Dr Nicholas Tiverios

  1. Doctor of Philosophy (2018) (UCL).
  2. Master of Laws (Dist) (2015) (UCL).
  3. Bachelor of Laws (H1) (2011) (UWA).
  4. Bachelor of Science; Bachelor of Social Science (2007) (Curtin).
  5. Admission as a Barrister & Solicitor, High Court of Australia and Supreme Court of the Australian Capital Territory (2012).

Nicholas is a Lecturer at the UNSW Faculty of Law. He previously worked as the High Court of Australia’s Legal Research Officer and practised as a solicitor in Melbourne.  Prior to joining the faculty at UNSW, Nicholas was a Teaching Fellow at University College London where he completed his PhD as the inaugural Peter Birks Memorial Scholar.  Nicholas also holds a Master of Laws (Dist) from University College London (where he was ranked first in his year and studied on the Sir John Salmond Scholarship) and a Bachelor of Laws (Hons I) from the University of Western Australia.  He publishes and teaches in the areas of contract law, equity, remedies, unjust enrichment, legal history and jurisprudence.

His monograph Contractual Penalties in Australia and the United Kingdom - History, Theory and Practice (foreword by the Hon Justice James Edelman) was published by The Federation Press in October 2019.

Profile Picture

Tiverios N, 2019, Contractual Penalties in Australia and the United Kingdom: History, Theory and Practice, Federation Press, Sydney, https://www.federationpress.com.au/bookstore/book.asp?isbn=9781760022143

Edited Books

Degeling S; Crawford M; Tiverios N, (eds.), 2020, Justifying Private Rights, Hart Publishing, https://www.bloomsburyprofessional.com/uk/justifying-private-rights-9781509931958/

Journal articles

Tiverios N, 2020, 'The forfeiture of contractual rights', Cambridge Law Journal, vol. 79, pp. 17 - 20, https://www.cambridge.org/core/journals/cambridge-law-journal/article/forfeiture-of-contractual-rights/A1778A70A1ACB3712328BD8EA4DFE9D8

Tiverios N, 2019, 'Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd: The Penalties Doctrine and the Loan Establishment Fee Conundrum', Monash University Law Review, vol. 44, pp. 723 - 735, https://www.monash.edu/__data/assets/pdf_file/0009/1980135/11_Tiverios.pdf

Tiverios N, 2017, 'A Restatement of Relief Against Contractual Penalties (II): A Framework for Applying the Australian and English Approaches', Journal of Equity, vol. 11, pp. 185 - 218

Tiverios N, 2017, 'A Restatement of Relief Against Contractual Penalties (I): Underlying principles in Equity and at Common Law', Journal of Equity, vol. 11, pp. 1 - 28

Tiverios N; McKay C, 2016, 'Orthodoxy lost: The (ir)relevance of causation in quantifying breach of trust claims', Australian Law Journal and Reports, vol. 90, pp. 231 - 248

Tiverios N, 2015, 'Raiders of the secured asset: The doctrinal rationalisation for the liquidator’s lien or charge over a secured asset post-Stewart v Atco', Insolvency Law Journal, vol. 23, pp. 101 - 115

Book Chapters

Tiverios N; McFarlane B, 2021, 'Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia', in Bant E; Goudkamp J; Courtney W; Paterson J (ed.), Punishment and Private Law, Hart, London, https://www.bloomsburyprofessional.com/uk/punishment-and-private-law-9781509939152/

Tiverios N, 2020, 'Property, Therefore: Justifying Relief Against the Forfeiture of Personal Rights', in Tiverios N; Crawford M; Degeling S (ed.), Justifying Private Rights, Hart, London

Tiverios N, 2016, 'Doctrinal approaches to the law of penalties: A post-Andrews intention-based defence of relief against fixed contractual penalties', in Edelman J; Goudkamp J; Degeling S (ed.), Contract in Commercial Law, Thomson Reuters, pp. 457 - 492


Theses / Dissertations

Tiverios N, 2018, Relief Against Contractual Penalties in England and Australia: History, Theory and Practice

University College London

  • Inaugural Peter Birks Memorial Scholar (2015) (full Ph.D Scholarship for top private law doctorate applicant).
  • Ranked first in the Master of Laws 2014–2015 cohort (1 of c.415 students).
  • Sir John Salmond KC Scholarship (top LLM applicant from Australia and New Zealand).
  • Pump Court Tax Chambers Prize for best performance in International and Commercial Trusts Law.
  • Ranked first in LLM studies in (i) the Historical Development of the Common Law; (ii) International and Commercial Trusts Law; (iii) International and Comparative Secured Transactions (shared); (iv) Regulation and Tort; and (v) Jeremy Bentham and the Utilitarian Tradition Part A.

University of Western Australia

  • 2010 LexisNexis Prize in Law for being amongst the top law honours invitees.
  • Second highest honours thesis mark in the 2011 Bachelor of Laws cohort (shared).
  • 2011 Phillip Lionel Sharp Memorial Prize in Law for writing the best paper on a selected torts law topic.
  • 2011 Law School certificate of merit for obtaining the highest mark awarded for Advanced Constitutional Law.
  • 2012 Law School certificate of merit for obtaining the highest mark awarded for Remedies.
  • 2010 Colin Everard Pollett Memorial Prize in Law for obtaining the highest mark awarded for Legal History.

Teaching Activity

  1. Contracts (LAWS1075 & JURD7175).
  2. Equity and Trusts (LAWS2385 & JURD7285).
  3. Remedies (LAWS3301 & JURD7701).
  4. Restitution (LAWS 3079 & JURD7379).