Dr Kayleen Manwaring
PhD, LLM (Media, Communications and Information Technology) (UNSW)
Grad Dip Communications, Grad Dip Legal Studies (UTS)
BA LLB (Hons I) (Syd)
Dr Kayleen Manwaring is a Senior Lecturer at UNSW Law & Justice. She joined the School of Private & Commercial Law in 2021, transferring from UNSW Business after a number of years teaching corporations law and intellectual property to business students.
Her research concentrates on the intersection of sociotechnical change and private and commercial law. She focuses on the law of contract, consumer protection, intellectual property law and corporations law. She has previously published work on the Internet of Things, ubiquitous/pervasive computing, cyber security, ambient intelligence, consumer protection, online contracting, directors' duties, network neutrality, copyright and digital technologies, privacy, spam and communications law. Her work has been cited by the Organisation for Economic Development, the World Economic Forum, the Australian Human Rights Commission, the NSW Law Reform Commission, the Australian Council of Learned Academies, the United States Department of Commerce National Telecommunications and Information Administration, the Austrian (EU) Ministry for Transport, Innovation and Technology, the Consumer Policy Research Centre and the Australian Communications Consumer Action Network (ACCAN). She is an invited peer reviewer for the leading journals Computer Law & Security Review, the International Journal of Law & Information Technology, the Australian Business Law Review, the Competition and Consumer Law Journal and the Internet Policy Review.
Prior to becoming an academic, she spent many years working as a commercial lawyer, as inhouse counsel and in law firm knowledge management, in Sydney and London, for Blake Dawson (now Ashurst), AMP, Freehills (now Herbert Smith Freehills) and SJ Berwin (later King & Wood Mallesons). Her work in practice primarily focused on commercial contracts in the area of technology acquisition and licensing, intellectual property, and communications.
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- Phone: 61 2 9385 7631
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Dobrescu I; Motta A; French S; Manwaring K; Taylor J, 2020, The Economic and Legal Principles of Business Decision Making, UNSW and Lionsheart Studios
Manwaring K; Clarke R, 2021, 'Is your television spying on you? The Internet of Things needs more than self-regulation', Computers and Law: Journal for the Australian and New Zealand Societies for Computers and the Law, vol. 93, pp. 31 - 36, http://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/ANZCompuLawJl/2021/9.html
Boccabella D; Manwaring K, 2020, 'Deemed Dividend Rules: Tax Free Extraction of Profits and Exploitation of Structural Foundations of the Income Tax Regime', Australian Tax Review, vol. 49, pp. 87 - 109
Manwaring K; Hanrahan P, 2019, 'BEARing Responsibility for Cyber Security in Australian Financial Institutions: The rising tide of directors’ personal liability', Journal of Banking & Finance Law and Practice, vol. 30, pp. 20 - 42, https://www.westlaw.com.au/maf/wlau/app/document?&src=search&docguid=Ifd73dbc1780c11e98b44b29f3622255f&epos=1&snippets=true&fcwh=true&startChunk=1&endChunk=1&nstid=std-anz-highlight&nsds=AUNZ_JOURNALS&isTocNav=true&tocDs=AUNZ_AU_JOURNALS_TOC&context=60&extLink=false&searchFromLinkHome=true
Manwaring K, 2018, 'Will Emerging Information Technologies Outpace Consumer Protection Law? The Case of Digital Consumer Manipulation', Competition and Consumer Law Journal, vol. 26, pp. 141 - 181
Manwaring K, 2017, 'Emerging information technologies: challenges for consumers', Oxford University Commonwealth Law Journal, vol. 17, pp. 265 - 289, http://dx.doi.org/10.1080/14729342.2017.1357357
Manwaring K, 2017, 'Kickstarting reconnection: an approach to legal problems arising from emerging technologies', Deakin Law Review, vol. 22, pp. 53 - 84, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2958514
Manwaring KE; Clarke R, 2015, 'Surfing the third wave of computing: a framework for research into eObjects', Computer Law & Security Review, vol. 31, pp. 586 - 603, http://dx.doi.org/10.1016/j.clsr.2015.07.001
Martin FA; Manwaring K, 2015, 'Online feedback to Students studying Taxation and Business Law - How does it rate?', Journal of the Australasian Tax Teachers Association, vol. 10, pp. 1 - 19, https://ssrn.com/abstract=2711563
Manwaring K, 2012, 'A shift in time saves no-one: mobile technologies and the NRL v Optus Decision', Journal of the Australasian Law Teachers Association, vol. 5, pp. 83 - 95, http://alta.mycms.com.au/2012-jalta.aspx?backToCMSUrl=/myCMS/CMS/WebPages.aspx?sid=3d934070-cb09-483a-ad95-14c7cc92185c
Manwaring K, 2011, 'Enforceability of Clickwrap and Browsewrap Terms in Australia: Lessons from the US and the UK', Studies in Ethics, Law, and Technology, vol. 5, pp. Article 4, http://dx.doi.org/10.2202/1941-6008.1102
Manwaring K, 2010, 'Network neutrality: issues for Australia', Computer Law and Security Review, vol. 26, pp. 630 - 639, http://dx.doi.org/10.1016/j.clsr.2010.09.004
Manwaring K, 2009, 'Data breach notifications: an Australian perspective', Privacy & Data Security Law Journal, vol. 4, pp. 848 - 864, https://ssrn.com/abstract=2251589
Manwaring K, 2009, 'Canning the spam five years on: a comparison of spam regulation in Australia and the US', Computers and Law: Journal of the Australian and New Zealand Societies for Computers and the Law, vol. 76, https://www.nswscl.org.au/index.php?option=com_content&view=category&id=69:december-2009-issue&Itemid=31&layout=default
Manwaring K, 2005, 'The price of beef in a copyright market: the effects of Chapter 17 of the Australia-US Free Trade Agreement', Copyright Reporter, vol. 23, pp. 60 - 71, https://ssrn.com/abstract=2624402
Manwaring K, 1998, '"Unjust Enrichment", by Philip Davenport and Christina Harris (book review)', Law Society Journal, vol. 36, pp. 102
Abrahams N; Manwaring K, 1997, 'Digital Terrestrial Television - an Australian Perspective', Media and Arts Law Review, vol. 2, pp. 107 - 107, https://ssrn.com/abstract=2624420
Manwaring K, 1992, 'Autodesk v Dyason', Sydney Law Review, vol. 14, pp. 518 - 523, https://ssrn.com/abstract=2624418
Manwaring K; Hall C, 2021, Legal, social and human rights challenges of the Internet of Things in Australia. Input paper for the Horizon Scanning Project “The Internet of Things” on behalf of the Australian Council of Learned Academies, www.acola.org., Australian Council of Learned Academies, www.acola.org, https://acola.org/wp-content/uploads/2021/02/acola-iot-input-paper_legal-social-and-human-rights-challenges_manwaring-hall.pdf
Adamson G; Wilson S; Manwaring K, 2020, IEEE Society on Social Implications of Technology (SSIT) Australia response to Digital Identity Legislation Consultation Paper
Adamson G; Tranter K; Manwaring K, 2020, IEEE Society for Social Implications of Technology submission to DFAT Cyber Engagement Strategy, https://www.dfat.gov.au/sites/default/files/ssit-submission_submission_ccties.pdf
Bhathela N; Bennett Moses L; Zalnieriute M; Clarke R; Manwaring K; Bowrey K; Bell F; Kearnes M, 2019, Response to ‘Artificial Intelligence: Governance and Leadership’ White Paper Consultation by Australian Human Rights Commission, http://dx.doi.org/10.2139/ssrn.3352329
Manwaring K, 2019, Response to Australian Competition and Consumer Commission Digital Platforms Inquiry Preliminary Report (December 2018)
Yu A; Lo A; Bennett Moses L; Clarke R; Farbenblum B; Joyce D; De Leeuw M; Manwaring K; Nolan J; Zalnieriute M, 2018, Response to Issues Paper on Human Rights and Technology, https://tech.humanrights.gov.au/sites/default/files/inline-files/70%20-%20The%20Allens%20Hub%20for%20Technology,%20Law%20and%20Innovation.pdf
Bennett Moses L; Buckley R; Johns F; Greenleaf G; Kemp K; De Leeuw M; Manwaring K; Maurushat A; Zalnieriute M, 2018, Response to Issues Paper on Data Sharing and Release, https://www.pmc.gov.au/sites/default/files/public-submissions/data-sharing-2018/20684.pdf
Bennett Moses L; Vines P; Gray J; Logan S; Manwaring K, 2018, Submission to NSW Law Reform Commission concerning digital assets upon death or incapacity, https://www.lawreform.justice.nsw.gov.au/Documents/Current-projects/Digital%20assets/Submissions/DI04.pdf
Manwaring K, 2017, Internet of Things Request for Comment 2017 - Submission by Kayleen Manwaring, UNSW Sydney, https://www.ntia.doc.gov/files/ntia/publications/kayleen_manwaring.pdf
Manwaring K, 2016, Internet of Things Request for Comment 2016 - Submission by Kayleen Manwaring, University of New South Wales Australia, https://www.ntia.doc.gov/files/ntia/publications/kayleen-manwaring.pdf
Conference Abstracts
Martin F; Manwaring K; Wilcox T, 2020, 'Using Technology to develop a deeper understanding of law and ethics with International Business Students', in Using Technology to develop a deeper understanding of law and ethics with International Business Students, Valencia, Spain, presented at INTED2020. 14th annual International Technology, Education and Development Conference, Valencia, Spain, 02 March 2020 - 04 March 2020
Conference Papers
Manwaring KE, 2016, 'Surfing the third wave of computing: contracting with eObjects', in Proceedings Doctoral Consortium (DCIT 2016), SCITEPress, Rome, Italy, pp. 3 - 13, presented at First International Conference on Internet of Things and Big Data 2016 (IoTBD2016) (Doctoral Consortium), Rome, Italy, 22 April 2016 - 25 April 2016
Conference Posters
Manwaring KE; Hanrahan P, 2017, 'Gone Phishing: Are Australian directors personally liable for cyber security breaches?', UNSW Sydney, presented at Global Security PLuS, UNSW Sydney, 19 July 2017 - 19 July 2017
Manwaring KE; Connor M, (eds.), 2014, 'Using the Moodle Feedback activity to create a personalised learning experience for business law students', Kensington, Australia, pp. 39 - 40, presented at Personalised learning: what is it? how do we do it?, Kensington, Australia, 08 October 2014 - 08 October 2014
Conference Presentations
Manwaring K, 2020, '‘When Fridges Attack’*, or, consumer protection for cyber security threats inherent in emerging technologies', presented at Consumer Law Roundtable, QUT/Virtual, 03 December 2020 - 03 December 2020
Martin F; Manwaring K; Wilcox T, 2020, 'Using technology with international business students to a develop a deeper approach to learning taxation, law and ethics', presented at INTED2020 14th annual International Technology, Education and Development Conference, Valencia, Spain, 02 March 2020 - 04 March 2020
Manwaring K, 2020, 'Chair, Session 2, Law & Technology', presented at Centre for Law, Markets & Regulation Symposium No 2 2020, 27 November 2020
Manwaring K, 2020, 'Digital consumer manipulation and alternatives to consent', presented at Consent and Consumer Manipulation - Principles and Rules for a Fairer Platform Economy (Paper Workshop, hosted by ANU HMI/UniMelb CAIDE), Virtual, 16 September 2020, https://philosophy.cass.anu.edu.au/events/consent-and-consumer-manipulation-principles-and-rules-fairer-platform-economy
Bednarz Z; Manwaring K, 2020, 'AI and Financial Services: the Case for Consumer Protection', presented at Centre for Law, Markets and Regulation, Virtual, 06 July 2020 - 10 September 2020
Manwaring K; Bain K; Connor M; Kayis-Kumar A; Martin F; Murray W, 2019, 'Legal education in a Business School: taking law beyond the lawyers', presented at UNSW Law Legal Education Research Conference, UNSW Kensington, 27 November 2019 - 28 November 2019
Martin F; Manwaring K; Bain K; Connor M; Murray W, 2019, 'Legal Education in a Business School: Taking Law Beyond the Lawyers', presented at Legal Education Research Conference, UNSW Faculty of Law, 27 November 2019 - 28 November 2019
Manwaring K, 2019, 'mis(I)nformed consent: privacy, unconscionable conduct and unfair contract terms', presented at Australia - New Zealand Consumer Law Roundtable, Melbourne Law School, 04 December 2019
Manwaring K, 2019, 'Surfing the third wave of computing: consumer contracting with eObjects', presented at Digital Citizens Conference 2019, Melbourne Law School, 24 July 2019 - 26 July 2019
Manwaring K, 2018, 'Protecting consumers against manipulation in the context of emerging technologies', presented at British and Irish Law Education and Technology Association: Digital Futures: places and people, technology and data, Aberdeen, UK, 11 April 2018 - 12 April 2018
Manwaring KE, 2017, 'Will emerging information technologies outpace consumer protection law? The case of digital consumer manipulation', presented at Law, Technology and Innovation Junior Scholars Forum, UNSW Sydney, 24 November 2017 - 24 November 2017
Manwaring KE, 2017, 'Emerging information technologies: challenges for consumers', presented at Future of Law Conference: The Internet of Things, Smart Contracts and Intelligent Machines, Singapore Management University, 26 October 2017 - 27 October 2017
Martin FA; Manwaring K, 2016, 'Survey on Online Feedback to students: How does it rate?', presented at Corporate Law Teachers Association Conference, UNSW, Australia, 31 January 2016 - 02 February 2016
Manwaring KE, 2015, 'How will law surf the third wave of computing?', presented at Universitas21 Graduate Research Conference 2015: Our Digital Future, Shanghai Jiao Tong University, Shanghai, 09 June 2015 - 12 June 2015
Manwaring KE, 2012, 'A shift in time saves no-one: National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59', presented at Australasian Law Teachers Association Conference 2012: Legal Education for a Global Community, 02 July 2012 - 04 July 2012
Theses / Dissertations
Manwaring K, 2019, Surfing the third wave of computing: consumer contracting with eObjects in Australia
Working Papers
Manwaring KE, 2016, A Legal Analysis of Socio-Technological Change Arising Out of eObjects, UNSW Law Research Paper No. 2016-15, http://dx.doi.org, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2690024
Prizes
- Winner, Google Prize (best postgraduate paper), BILETA Conference, 10-11 April 2018, Aberdeen
Awards
- UNSW Business Staff Excellence Awards 2018: Research Achievement - School of Taxation and Business Law
- Best PhD Project, International Conference on Internet of Things and Big Data (Doctoral Consortium), April 2016, Rome
- UNSW Graduate Research School: 1 of 3 PhD candidates across UNSW granted fully paid participation in Universitas21 conference on ‘Our Digital Future’ in Shanghai, China, 2015
- Deans List for Best Performance in subject: E-commerce Law
- Deans List for Best Performance in subject: Law & the Culture Industries
- International Association of Privacy Professionals – Australia/New Zealand Chapter Inc (iappANZ) Privacy Legacy Grant 2019 I am a co-investigator on this research project entitled '(mis)Informed Consent: Privacy, Unfair Contract and Unconscionable Conduct' ($30,000) with Rob Nicholls and Katharine Kemp
- UNSW Business School Special Research Grant 2019 I am the Chief Investigator on an SRG entitled ‘Autonomous ‘Intellectics’ and Accountability ($10,000)
- UNSW Centre for Law, Markets and Regulation Summer Research Grant 2019 Chief Investigator for a research project entitled ‘Corporate Social Responsibility and Cyber Security in Cyber-Physical Systems’ ($5000)
- UNSW Business School Summer Research Scholarship 2019 Research Project Supervisor for a research project entitled ‘To what extent can existing consumer protection laws protect consumers against cybersecurity threats inherent in emerging technologies?’ ($5000)
- UNSW Business School Summer Research Scholarship 2016 Research Project Supervisor for a research project entitled ‘Network neutrality in the age of the Internet of Things’ ($4400)
- UNSW Business School Summer Research Scholarship 2016 Joint Research Project Supervisor for a research project entitled ‘A duty to secure? Cyber security breaches, directors’ duties and shareholder actions’ ($4400)
Generally, Kayleen's research interests lie in sociotechnical change and the legal implications for business and consumers, particularly in the area of information technology. Most recently, she has developed extensive expertise in the consumer protection implications of sociotechnical change arising out of the Internet of Things and associated technologies. These include implications surrounding cyber security, data collection and handling, surveillance and privacy, digital consumer manipulation, software licensing, conduct affecting competition, contracting practices and service disavowal.
She also teaches and researches in the areas of intellectual property, consumer protection, corporations law and contract law.
Kemp K; Manwaring K, 2020, Australia’s privacy watchdog is taking Facebook to court. It’s a good start, https://theconversation.com/australias-privacy-watchdog-is-taking-facebook-to-court-its-a-good-start-133345
Manwaring K; Leonard P, 2020, How Australia can reap the benefits and dodge the dangers of the Internet of Things, https://theconversation.com/how-australia-can-reap-the-benefits-and-dodge-the-dangers-of-the-internet-of-things-149428
Manwaring K; Clarke R, 2020, Are your devices spying on you? Australia’s very small step to make the Internet of Things safer, https://theconversation.com/are-your-devices-spying-on-you-australias-very-small-step-to-make-the-internet-of-things-safer-145554
Vowles E; Manwaring K, 2018, Law Report, Radio National: The Internet of Things and the Law, http://www.abc.net.au/radionational/programs/lawreport/2018-03-06/9501720
Manwaring KE, 2017, Six things every consumer should know about the Internet of Things, The Conversation, https://theconversation.com/six-things-every-consumer-should-know-about-the-internet-of-things-78765
Manwaring KE; Griffiths E, 2017, Mythbusting the Internet of Things, ABC Radio Brisbane, http://www.abc.net.au/radio/brisbane/programs/drive/mythbusting-the-internet-of-things/8614936
Manwaring KE, 2017, Six things every consumer should know about the Internet of Things, https://theconversation.com/six-things-every-consumer-should-know-about-the-internet-of-things-78765