Contact: j.malbon@griffith.edu.au
Campus: Brisbane South (Nathan)
ORCID: 0000-0003-3206-7982
Professor Malbon is an Adjunct Professor at the Griffith Law School. He teaches and researches in the fields of international trade law, intellectual property and consumer and commercial law. His publications include the following books: ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges, with L Nottage, J Paterson and C Beaton-Wells (Cambridge University Press, 2019); Australian Export: A guide to law and practice 2nd edition (Cambridge University Press, 2015) with B Bishop; The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights: A Commentary, (Edward Elgar, UK 2014) with C Lawson and M Davison and Consumer Law and Policy in Australia and New Zealand, (Federation Press, Sydney 2013) with Luke Nottage.
He is a former Professor, Monash Faculty of Law (2008-2018), and prior to that a member of the Griffith Law School faculty, including as a previous Dean of the Faculty. He was a Visiting Scholar at the Institute Advanced Legal Studies, University of London, the Orfelea Centre for Global and International Studies, University of California, Santa Barbara, the Boston College of Law, the Law School, Cambridge University and the European University Institute, Florence Italy. He was also a Visiting Fellow, Wolfson College, Cambridge.
Member Law Futures Centre
Degrees
- PhD, Law School, University of New South Wales (2003)
- Master of Laws, Osgoode Hall Law School, York University, Toronto, Canada (1986)
- Bachelor of Laws, University of Adelaide (1977)
Research outputs
2020
- “Reimagining the New Pedagogical Possibilities for Universities Post-Covid-19” with Peters, M., Rizvi, F, et al (2020) Educational Philosophy and Theory pp.1-44
2019
- ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges, with L Nottage, J Paterson and C Beaton-Wells (Cambridge University Press, 2019)
2018
- Australian Export: A guide to law and practice 2nd edition (Cambridge University Press, 2015) with B Bishop
- “(In)effective Disclosure: An experimental study of consumers purchasing home contents insurance”, Monash Business School and Monash Faculty of Law, research report. (2018) (with H. Oppewal) – 179 pages
2017
- “A proposal for a Global Ombudsman Service”, (2017) 109 Amicus Curiae 1
2016
- “Geo-Pricing of Digital Media: European and Australian Policy Debates Compared” in Media Diversity Law: Australia and Germany Compared, Gounalakis, G. & Taylor, G. (eds.). (Germany: Peter Lang, 2016) p. 247-272
- “Comparative Analysis of Overseas Consumer Policy Frameworks” (Commonwealth of Australia, 2016, ISBN 978 1 925220 95 7) (with Stephen Corones, Sharon Christensen, Allan Asher and Jeannie Paterson) report - 228 pages
- Development of Public Awareness Models for Consumer Protection: Models and Guidelines -series of technical reports for the ASEAN Australia Development Cooperation Program Phase II (2014-16)
2015
- “The Social Utility of Resentment” in The Emotions and Actions of Revenge. de Souza Tavares, R. & Chauhan, V. (eds.) (Oxford UK: Inter-Disciplinary Press 2015) p. 111 - 119
- “Consumer Credit and Banking” Project on Strengthening Technical Competency for Consumer Protection in ASEAN for UNCTAD and ASEAN (2015) 115 pages
2014
- The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights: A Commentary, (Edward Elgar, UK 2014) with C Lawson and M Davison
2013
- Consumer Law and Policy in Australia and New Zealand, (Federation Press, Sydney 2013) ed with Prof Luke Nottage
- “Bank-Community Development Finance Institution Partnerships as a Means for Addressing Financial Vulnerability”, in International Responses to Crisis: Credit, Over-indebtedness and Insolvency (Ashgate, 2013) T Wilson ed
- “Responsible Lending, Unjust Terms and Hardship” in Malbon and Nottage (eds) Consumer Law and Policy in Australia and New Zealand (Federation Press, Sydney 2013) pp.241-261
- “Consumer Complaints” in Malbon and Nottage (eds) Consumer Law and Policy in Australia and New Zealand (Federation Press, Sydney 2013) pp.339-365
- “Introduction” in Malbon and Nottage (eds) Consumer Law and Policy in Australia and New Zealand (Federation Press, Sydney 2013) pp.3-38
- “Online Cross-border Consumer Transactions: A Proposal for Developing Fair Standard Form Contract Terms” (2013) 37 University of Western Australia Law Review 20-44
- “Taking Fake Online Consumer Reviews Seriously” (2013) 36 Journal of Consumer Policy 139-157
- Consumer Strategies for Avoiding Negative Online Purchasing Experiences: A Qualitative Study, (2013) 20 Competition and Consumer Law Journal 249-275
Funded research
- An Empirical Study of the Effectiveness of Product Disclosure and Key Fact Statements for House and Contents Insurance, for the Financial Rights Legal Centre (2016-17) ($80,000)
- ASEAN-Australia Development Cooperation Program (AADCP) Phase II, Development of Public Awareness Models for Consumer Protection 2014-15 ($35,000)
- ASEAN-Australia Development Cooperation Program (AADCP) Phase II, Supporting Research and Dialogue in Consumer Protection (2013-15) ($35,000)
- “Consumer Credit and Banking” Project on Strengthening Technical Competency for Consumer Protection in ASEAN for UNCTAD and ASEAN ($30,000) (2015)
- “Contracting in the digital age: consumer evaluations of salient terms”, Monash Law School, small grant for ARC grant application, ($5,000) 2010
“Better carbon abatement rules through consumer advocacy: Learning from European Experience on the Regulation of Energy” funded by the National Consumer Advocacy Centre ($100,000) 2009 - Funding for the establishment of a Centre for Credit and Consumer Law at Griffith University from the Office of Fair Trading ($130,000 per annum for 3 years) (2004-2006)
- “Developing a systematic, inclusive and just jurisprudential account of TRIPS” ARC Discovery Grant ($140,000 over 3 years, 2004-2007)
- “Format Flows in The Asia/Pacific Region: Economic, Legal And Cultural Implications” ARC Discovery Grant ($180,000) – (2002-2004)
- “Credit Where Credit’s Due? Information Costs and Price Competition under the Consumer Credit Code”, Griffith University Research Grant with Dr Michael Whincop ($12,000 project) (2001)
- “Copyright and Artists’ Contracts in a Digital Age” ARC SPIRT Grant with Professor Brad Sherman ($60,000 project) – completed (2000-2003)
- “A Review of the operations of Youth Legal Aid branch of Queensland Legal Aid” for Queensland Legal Aid (with Fiona Guthrie) ($10,000 project) (2001)
- “A Review of the operations of the Child Protection branch of Queensland Legal Aid” for Queensland Legal Aid (with Fiona Guthrie) ($30,000 project) (2001)
- “Survey of Consumer Behaviour under the Consumer Credit Code” for Council of Australian Ministers for Consumer Affairs. ($120,000 project) (1999)
- “Reforming the Queensland Coronial Court System” for the Queensland Department of Families, Youth and Community Care (with Geoff Airo-Farulla and Cate Banks) ($60,000 project) (1997)
Professional
- Committee Member, Law Council of Australia, Business Law Section, Competition and Consumer Committee, Melbourne (2014-present)
- Member Superannuation Complaints Tribunal (2011-2020)
- Panel Member, Financial Ombudsman Service (2007-2016)
- Board member of the Queensland Competition Authority (2001-2013)
- Board member Financial Industry Complaints Service Ltd (2002 – 2005)
Teaching and supervision
- International Trade Law
- International Commercial Arbitration
- Investor-State Arbitration