Staff Directory

Professor David Spencer Name: Professor David Spencer
Senior Lecturer (Law)
Email
david.spencer@acu.edu.au
Phone
+613 9953 3678
Organisational Area
Faculty of Law and Business
Department
Thomas More Law School VIC
Location
Melbourne
Building 466 - St. Patrick's Centre (486 Albert Street, East Melbourne VIC 3002)-Level 7-Room 466.7.12
Biographical Information

David has been at ACU since 2012 and was previously Professor and Deputy Provost of the University. In 2014 he was appointed Executive Dean (Acting), in the newly established Faculty of Law and Business before resuming his duties as Deputy Provost. Between 2017/18 he was Professor and Associate Dean of Learning & Teaching in the Faculty of Law and Business. Previously, he was Professor and Associate Dean (Academic) of the Faculty of Business, Economics and Law at La Trobe University. Prior to that, he had been Associate Dean (Teaching & Learning) for the Faculty of Law at Macquarie University. He holds a Bachelor of Arts from Macquarie University, a Bachelor of Laws from the University of Sydney and a Master of Laws (by Research) from the University of Technology Sydney. In 1995, David attended the 29th Program of Instruction for Lawyers at Harvard University Law School where he studied the art of negotiation from Professor Roger Fisher (the author of Getting to Yes). David is a Solicitor of the Supreme Court of NSW and the High Court of Australia and up until 2006 held an unrestricted practicing certificate from the NSW Law Society.

David's main areas of research include contract law, civil procedure, dispute resolution and Higher Education theory and practice. He has authored: over 100 articles 7 books and monographs 4 book chapters over 70 casenotes in refereed journals and, has been awarded a number of research grants. He is co-author of Dispute Resolution in Australia: Cases, Commentary & Materials (Lawbook Co, 4th ed, 2019) Mediation Law & Practice (2006, Cambridge University Press) and, Becoming a Lawyer: Success at Law School (Oxford University Press, 3rd ed, 2014). He is author of: Principles of Dispute Resolution (Lawbook Co, 2nd ed, 2016) Law Briefs:Contract Law (Pearson Longman, 2008), and Title 13.2: Mediation and Conciliation in Laws of Australia (Thomson Reuters). He is currently co-investigator with the University of NSW, Heriot Watt University and the University of Alberta on an Australian Research Council project researching the ability and possibility of deaf people to sit on juries.

David is the Chief Editorial COnsultant of the Australasian Dispute Resolution Journal (Thomson Reuters) where he also writes the journal's quarterly case notes and is a contributing author of the Australian Law Dictionary (Oxford University Press, 2010) and the Laws of Australia (Thomson Reuters).

In 2005 David won the Macquarie University Vice-Chancellor's Outstanding Teacher Award. In 2006 he won a Macquarie University Citation for Outstanding Contributions to Student Learning and in the same year a national Citation for Outstanding Contributions to Student Learning from the Carrick Institute (subsequently the Australian Learning & Teaching Council). In 2017/18 he was winner of the 2017 "Andrea Durbach Award for Human Rights Scholarship" awarded by the Australian Human Rights Institute and the Australian Journal for Human Rights as lead author for the article, "Justice is blind as long as it isn't deaf: Excluding deaf people from jury duty - an Australian human rights breach" (2017) 23(3) Australian Journal of Human Rights 332, 332-350 (awarded 22 March 2018).

Publications

SELECTED BIBLIOGRAPHY 

Books and Research Monographs:

  1. Spencer D, Essential Dispute Resolution (Sydney: Cavendish Publishing Ltd, 2nded, 2005)
  2. Spencer D and Brogan M, Mediation Law & Practice (Sydney: Cambridge University Press, 2006)
  3. Napier J & Spencer D, Deaf Jurors' Access to Court Proceedings via Sign Language Interpreting: An Investigation (Sydney: NSW Law Reform Commission, Research Report No.14, March 2007)
  4. Spencer D, Law Briefs: Contract Law (Sydney: Pearson Education, 2008)
  5. Spencer D, Principles of Dispute Resolution (Sydney: Lawbook Co., 2011)
  6. Brogan M & Spencer D, Becoming a Lawyer: Success at Law School (Melbourne: Oxford University Press, 3rd ed, 2014)
  7. Spencer D & Hardy S, Dispute Resolution in Australia: Cases, Commentary & Materials (Sydney: Thomson Reuters, 3rd ed, 2014)

 Book Chapters:

  1. Napier J, Spencer D & Sabolec J, "A shared responsibility in the administration of justice: A pilot study of sign language interpretation access for deaf jurors", in Hale S, Slayter H & Stern L (eds), Quality in Interpreting: A Shared Responsibility- Proceedings of the 5th International Critical Link Conference (Amsterdam: John Benjamins Publishing Co, December 2007).
  2. Napier J & Spencer D,"Guilty or not guilty? An investigation of deaf jurors access to court proceedings via sign language interpreting", in Russell D & Hale S (eds.) Interpreting in Legal Settings (Washington DC: Gallaudet University Press, 2008).
  3. Contributing author on Contracts and Dispute Resolution to Oxford Australian Law Dictionary, (Melbourne: Oxford University Press, 2009).
  4. Laws of Australia, Title 13.2: Mediation, (Sydney: Thomson Reuters, 2009 loose leaf update No.237) - update to be published in 2015.
  5. Spencer D, "Was Moses Peer Observed? The Ten Commandments of Peer Observation of Teaching", in Sachs J and Parsell M (eds), Peer Review of Learning and Teaching in Higher Education (Springer Netherlands, 2014).

Articles in Refereed Journals:

  1. "Uncertainty and incompleteness in dispute resolution clauses", (1995) 2 Commercial Dispute Resolution Journal 23, 23-40.
  2. Exploding the empowerment myth of alternative dispute resolution&rdquo, (1996-7) 3 Commercial Dispute Resolution Journal 13, 13-23.
  3. "Mediating in Aboriginal communities", (1996-7) 3 Commercial Dispute Resolution Journal 245, 245-258.
  4. "Liability of lawyers to advise on alternative dispute resolution options", (1998) 9 Australian Dispute Resolution Journal 292, 292-303.
  5. "Mandatory mediation and neutral evaluation: A reality in New South Wales", (2000) 11 Australasian Dispute Resolution Journal 237, 237-253.
  6. "Alternative learning strategies for legal skills and vocational training" (co-authored with Associate Professor Geoff Monahan from UTS) (2001) 3 UTS Law Review 210, 210-231.
  7. "ADR for undergraduates: Are we wide of the mark?" (2002) 13 Australasian Dispute Resolution Journal 22 (co-authored with Marilyn Scott from UTS), 22-35.
  8. "Remedies: A bar to the enforceability of dispute resolution clauses" (2002) 13 Australasian Dispute Resolution Journal 85, 85-97.
  9. "To what degree of certainty must a dispute resolution clause be drafted?" (2003) 14 Australasian Dispute Resolution Journal 153, 153-164.
  10. "Mediation arrives in Fiji" (2004) 15 Australasian Dispute Resolution Journal 97, 97-107 [11 pages].
  11. "Costs sanctions against parties refusing to mediate" (2005) 16 Australasian Dispute Resolution Journal 15, 15-29.
  12. "Judicial Mediators: Is the time right? Part I" (2006) 17 Australasian Dispute Resolution Journal 130, 130-139.
  13. "Judicial Mediators: Is the time right? Part 2" (2006) 17 Australasian Dispute Resolution Journal 189, 189-199.
  14. "Deal or no deal: teaching on-line negotiation to law students" (co-authored with Dr Samantha Hardy from UQ) (2008) 8(1) QUT Law & Justice Journal 93, 93-117.
  15. "The decline of the trial in Australia" (2011) 30(2) The Arbitrator and Mediator 1, 1-10.
  16. "Curriculum mapping to embed graduate capabilities" (2012) 31 Higher Education Research & Development 217, 217-231.
  17. "Landing in the right class of subject to contract agreements" (2015) 26 Australasian Dispute Resolution Journal 75, 75-85.
  18. "Jury instructions: comparing hearing and deaf jurors" comprehension via direct or mediated communication&rdquo (co-authored with Professor Jemina Napier) (2017) 24(1) International Journal of Speech, Language and the Law, 1-29.
  19. "Deaf citizens as jurors in Australian courts: participating via professional interpreters" (co-authored with Professors Sandra Hale and Jemina Napier and Ms Mehera San Roque) (2017) 24(2) International Journal of Speech, Language and the Law, 151-176.
  20. "Justice is blind as long as it isn't deaf - excluding deaf people from jury duty: an Australian human rights breach" (2017) 23(3) Australian Journal of Human Rights, 332-350. 
Research

 Competitive Research Grants:

  • 2005    -    Macquarie  Research Development Grant - The Vanishing Trial Phenomenon - $12,000
  • 2008    -    La Trobe University Curriculum Renewal Competitive Grant - Curriculum Mapping Project - $100,000
  • 2009    -    La Trobe University Faculty of Law & Management competitive grant on developing skills based education - $20,000
  • 2009    -    Co-Investigator on Australian Learning & Teaching Council Project with Griffith University - Developing program leader networks and resources to enhance learning and teaching in multi-campus universities - $250,000
  • 2009    -    Collaborative partner in Australian Learning & Teaching Council Fellowship with fellow Professor Stephen Billett from Griffith University - Curriculum and Pedagogic bases for effectively integrating practice-based experiences - $339,685
  • 2012    -    Co-Chief Investigator, Australian Reserach Council Linkage Grant - Deaf Jurors Investigation, with University of New South Wales, Heriot Watt Univeristy and the University of Alberta - $268,000
  • Winner of the 2017 "Andrea Durbach Award for Human Rights Scholarship" awarded by the Australian Human Rights Institute and the Australian Journal for Human Rights for the article, "Justice is blind as long as it isn't deaf: Excluding deaf people from jury duty - an Australian human rights breach" (2017) 23(3) Australian Journal of Human Rights 332, 332-350 (awarded 22 March 2018).
Experience

Former practising Solicitor admitted to the Supreme Court of NSW and the High Court of Australia. Associate member of the Law Institute of Victoria. Accredited mediator and Associate of the Institute of Arbitrators and Mediators Australia (now Resolution Institute). 

Professional Memberships

Membership of Editorial Boards:

  • Australasian Dispute Resolution Journal (Thomson Reuters)
  • Title author, Laws of Australia (Thomson Reuters)
  • ERA 2015 Peer Reviewer
  • ARC Assessor 2012-present

 Recent Invitations to Referee Journal Articles:

  • Sydney University Law Review (2010)
  • Melbourne University Law Review (2009)
  • Legal Education Review (2006-2008)
  • Queensland University of Technology Journal of Law & Justice (2006)
  • Australasian Dispute Resolution Journal (1999-current)
  • ERA 2015 Peer Reviewer
  • ARC Assessor 2012-present

 Membership of Associations & Professional Bodies:

  • Law Institute of Victoria
  • NSW Law Society 1992-2007
  • Australasian Law Teachers Association (past member)
  • Australian Professional Legal Education Council (past member)
  • Associate of the Institute of Arbitrators & Mediators Australia since 2005
  • Higher Education Research and Development Society of Australasia
 

Have a question?

askacu

We're available 9am–5pm AEDT,
Monday to Friday

If you’ve got a question, our AskACU team has you covered. You can search FAQs, text us, email, live chat, call – whatever works for you.

Live chat with us now

Chat to our team for real-time
answers to your questions.

Launch live chat
Visit our FAQs page

Find answers to some commonly
asked questions.

See our FAQs