
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
Fields of research
Qualifications
- Bachelor of Arts, University of Oxford
- Masters (Coursework), University of Oxford
- Masters (Coursework) of Law, University of Oxford
Research interests
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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.
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Philosophical Foundations of the Common Law
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Defamation and Privacy
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Private Law Remedies
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Restitution and Unjust Enrichment
The law and philosophical underpinnings of civil remedies for unjust enrichment.
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Torts
Works
Search Professor Kit Barker’s works on UQ eSpace
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.
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
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.
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.
2014
Journal Article
Restitution Regional Digest - Australia 2014
Barker, Kit (2014). Restitution Regional Digest - Australia 2014. Restitution Law Review, 22, 128-154.
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.
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
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
2013
Journal Article
Restitution Regional Digest - Australia 2013
Barker, Kit (2013). Restitution Regional Digest - Australia 2013. Restitution Law Review, 21, 112-139.
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
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.
2012
Journal Article
Restitution Regional Digest - Australia 2012
Barker, Kit (2012). Restitution Regional Digest - Australia 2012. Restitution Law Review, 20, 140-164.
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.
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.
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.
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.
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.
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.
2011
Journal Article
Restitution Regional Digest - Australia 2011
Barker, Kit (2011). Restitution Regional Digest - Australia 2011. Restitution Law Review, 19, 167-187.
2010
Journal Article
Restitution Regional Digest - Australia 2010
Barker, Kit (2010). Restitution Regional Digest - Australia 2010. Restitution Law Review, 18, 95-117.
Funding
Past funding
Supervision
Availability
- Professor Kit Barker is:
- Available for supervision
Before you email them, read our advice on how to contact a supervisor.
Available projects
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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
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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.
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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
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2022
Doctor Philosophy
Which of the Duties of Directors are Fiduciary?
Principal Advisor
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2020
Doctor Philosophy
Coherence in Australian Private Law: A Review of the High Court's Approach
Principal Advisor
Other advisors: Professor Ross Grantham
Media
Enquiries
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