Home > About Us > Our Staff > Faculty Positions

Associate Professor Elise Bant

Academic Profile
Profile Publications  
Associate Professor

BA (University of Western Australia), LLB (Hons) (University of Western Australia), BCL (The University of Oxford), D Phil (The University of Oxford)

Dr Bant graduated from The University of Western Australia in 1992 with joint Bachelor of Arts and Bachelor of Laws (hons) degrees. She joined Freehills, Perth, as a solicitor and specialised in Commercial Litigation for a number of years, before accepting a place at The University of Oxford reading for a Bachelor of Civil Laws degree in 1996. She was awarded a Rotary Foundation Ambassadorial Scholarship for that year. She graduated from Oxford with distinction in 1997 and returned to Freehills, before joining The University of Western Australia Law School as a Lecturer in 1998. She taught and published in the areas of Unjust Enrichment and Restitution law, Equity, Trusts, and Property and was promoted to Senior Lecturer in 2001. She then returned to Oxford in 2005 as a Clarendon Scholar to read for a D Phil (law). She successfully defended her thesis entitled The Change of Position Defence in early 2008 and returned to Melbourne in June of that year to take up an appointment as Associate Professor with the Melbourne Law School.

Associate Professor Bant teaches Remedies (LLB) and Equity and Commerce (Melbourne Law Masters) at the Melbourne Law School. Her other teaching and research interests include Unjust Enrichment and Restitution Law, Equity, Trusts, Property, Contract and Tort.


Representative Publications

Books

 BANT E, The Change of Position Defence (Hart, Oxford 2009)

 EDELMAN J AND BANT E, Unjust Enrichment in Australia (OUP, Melbourne 2006)

 Refereed Journal Articles

 E Bant, 'Incapacity, Non est Factum and Unjust Enrichment' (2009) 33 MULR (forthcoming)

 BANT E, ‘Causation and Scope of Liability in Unjust Enrichment’ [2009] Restitution Law Review 60-78

 BANT E, ‘Restitutio in Integrum and the Change of Position Defence: Lessons from Rescission’ [2007] Restitution Law Review 13-36

 BANT E, ‘Payment over and change of position: lessons from agency law’ [2007] 1 Lloyd’s Maritime and Commercial Law Quarterly 225-245

 EDELMAN J AND BANT E, “Setting Aside Contracts of Suretyship: The Theory and Practice of Both Limbs of Yerkey v Jones” (2004) 15 Journal of Banking and Finance Law and Practice 5-19

BANT E AND CREIGHTON P, "The Statutory Change of Position Defences in Western Australia" (2003) UWAL Rev 47-69

BANT E AND CREIGHTON P, "The Australian Change of Position Defence" (2002) UWAL Rev 208-232

CREIGHTON P AND BANT E, "Recipient Liability in Western Australia" (2000) UWAL Rev 205-232

 Other publications

 BANT E, ‘Restitution from the Revenue’ [2009] Lloyd’s Maritime and Commercial Law Quarterly 166-174

 BANT E, Review of C Rickett and R Grantham, ‘Structure and Justification in Private Law: Essays for Peter Birks’ (2009) Canadian Business Law Review (forthcoming)

 BANT E, “Identifying Enrichment: McDonald v Coys of Kensington” [2004] RLR 151-155

BANT E AND CREIGHTON P, "Mistake of Fact and Change of Position: Sound Advice from the Privy Council?" (2002) 2 OUCLJ 271-280

 


Areas of Expertise:

Teaching:
The Melbourne LLB:
  • Remedies (2009)
  • Restitution (2009)
  • The Melbourne Law Masters:
  • Equity and Commerce (2009)


  • Current Research Interests

    Associate Professor Bant is currently writing in the fields of the principles of proprietary remedies, in particular the interaction between, criteria for the award of, and operation of imposed trusts, proprietary powers and liens.


    Elise Bant

    Phone:
    +61 3 834 41085
     
    Email:
    Elise Bant
     
    Room:
    0718