BA (University of Western Australia), LLB (Hons) (University of Western Australia), BCL (The University of Oxford), D Phil (The University of Oxford)
Languages spoken: English, Conversational Danish and French
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.
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
BANT E, 'Trusts, Powers and Liens: An exercise in ground-clearing' (2009) Journal of Equity 286-311
BANT E, 'Incapacity, Non est Factum and Unjust Enrichment' (2009) 33 MULR 368-390
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 Quarterly166-174
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
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. Together with her colleague Emeritus Professor Michael Bryan, she holds an Australian Research Council Discovery grant for the project, 'The Principles of Proprietary Remedies'. Michael and Elise are also working on the second edition of her work, formerly co-authored with Justice Edelman, 'Unjust Enrichment in Australia'.
Other Faculty and University Responsibilities
Elise is Associate Dean of the Juris Doctor degree at the Melbourne Law School. . She is also co-director (with Professor Andrew Robertson) of the Law School's Obligations Group. She has been a member of the Academic Recruitment Committee, co-ordinator for the Oxford/MLS degree partnerships programme and a teaching mentor for the graduate teaching programme.
