Publications by Deborah Healey | Law

Publications by Deborah Healey

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Books

Doping in Sport and Law (ed with Ulrich Haas) Hart Publishing 2016

Competitive Neutrality and its Application in Selected Developing Countries (ed)  United Nations Conference on Trade and Development Research Partnership Platform Series, 2014

Sport and the Law UNSW Press Fourth Edition 2009,Third Edition 2005, Second Edition 1996, First Edition 1989

Essays in Sport and Law Australian Society for Sports HIstory Hickie, Hughes, Healey and Scutt (eds)  2008

Australian Trade Practices Law CCH Australia Second Edition 1993, First Edition 1989

Misleading or Deceptive Conduct CCH 1991 with Professor Andrew Terry

Guidebook to Australian Trade Practices Law CCH Australia 1982, 1986, 1987

 

Book chapters

The Myth of the Level Playing Field for Sport in U Haas and D Healey, Doping in Sport and Law Hart Publishing 2016,  2-19

Mergers with Conditions in China: Caution, Control or Industrial Policy in C Picker, L Toohey and J Greenacre (eds), China In The International Economic Order: New Directions and Changing Paradigms, Cambridge University Press, New York,  2015, 245-267.

Competitive Neutrality: Addressing Government Advantage in Australian Markets in Drexl J (ed) State Initiated Restraints of Competition, 2015,  Edward Elgar, 3-39. 

Competitive Neutrality: The Concept in D. Healey (ed) Competitive Neutrality and its Application in Selected Developing Countries, United Nations Conference on Trade and Development Research Partnership Platform Series, 2014, 10-32.

Australian experience with competition law: the state as a market actor  in Sokol D. Daniel & ors. (eds)  Competition and the Role of the State,  Stanford University Press, 2014, 205-223.

Governance: Regulation, Organisation and Implementation in Maguire J. (ed) Social Sciences of Sport, Routledge, 2014, 251-272.

The Political Economy of Competition Law in Asia: the Australian Position in Williams M (ed) The Political Economy of Competition Law in Asia Edward Elgar 2013 344-378.

China’s Anti-Monopoly Law: Agent of Competition or Engine of Industrial Policy?  Comments on paper of Professor Wang and Jessica Su in R.Zimmer, Goals of Competition Law, 2012, Edward Elgar 398-408

A comparative look at the competition law control of state-owned enterprises and government in China in J. Drexl, More Common Ground for International Competition Law, 2012 Edward Elgar 122-148

The sale of rights to broadcast sporting events in Australia, in International Sports Broadcast Rights 2008 T.M.C. Asser Instituut of Sports Law The Hague 215-235

Competition Law and enforcement: the Australian experience, in The Effects of Anti-competitive Business Practices on Developing Countries and their Development Prospects  United Nations Conference on Trade and Development (Qaqaya and Lipimile, eds) 2008 United Nations New York and Geneva 463-496

Seven  loses the football: why all the fuss? in Essays in sport and the law, Australian Society for Sports History, 2008, double blind peer reviewed and jointly edited by Deborah Healey, Dr. Tom Hickie, Tony Hughes and Dr Joscelyn Scutt

Risk Management for Coaches in Frank S Pyke (Ed) Advanced Coaches Manual Human Kinetics 2001 (sponsored  by Australian Sports Commission and Australian Coaching Council Inc.)

Recent Developments in Assessment of Damages, in Lockhart (ed) Misleading or deceptive conduct: issues and trends,  Federation Press, 1996

Disclaimers, Exclusion Clauses – Are they effective? in Fewell (ed) Sports Law: A Practical Guide, The Law Book Co., 1995

Australian Competition and Consumer Law, CCH Australia Ltd
Author of following sections:

  • Unfair conduct, including unconscionable conduct
  • Implied terms/Manufacturers Liability
  • Other Unfair Trade Practices ( including product safety)
  • Access

Refereed journal publications

Sustaining the Status Quo: The Use of Conditions in Chinese Merger Clearance  (with Associate Professor Zhang Chenying and Jack Coles) Tsinghua Law Review Issue 10.1 Decemmber 2017 (accepted)

Enhancing Competition: Challenges for Australian Retail Banking (with Dr Rob Nicholls) Business and Finance Law and Practice  (2017) 28 JBFLP 48.

Bank Mergers in China:What Role for Competition? (with Zhang Chenying, Tsinghua University) Asian Journal of Comparative Law  (2017) Volume 12 Issue 1, 81;   https://doi.org/10.1017/asjcl.2017.2

Should Stability Reign? The Consumer Downside of Foregone Competition in Retail Banking Markets (With Dr Rob Nicholls) Banking and Finance Law Review Volume (2016) 32 No 1, 69-101

Competition Regimes in Singapore and Hong Kong: A Product of Idiosyncratic Attributes of Small Asian Economies? (with Angus Young)  (2016) J.B.L. 491-516

When the State Harms Competition- The Role for Competition Law (with Professor Eleanor Fox) Antitrust Law Journal 79 Antitrust Law Journal 769 (2014)
(Best Academic General Antitrust Article - 2015 Antitrust Writing Awards)

Mergers in China: What's the Story? (2014) 88 Australian Law Journal 92

Competition Law Compliance in Australia: Diverse Strategies for the Regulator and Business ( translated into Chinese) 2013 25 Economic Law Forum 371-393

Strange bedfellows or soulmates: merger regulation in  China and Australia compared, Asian Journal of Comparative Law, Volume 7 (1) (2012) 1-40

Application of competition laws to government in Asia: the Singapore Story KLRI Journal of Law and Legislation Vol.2, 2012, 57-97

Governance in sport: Outside the box? Vol 23 No 3 Economic and Labour Relations Review 39-60 (2012)

Anti-Monopoly Law and Mergers in China: an early report card on procedural and substantive issues (2010) Tsinghua China Law Review Volume 3 Number 1 (Fall 2010) 19-58

Third line forcing: has the problem gone away? (2009) 32 UNSW Law Journal 249

An anti-monopoly law for China: weapon or mirage? (2008) 16 Competition and Consumer Law Journal 220-246

Warning signs, rail renovation and negligence: a bridge too far (2007) Australian Civil Liability

Warnings and exclusions post personal responsibility (2006) 1 ANZSLA Journal 7-41

The court as referee in sport: what are the limits? Reform, Journal of Australian Law Reform Commission, Winter 2006 at 39

Risk in recreation: interpretation of the rules, (2006) 4 Australian Civil Liability 25

Warnings and waivers in recreation, (2006) Australian Civil Liability 37

The use and abuse of performance enhancing substances in sport (2006) 3 Medical Journal of Australia (co-authored)

Risk management- the practicalities (2004) Australian Civil Liability 123

The ACCC and the Media: Improving the Ratings (2003) 26 UNSW Law Journal 305

 

Non- refereed Journals

Governance of sport in Australia: by law and by agreement China Sports Law Journal

Protection of image without a right of personality: effective or archaic? Vol 2 No 1 Global Sports Law and Taxation Reports (March 2011) 18

A Win for YouTube Vol29(2) Communications Law Bulletin (September 2010) 9

Sport and the law: how do they work together? Legaldate (2006) No 4, 1

Olympic Yachting Selection Dispute, ANZSLA Newsletter Vol 6 No.3 (1996)

Exemption for Sport in NSW Transgender Legislation ANZSLA Newsletter Vol.6 No 3 (1996)

English Rugby Referee Held Liable for Player’s Injuries, ANZSLA Newsletter Vol. 6 No.2 (1995)

Rogers’ Damages Increased, ANZSLA Newsletter Vol.3 No.4 (1993-1994)

Dirty Reds  Reinstated in Competition, ANZSLA Newsletter Vol. 3 No.4 (1993-1994)

Increased Compensation for Sporting Participants in NSW, ANZSLA Newsletter Vol.1 No.4 (1992)

Selected Conference presentations

Competition and Consumer Protection Law

Competition Policy and Globalisation: Practical Implications,  6th China Competition Policy Forum: Competition Policy in the Context of Economic Globalisation, Advisory Group of Experts of Anti_Monopoly Commission of the State Council and Shanghai Jiao Tong University Competition Law and Globalisation Conference, 30-31 August 2017

Project to develop ASEAN Regional Capacity Building Roadmap for 2017-2020 UNCTAD Intergoverntal Experts Forum, Geneva, July 2017

Competition Law and the State Part II Interim Report UNCTAD Reserach Partnership Platform, Geneva, July 2017

Competition Law and Ports in Australia,  Antitrust in Asia: One Size Fits All? Concurrences and Chinese University of Hong Kong April 2017

Bank Mergers and the Anti-Monopoly Law: What role for Competition? Asian Competition Forum 10th Annual Conference Hong Kong December 2014

Competition Impact Assessment as a Tool for Compliance, International Symposium of Competition Compliance and Administrative Monopolies, East China University of Politics and Law, Shanghai  December 2014

The Anti-Monopoly Law:Competition Regulation in a Socialist Market Economy, University of Sydney China Studies Centre 2014 Annual Workshop on Chinese Law, September 2014

Competition Law and Policy in Asian Markets: Architecture and Prospects, Competition Law and Policy Institute of New Zealand Annual Conference, August 2014

Administrative monopoly in China : the role of the Anti- Monopoly Law in domestic integration ,Asian Competition Forum Hong Kong December 2013 

Impact of cartels on the poor: lessons from Australian regulation, for UNCTAD Intergovernmental Experts Forum on Competition Law, Geneva, July 2013

Application of competition laws to government in Singapore and Hong Kong: calibrating the approach , Asian Competition Forum Hong Kong December 2011

Merger Law in China: competition analysis , ACLEC Forum Hong Kong December 2011

Benefits of competition law and policy to consumers, economic growth and development , The ASEAN Competition Conference Bali November 2011

Competition and Merger Law in China and Australia, Conference Exchange and Integration of Contemporary Legal Systems, China University of Political Science and Law, Beijing, September 2011

The Development of Merger Policies and Processes in China, Asian Competition Forum, Hong Kong December 2010

The Anti-Monopoly Law: the Regulation of Competition, UNSW cross-disciplinary conference Business Regulation in China, February 2010

The National Interest and Foreign Acquisitions for ACLEC Forum, Hong Kong, December 2009

Administrative Monopoly Perspectives from Australia, the US, EU and China for Asian Competition Forum, ( with Prof Allan Fels) Hong Kong, December 2009

Competition Law in Australia: Implementing Competitive Neutrality to Government Businesses for UNCTAD Intergovernmental Experts Forum on Competition Law, Geneva, July 2009

Exemptions and exclusions under Hong Kong Competition Law Proposals: too much flexibility? for Asian Competition Forum, Hong Kong December 2008

Independence and Accountability of Competition Law Authorities for UNCTAD Intergovernmental Experts Forum on Competition Law, Geneva, July 2008

Application of Competition Law to Government in Australia: administrative monopoly and current developments for Asian Competition Forum, Hong Kong December 2007

Small Business and the Trade Practices Act in Trade Practices Update UNSW CLE March 2007

Proportionate Liability and Misleading Conduct , Annual Consumer Roundtable of Consumer Protection Academics, University of Sydney, September 2006

Do Consumer Protection Laws Extend to Lemons? Consumer Trader and Tenancy Tribunal Annual Conference, 2005 15 pp

The landscape of competition law in Trade Practices Law after the Dawson Review, UNSW CLE Competition Law and Consumer Protection, Keynote Address, May 2003

Re-Opening Harsh Contracts Credit law Conference 1995

Sport

Issues in Anti-Doping Bar Association Sports Law Conference Sydney 9 September 2017

Anti-siphoning in Australia and New Zealand: essential for sports fans or an expensive, market distorting waste of time? Australia and New Zealand Sport Law Conference, Queenstown, October 2012

Governance of sport in Australia:by law and agreement China University of Political Science and Law, November 2010

Corporate governance in sport: multiple goals and multiple paths at Sport: A Law unto Itself, Conference, Law Society of NSW, 9 November 2010

Civil Liability Amendments: A Progress Score Presenter and panel member, structured hypothetical, ANZSLA Conference, October 2005

Running an Effective Tribunal Hearing in “Sports Law: Hot Issues” Conference LAAMS, 2 September 2002

Is the Law Killing Sport ? Keynote address at Public Forum UNSW October 2001

Sports Tribunals: a Practical Guide in “Sports Tribunals and Sport Administration” Conference, LAAMS, 20 October 2000

The Future of Anti-Doping Policy, Panel Moderator and Panel member, ANZSLA Conference “Sport in the New Millenium -The Global Game August 1999

Insurance and Sport: The Liability of Administrators, Coaches, Employees and Volunteers of Incorporated Sporting Organisations ANZSLA Conference 200 Towards 2000 October 1997

Inequality of Bargaining Power and Unfairness in Sport: Recent Developments  ANZSLA Conference Fairness and Equity in the Sporting Arena  October 1996

Sponsorship Agreements: Diverse Issues for Sports and their Advisers in Sports and the Law BLEC May 1994

Advertising Merchandising and Personality Rights ANZSLA Conference The Law of Professional Team Sports May 1991

Submissions and reports

Report for ASEAN, Updating 2012 ASEAN Regional Capacity Building Roadmap (ARCBR) , prepared under CLIP Phase II of the AANZFTA Economic Cooperation Work Programme (ECWP), including assessment of progress in competition Law capacity of ASEAN jurisdictions (funded by ACCC)

 

The Chinese Anti-Monopoly Law: Lessons for Australian Banks and Chinese Regulators Research Report October 2015, with Associate Professor Zhang Chenying, Tsinghua University
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2670373 (119 pages)

Competition in Financial Services, Centre for International Finance and Regulation Research Report August 2015, with Carolyn M. Evans, Marina Nehme, Rob Nicholls and Charlotte Penel

United Nations Committee on Trade and Development, Bipartite Peer Review of Competition Law and Policy: Fiji and Papua New Guinea 6 July 2015 

http://unctad.org/en/PublicationsLibrary/ditcclp2015d2_en.pdf (44 pages)

Competition Law and the State: Competition laws’ prohibitions of anti-competitive State acts and measures, Volumes 1 and 2, United Nations Committee on Trade and Development Research Partnership Platform, August 2015, with Professor Eleanor Fox
http://unctad.org/en/Pages/DITC/CompetitionLaw/ResearchPartnership/TheSt...

CCAAC ,  Consumers and the Ticket Market: Ticket onselling in the Australian Market  Final Report Nov 2010 (leader of CCAAC Subgroup reviewing ticket scalping at request of Minister, conducting public hearings, assisting with drafting report )  http://archive.treasury.gov.au/documents/1914/PDF/Ticket_scalping_report.pdf

CCAAC, Consumer rights: reforming statutory implied conditions 30 October 2009 (CCAAC Subgroup reviewing then Trade Practices Act and state laws on implied conditions and warranties ( included conducting public hearings and drafting report) http://archive.treasury.gov.au/contentitem.asp?NavId=014&ContentID=1682

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