- Simone Degeling
Professor, Co-Director - Private Law Research & Policy Group
BCom (with Merit) LLB UNSW., LLM (with Merit) UCL., DPhil Oxon.,
My research is about private law and its internal structures and architecture. My research is premised on the view that private law should be transparent and rational. Law should offer an acceptable degree of predictability of outcome and those who apply it should be accountable in part by the giving of defensible reasons. The development of a taxonomy by which we can understand private law assists in achieving and maintaining these objectives. It is therefore necessary to have a view of private law as an integrated whole rather than simply as a collection of discrete and sometimes merely contextual categories.
My particular expertise lies in the law of unjust enrichment, the law of equity and the law of remedies. Within unjust enrichment scholarship, I have done extensive work on policy motivated unjust factors and the intersections between unjust enrichment and tort. I use both doctrinal and theoretical approaches to inform my work.
Areas of expertise
Law of Unjust Enrichment & Restitution, Commercial law, Equity and Trusts, Remedies, Banking Law, Private Law Theory
Editor, Journal of Equity
Advisory Board, SSRN eJournal of Fiduciary Law
Private Law Research Leader, IMF Bentham Class Actions Initiative at UNSW Law
Co-Director, Private Law Policy & Research Group
Research and Professional Memberships and Affiliations
Fellow, The Australian Academy of Law
Academic Committee, Banking and Financial Services Law Association
Fellow, The Australian Centre for Private Law, TC Beirne School of Law, University of Queensland
Visiting Professor, Faculty of Law, National University of Singapore
I am currently working on various research projects including:
- Fiduciary obligations and the Australian Corporations Environment (with J Hudson, UNSW Australia);
- Undue influence and unjust enrichment;
- Fiduciary obligations in australian class actions (with M Legg, UNSW Australia);
- Settlement distrubutions (with M Legg, UNSW Australia);
- Finality in litigation (with M Legg, UNSW Australia);
- Money remedies held for others: the fiduciary dimension;
- Private law and grave historical injustice, with particular reference to reparations systems in domestic law (with K Barker, University of Queensland); and
- Defences in Equity.
Scott Donald 'Role of trust law in superannuation' (with Dimity Kingsford-Smith) (completed)
Jessica Hudson 'Explaining (part of) the Australian Law of Restitution as the Vindication of Proprietary Rights' (with Keith Mason)
Emily McMullan 'Consumer Law and Theories of Contract' (with Arthur Glass)
UNSW Faculty Research Grant "Australian Unjust Enrichment Law"
Australian Research Council (2010) with Prof Graham W Greenleaf, Prof Carolyn Sappideen, Prof Andrew S Mowbray, Prof Michael D Coper, Dr David Rolph, Mr John E Selby, Ms Patricia J Blazey 'Free access legal research infrastructure for the whole of the common law: Completing CommonLII'.
UNSW Major Research Equipment & Infrastructure Scheme (2015) with Prof Megan Davis, Mr Philip Chung, Prof Kathy Bowrey, 'Project Officer and Technical Development and Support'.
- Remedies (LAWS3301)
- Restitution (LAWS3079)
- Issues in Equity (LAWS3134)
- Equity & Trusts (LAWS2385)
- Equity & Trusts (JURD7285)
- Current Issues in the Law of Restitution (LAWS8036)