stephen G. A. Pitel, Jason W. Neyers and Erika Chamberlain. Oxford, United Kingdom: Hart Publishing.

Private and public: the mixed concept of vindication in torts and private law

2013

Book

Private law: key encounters with public law

Kit Barker and Darryn Jensen eds. (2013). Private law: key encounters with public law. Cambridge, UK: Cambridge University Press. doi: 10.1017/CBO9781139856478

Private law: key encounters with public law

2013

Journal Article

Centripetal force: the restatement of unjust enrichment in England and Wales

Barker, Kit (2013). Centripetal force: the restatement of unjust enrichment in England and Wales. Oxford Journal of Legal Studies, 34 (1) gqt027, 1-25. doi: 10.1093/ojls/gqt027

Centripetal force: the restatement of unjust enrichment in England and Wales

2013

Journal Article

Restitution Regional Digest - Australia 2013

Barker, Kit (2013). Restitution Regional Digest - Australia 2013. Restitution Law Review, 21, 112-139.

Restitution Regional Digest - Australia 2013

2013

Book Chapter

Private law: key encounters with public law

Barker, Kit (2013). Private law: key encounters with public law. Private law: key encounters with public law. (pp. 3-42) edited by Kit Barker and Darryn Jensen. Cambridge, United Kingdom: Cambridge University Press. doi: 10.1017/CBO9781139856478.003

Private law: key encounters with public law

2012

Book Chapter

Interference with pure economic interests

Barker, Kit (2012). Interference with pure economic interests. The Law of Torts in Australia. (pp. 227-302) edited by Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade. South Melbourne, VIC, Australia: Oxford University Press.

Interference with pure economic interests

2012

Journal Article

Restitution Regional Digest - Australia 2012

Barker, Kit (2012). Restitution Regional Digest - Australia 2012. Restitution Law Review, 20, 140-164.

Restitution Regional Digest - Australia 2012

2012

Book Chapter

Nuisance

Barker, Kit (2012). Nuisance. The law of torts in Australia. (pp. 183-227) edited by Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade. South Melbourne, VIC, Australia: Oxford University Press.

Nuisance

2012

Book Chapter

Damages

Barker, Kit (2012). Damages. The law of torts in Australia. (pp. 692-750) edited by Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade. South Melbourne, VIC, Australia: Oxford University Press.

Damages

2012

Book Chapter

Defamation and invasion of privacy

Barker, Kit (2012). Defamation and invasion of privacy. The Law of Torts in Australia. (pp. 303-416) edited by Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade. South Melbourne, VIC, Australia: Oxford University Press.

Defamation and invasion of privacy

2012

Book

The law of torts in Australia

Barker, Kit, Cane, Peter, Lunney, Mark and Trindade, Francis (2012). The law of torts in Australia. 5th ed. Melbourne, Australia: Oxford University Press.

The law of torts in Australia

2011

Book Chapter

Multiple tortfeasors: Liability and contribution

Barker, Kit (2011). Multiple tortfeasors: Liability and contribution. The law of torts in Australia. (pp. 793-814) edited by Kit Barker, Peter Cane, Mark Lunney and Francis Trinidade. South Melbourne, VIC, Australia: Oxford University Press.

Multiple tortfeasors: Liability and contribution

2011

Book Chapter

Relational economic loss - The search for rational limits

Barker, Kit (2011). Relational economic loss - The search for rational limits. Torts in commercial law. (pp. 163-194) edited by Simone Degeling, James Edelman and James Goudcamp. Rozelle, N.S.W., Australia: Thomson Reuters.

Relational economic loss - The search for rational limits

2011

Journal Article

Restitution Regional Digest - Australia 2011

Barker, Kit (2011). Restitution Regional Digest - Australia 2011. Restitution Law Review, 19, 167-187.

Restitution Regional Digest - Australia 2011

2010

Journal Article

Restitution Regional Digest - Australia 2010

Barker, Kit (2010). Restitution Regional Digest - Australia 2010. Restitution Law Review, 18, 95-117.

Restitution Regional Digest - Australia 2010

Funding

Past funding

  • 2018 - 2019
    Foundations of the Common Law Library (ARC LIEF grant administered by The University of New South Wales)
    University of New South Wales
    Open grant

Supervision

Availability

Professor Kit Barker is:
Available for supervision

Before you email them, read our advice on how to contact a supervisor.

Available projects

  • The law and theory of unjust enrichment

    Potential topics available include:

    • Foundational theories of unjust enrichment
    • Remedies for unjust enrichment

    For further information contact Professor Kit Barker, e: k.barker@law.uq.edu.au

  • The modern law of torts

    Potential topics available include:

    • State Negligence
    • Liabilities for Pure Economic Loss
    • Misfeasance in Public Office and False Prosecution
    • Private actions for the Invasion of Privacy
    • Remedies for Defamation

    For further information contact Professor Kit Barker, e: k.barker@law.uq.edu.au.

  • Private Enforcement

    Potential topics available include:

    • Theories of Public and Private Enforcement
    • The role of the Bounty Hunter – past and present

    For further information contact Professor Kit Barker, e: k.barker@law.uq.edu.au

  • The law and theory of unjust enrichment

    Potential topics available include:

    • Foundational theories of unjust enrichment
    • Remedies for unjust enrichment

    For further information contact Professor Kit Barker, e: k.barker@law.uq.edu.au

  • The modern law of torts

    Potential topics available include:

    • State Negligence
    • Liabilities for Pure Economic Loss
    • Misfeasance in Public Office and False Prosecution
    • Private actions for the Invasion of Privacy
    • Remedies for Defamation

    For further information contact Professor Kit Barker, e: k.barker@law.uq.edu.au.

  • Private Law Enforcement

    Potential topics available include:

    • Theories of Public and Private Enforcement
    • The role of the Bounty Hunter – past and present

    For further information contact Professor Kit Barker, e: k.barker@law.uq.edu.au

Supervision history

Completed supervision

Media

Enquiries

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