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Professor Kit Barker
Professor

Kit Barker

Email: 
Phone: 
+61 7 334 67609

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 policy, with a focus on the tortious liability of government, misfeasance in public office and the use of private enforcers 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 the author of Enforcement Rights in Public and Private Law: Paradigms, Exceptions and Hybrids (OUP, 2026) and co-author of three other, major works - 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 (7th edn, 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

  • Enforcement Rights in Private and Public Law -

    Issues related to enforcement rights in both public and private law, including -the history of law enforcement - feuds, self-help and the development of state enforcement agencies -private criminal prosecutions - incidence, risks, rewards and modern role -the standing of private enforcers in actions for judicial review, misfeasance in public office, public nuisance, competition and consumer law, environmental law and human rights law -state enforcement of private rights in cases of incapacity, charity and in insolvency proceedings - theoretical modelling of 'rights of action' , their nature and constraints -'hybrid' law enforcement processes

  • Restitution and Unjust Enrichment

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

  • State Liability in Tort

    Civil liability of the state for the wrongdoing of its agents and agencies. Interests include the tort of misfeasance in public office, false imprisonment and negligence in the execution of its public functions across a wide range of public welfare functions.

  • Philosophical Foundations of the Common Law

  • Defamation and Privacy

    Private law remedies for defamation and invasions of privacy.

  • Private Law Remedies

Works

Search Professor Kit Barker’s works on UQ eSpace

111 works between 1993 and 2024

81 - 100 of 111 works

2009

Book Chapter

The nature of responsibility for gain: Gain, harm and keeping the lid on pandora's box

Barker, Kit (2009). The nature of responsibility for gain: Gain, harm and keeping the lid on pandora's box. The Philosophical Foundations of the Law of Unjust Enrichment. (pp. 146-180) edited by R. Chambers, C. Mitchell and J. Penner. Oxford: Oxford University Press. doi: 10.1093/acprof:oso/9780199567751.003.0006

The nature of responsibility for gain: Gain, harm and keeping the lid on pandora's box

2008

Journal Article

Restitution Regional Digest - Australia 2008

Barker, Kit (2008). Restitution Regional Digest - Australia 2008. Restitution Law Review, 16 (1), 141-160.

Restitution Regional Digest - Australia 2008

2008

Book Chapter

Responsibility for gain: Unjust factors or absence of legal ground? Starting points in unjust enrichment law

Barker, K. (2008). Responsibility for gain: Unjust factors or absence of legal ground? Starting points in unjust enrichment law. Structure and justification in private law : Essays for Peter Birks. (pp. 47-74) edited by Charles Rickett and Ross Grantham. Oxford, United Kingdom: Hart Publishing.

Responsibility for gain: Unjust factors or absence of legal ground? Starting points in unjust enrichment law

2008

Book Chapter

Economic loss and the duty of care: A study in the exercise of legal justification

Barker, Kit (2008). Economic loss and the duty of care: A study in the exercise of legal justification. Justifying private law remedies. (pp. 173-201) edited by C. Rickett. Oxford, United Kingdom: Hart Publishing.

Economic loss and the duty of care: A study in the exercise of legal justification

2008

Book

Unjust enrichment

Barker, Kit and Grantham, Ross (2008). Unjust enrichment. Sydney, NSW, Australia: LexisNexis Butterworths.

Unjust enrichment

2007

Journal Article

Restitution Regional Digest - Australia

Barker, Kit (2007). Restitution Regional Digest - Australia. Restitution Law Review, 15, 150-170.

Restitution Regional Digest - Australia

2007

Journal Article

Equity in Commerical Law by Simone Degeling and James Edelman (eds)

Barker, Kit (2007). Equity in Commerical Law by Simone Degeling and James Edelman (eds). The Modern Law Review, 70 (1), 163-167. doi: 10.1111/j.1468-2230.2006.00631_1.x

Equity in Commerical Law by Simone Degeling and James Edelman (eds)

2006

Journal Article

Theorising unjust enrichment : Being realist(ic)?

Barker, C D (2006). Theorising unjust enrichment : Being realist(ic)?. Oxford Journal of Legal Studies, 26 (3), 609-626. doi: 10.1093/ojls/gql021

Theorising unjust enrichment : Being realist(ic)?

2006

Journal Article

Wielding Occam’s razor: Pruning strategies for economic loss

Barker, Kit (2006). Wielding Occam’s razor: Pruning strategies for economic loss. Oxford Journal of Legal Studies, 26 (2), 289-302. doi: 10.1093/ojls/gql004

Wielding Occam’s razor: Pruning strategies for economic loss

2005

Journal Article

Unfamiliar waters: Negligent advocates, egregious errors and lost chances of acquittal

Barker, Kit (2005). Unfamiliar waters: Negligent advocates, egregious errors and lost chances of acquittal. University of Queensland Law Journal, 24 (2), 467-477.

Unfamiliar waters: Negligent advocates, egregious errors and lost chances of acquittal

2004

Journal Article

Review of S. Degeling, Restitutionary Rights to Share in Damages (Cambridge, 2003)

Barker, Kit (2004). Review of S. Degeling, Restitutionary Rights to Share in Damages (Cambridge, 2003). Law Quarterly Review, 120, 351-354.

Review of S. Degeling, Restitutionary Rights to Share in Damages (Cambridge, 2003)

2004

Book Chapter

Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and Its Reasons

Barker, Christopher Douglas (2004). Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and Its Reasons. Understanding Unjust Enrichment. (pp. 79-110) edited by Jason W. Neyers, Mitchell McInnes and Stephen G.A. Pitel. Oxford: Hart Publishing.

Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and Its Reasons

2004

Journal Article

The new Birksian approach to unjust enrichment

Burrows, A., Barker, K. and Swadling, W. (2004). The new Birksian approach to unjust enrichment. Restitution Law Review, 12, 260-265.

The new Birksian approach to unjust enrichment

2003

Journal Article

Coping with failure: Re-appraising pre-contractual remuneration

Barker, K. (2003). Coping with failure: Re-appraising pre-contractual remuneration. Journal of Contract Law, 19 (2), 105-133.

Coping with failure: Re-appraising pre-contractual remuneration

2001

Journal Article

Riddles, remedies and restitution: quantifying gain in unjust enrichment law

Barker, Kit (2001). Riddles, remedies and restitution: quantifying gain in unjust enrichment law. Current Legal Problems, 54 (1), 255-305. doi: 10.1093/clp/54.1.255

Riddles, remedies and restitution: quantifying gain in unjust enrichment law

2001

Journal Article

Review of P. Jaffey, The Nature and Scope of the Law of Restitution

Barker, Kit (2001). Review of P. Jaffey, The Nature and Scope of the Law of Restitution. Restitution Law Review, 232-239.

Review of P. Jaffey, The Nature and Scope of the Law of Restitution

2000

Book Chapter

Unjust Enrichment

Kit Barker and L. Smith (2000). Unjust Enrichment. Law's Futures. (pp. 411-432) edited by Hayton. Oxford: Hart Publishing.

Unjust Enrichment

1999

Journal Article

Bona fide purchase as a defence to unjust enrichment claims: a concise restatement

Barker, Kit (1999). Bona fide purchase as a defence to unjust enrichment claims: a concise restatement. Restitution Law Review, 7, 75-91.

Bona fide purchase as a defence to unjust enrichment claims: a concise restatement

1999

Journal Article

Review of Cornish, Nolan, O'Sullivan, Virgo (eds) Restitution, Past Present and Future (Oxford, Hart, 1998)

Barker, Kit (1999). Review of Cornish, Nolan, O'Sullivan, Virgo (eds) Restitution, Past Present and Future (Oxford, Hart, 1998). Legal Studies, 19 (03), 415-418. doi: 10.1111/j.1748-121X.1999.tb00103.x

Review of Cornish, Nolan, O'Sullivan, Virgo (eds) Restitution, Past Present and Future (Oxford, Hart, 1998)

1999

Journal Article

Review of Burrows (ed) Understanding the Law of Obligation (Oxford, Hart, 1998)

Barker, Kit (1999). Review of Burrows (ed) Understanding the Law of Obligation (Oxford, Hart, 1998). Journal of Professional Negligence, 15, 198-203.

Review of Burrows (ed) Understanding the Law of Obligation (Oxford, Hart, 1998)

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

Looking for a supervisor? Read our advice on how to choose 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 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

For media enquiries about Professor Kit Barker's areas of expertise, story ideas and help finding experts, contact our Media team:

communications@uq.edu.au