Staff profile - Danuta Mendelson

Staff image

Prof Danuta Mendelson

Position: Chair In Law (Research)
role description
Faculty or Division: Faculty of Business and Law
Department: BL Law
Campus: Melbourne Burwood Campus
Phone: +61 3 924 46733 +61 3 924 46733
Email: danuta.mendelson@deakin.edu.au

Biography

Biography

Professor Danuta Mendelson holds the Research Chair in Law at the Deakin School of Law. She has authored several books including The New Law of Torts [2014, 3rd edition, Oxford University Press]; and Interfaces of Medicine and Law: The History of the Liability for Negligently Caused Psychiatric Injury (Nervous Shock) [1998, Ashgate/Dartmouth]. She has also published several book chapters and some 90 peer-reviewed articles published in leading Australian and international journals. Her fields of research include legal causation; abatement of medical treatment; palliative care and euthanasia; consent to and refusal of medical treatment; confidentiality; malingering and the function of expert medical witnesses; electronic health records; damages; and torts law reform.

Recognised as a leading scholar in law of torts and health jurisprudence in Australia and internationally, Professor Mendelson's books and articles have been cited with approval by numerous international scholars, and the judiciary, including the High Court of Australia. Her work has directly and indirectly influenced the development of law in Australia.

She is the Key Researcher in the Law and Policy Program of the Data to Decisions Cooperative Research Centre (Data to Decisions CRC). This program provides assistance to the Attorney-General’s department, Defence, and National Security organizations to meet imminent and complex legal challenges relating to access, collection and management of large sets of data, individual rights, privacy and national security. The CRC has total investment of $88 million, including $25 million grant from the Australian Federal government over the period of five years. http://www.d2dcrc.com.au/.


Qualifications

  • Bachelor of Arts (1st Class Honours), Monash University, 1970
  • Master of Arts, Monash University, 1973
  • Doctor of Philosophy, Monash University, 1980
  • Bachelor of Law(s) (Honours), Monash University, 1988
  • Master of Laws, Monash University, 1995


Affiliations

MEMBERSHIP OF PROFESSIONAL ORGANISATIONS

Board Member: International Academy of Law and Mental Health (Montreal, Canada): http://www.ialmh.org/template.cgi

Elected Titular Member International Academy for Comparative Law/Academie Internationale de Droit Compare; (The Hague, the Netherlands) http://www.iuscomparatum.org/IACL

Executive Member & past Treasurer (Clinical Legal Issues in Pain, Special Interest Group of the International Association for the Study of Pain (Seattle, USA); http://www.iasp-pain.org

Member of the Organising and Scientific Committee for International Conferences on Opioids 10-12.June 2012; 9-11.June 2013; 7-10 June 2014 Joseph B. Martin Conference Center at Harvard Medical School, Boston, MA
http://www.opioidconference.org/Conference_Committee.html

Fellow: Center for International Legal Studies (Salzburg, Austria): http://cils.net/index.htm

In 2010 appointed an Ambassador for Club Melbourne, a body [that] facilitates the conduct of international scholarly gatherings in Victoria.

Member of Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL)

Member: International Association of Jewish Lawyers and Jurists (Jerusalem, Israel)

Member of the Consultative Committee on the review of Guardianship and Administration Act 1986 (Vic) for the Victorian Law Commission (Melbourne, Australia 2009-2011)


Professional activities

The major collaborative project of the Data to Decision (D2D) Group of the CRC for 2015 involves an in-depth examination of legal framework that supports "desirable" and "effective" Big Data practices within and among law enforcement and national security Agencies in Australia.   

Academic

Knowledge areas

Law of Torts; Medical Jurisprudence; Comparative law; Legal History; Statutory Interpretation


Conferences and seminars

Mendelson D, “Disciplinary proceedings against doctors who abuse controlled substances” 34th biennial World Congress of the International Academy of Law and Mental Health International Congress of Law and Mental Health Vienna, 12-17 July, 2015

Mendelson D, “The Concept of ‘Pain And Suffering’ In Law: Why are ‘Pain And Suffering’ Compensated? 34th biennial World Congress of the International Academy of Law and Mental Health International Congress of Law and Mental Health Vienna, 12-17 July, 2015

Mendelson D, “Disciplinary Proceedings for Over-prescription of Opioid Medications by Physicians in Australia (2010-2014)”, International Conferences on Opioids 7-10 June 2014 Joseph B. Martin Conference Center at Harvard Medical School, Boston, MA

Mendelson D, “From Nervous Shock to Posttraumatic Stress Disorder – Patterns in Legal History’ presented at the Annual Conference of the Forensic Section of Australian & New Zealand College of Psychiatrists, Darwin 17-19 July 2013

Mendelson D, 'From Nervous Shock to Posttraumatic Stress Disorder Patterns in Legal History' Annual Conference of the Forensic Section of Australian & New Zealand College of Psychiatrists

Darwin. Mendelson D, 'Regulation of Oxycontin & Other Schedule 8 Medications', Australian Medical Association (Victorian Branch). 2012

Mendelson D, 'Abolition of Expert Witness Protection by the United Kingdom Supreme Court in the case of Jones v Kaney [2011] UKSC 13; 2 A.C. 398', Satellite Symposium on Contemporary Medico-legal Issues and Pain, Como, Italy

Mendelson D, Dean's Professional Lecture: 'The Victorian Law Reform Commission Final Report on Guardianship and Administration Act 1986 (Vic); Concerns for Clinical Practice: Update', Monash Medical Center, Melbourne.

Mendelson D, Plenary Lecture: 'Conscientious Objection and the Law', Bioethics Colloquium, Australian Catholic University, Melbourne. 2011

Mendelson D, 'The High Court's decision in Wicks v State Rail Authority (NSW); Sheehan v State Rail Authority (NSW) [2010] HCA 22; 241 CLR 60 in International Perspective', at XXXII International Congress on Law and Mental Health, Humboldt University, Berlin Germany.

Mendelson D & Saunders A, 'Medical Treatment of Adults Admitted neither as Involuntary Patients nor under Guardianship, but Whose Capacity to Provide Valid Consent is Impaired' XXXII International Congress on Law and Mental Health, Humboldt University, Berlin, Germany.

Mendelson D, 'Recent developments in the law of compensation for psychiatric injury in Australia' for the Directors and the Senior Counsel of Munich Re, Munich, Germany

Mendelson D, 'Punitive Damages in 18TH century: an expression and an instrument of politics' Society of Legal Scholars, Cambridge University, Downing College, UK.

Mendelson D, invited presentation: 'Jurisprudence and History of Punitive Damages in Australia', Law Faculty, Uppsala University, Sweden.

Mendelson D, invited presentation: 'Law Relating to Withholding and Abatement of Life-saving and Life-prolonging Treatment in Australia' Law Faculty, Uppsala University, Sweden. 2010

Mendelson D, invited lecture: 'Punitive Damages Sensu Stricto in Australia' at the 15th Ius Commune Congress (Maastricht University; Catholic University of Leuven; University of Utrecht; University of Amsterdam) in Leuven. Belgium. Invited by Prof Ken Oliphant, the Director of the Institute for European Tort Law to chair sessions and provide commentary at a major international conference, Medical Malpractice and Compensation in Global Perspective, hosted by the Institute for European Tort Law in Vienna, Austria.

Awards

Awards and prizes

2009-2012 Victorian Health Foundation grant of $400,000 (excluding GST) to establish a Victorian Food Policy Coalition (together with Associate Professor Mark Lawrence, Dr Cate Burns, and Prof Boyd Swinburn).

2004 Pfizer prize for the best non-psychiatrist presentation at the 39th Congress of the Royal Australian and New Zealand College of Psychiatrists Christchurch, New Zealand 10-13 May 2004 for an invited paper on Intersections of Law and Psychiatry: Patients’ Competency to Decide to Withdraw or Withhold Medical Treatment. (published as: Mendelson D, ‘Roman Concept of Mental Capacity to Make End-Of-Life Decisions’ (2007) 30 International Journal of Law and Psychiatry 201-212).

2003 Deakin University, Faculty of Business and Law Prize for Excellence in Research.

2001 Awarded an ARC grant for a Discovery Project “Electronic Health Records: Achieving an Effective and Ethical, Legal and Record Keeping Framework”.

1997 Australian Award (joint) for Excellence in Academic Publishing for Mendelson D, Torts (Sydney: Butterworths, 1997).

1985 Butterworths Prize for Taxation Law (undergraduate).


Research

Research projects

Mendelson D, one of legal advisers on Ferrara SD, Baccino E, Boscolo-Berto R, et al, “Padova Charter on personal injury and damage under civil-tort law” (2015) 129 Int J Legal Med 1-12 DOI 10.1007/s00414-015-1244-9  The “Padova Charter” represents findings from the international study undertaken by the International Academy of Legal Medicine to serve as benchmark set of tests for determining personal injury cases in European civil courts.


Research interests

Law of Torts; Medical Jurisprudence; Comparative Law; Legal History; Interpretation of Statutes


Research grants

2013 - 2019 Data to Decisions Cooperative Research Centre (D2D CRC) Law and Policy program.

The Cooperative Centre Law and Policy program provides assistance to the Attorney-General’s department, Defence, and National Security organizations to meet imminent and complex Big Data challenges relating to privacy and security of data.

Mendelson D, Partner (Key Researcher); Prof Louis de Koker, Program Leader.

Total investment of $88 million, including $25 million grant from the Australian Federal government.

http://www.deakin.edu.au/buslaw/law/news/d2d-update.php

2009-2012 Victorian Health Foundation grant of $400,000 (excluding GST) to establish a Victorian Food Policy Coalition (together with Associate Professor Mark Lawrence, Dr Cate Burns, and Prof Boyd Swinburn).

2008 Business & Law Faculty Grant to organise and International Symposium on Food Law and Policy (16-18 January 2009) Special issue of the Deakin Law Review published the Symposium papers

2005-06 Deakin University International Study Program grant to work at the Centre for Legal Research, University of Texas, Austin, Texas

2004 Deakin University Bridging Grant by the Deputy Vice Chancellor (Research)

2001-2004 Australian Research Council Discovery Project grant for “Electronic Health Records: Achieving an Effective and Ethical, Legal and Record Keeping Framework” (leader of the team comprising of Livia Iacovino; Bernadette McSherry and Moira Paterson).

1999 Faculty of Business and Law, Deakin University grant to organise a Symposium on Causation in Law and Medicine
Commonwealth Department of Health and Aged Care grant to organise a Symposium on Causation in Law and Medicine

1994-96 Committee for Advancement of University Teaching (National Teaching Development Projects) grant from the for a Practical Legal Skills Training program for law students

1993 Monash Development Fund grant to design a Postgraduate Interdisciplinary Cross-Faculty Course in Medicine and Law (Professor Louis Waller and Mendelson D)


Research page

http://www.deakin.edu.au/dro/stats.php?browse=top50authors


Publications

Publications

Mendelson D, ‘Disciplinary Proceedings against Doctors who Abuse Controlled Substances’ (2015) 23 Journal of Law and Medicine 23-40.

Mendelson D, The New Law of Torts. 3rd edition, Oxford University Press, 2014

Mendelson D, The New Law of Torts Case Supplement. 3rd edition, Oxford University Press, 2014

Mendelson D, Interfaces of Medicine and Law: The History of the Liability for Negligently Caused Psychiatric Injury (Nervous Shock), Ashgate Pub Co 1998
Mendelson G & Mendelson D, ‘Persistent pain and the law: clinical and legal aspects of chronic pain’ in Pain, Eds: H van Griensven, et al, 2nd Edition, Churchill Livingstone, 2014, 369-383

Mendelson D & Rees A, ‘Medical Confidentiality and Patient Privacy’, in Health Law in Australia Eds: B White, et al, 2nd Edition, Thomson Reuters, 2014, 371-411

Mendelson D & Bagaric M, ‘La risoluzione dei conflitti familiari nell’esperienza australiana: la necessità di estendere ulteriormente la mediazione e di ridurre la funzione giudicante delle corti’ translated into Italian by A Perelli; in Ed: E Urso, "Le Ragioni Degli Altri" - Mediazione E Famiglia Tra Conflitto E Dialogo - Una prospettiva comparatistica ed interdisciplinare Firenze University Press, 2013, 168-178

Mendelson D, ‘Punitive Damages Sensu Stricto in Australia’ in The Power of Punitive Damages – Is Europe Missing Out? Eds: E Nordin & L Meurkens, Intersentia, 2012, 145-160

Mendelson D, ‘Torts’ in Appealing to the Future: Michael Kirby & His Legacy Eds: I Freckelton & H Selby, Thomson/Reuter Lawbook Co, 2009, 817-841

Mendelson D & Ashby M, ‘Arbitrating ‘end-of-life’ decisions: issues, processes, and the role of the law’ in Disputes and Dilemmas in Health Law Eds: I Freckelton & K Petersen Federation Press, 2006, 363-381.

Mendelson D, ‘Aspects of Causation in Hippocratic Medicine and Roman Law of Delict’ in Causation in Law and Medicine, Eds: I Freckelton & D Mendelson, Ashgate Pub Co, 2002, 58-83

Helme R & Mendelson D, ‘Causation in Alzheimer’s Disease and the Law’ in Causation in Law and Medicine, Eds: I Freckelton & D Mendelson, Ashgate Pub Co, 2002, 270-289

Mendelson D, ‘Historical Evolution and Modern Implications of the Concepts of Consent to, and Refusal of, Medical Treatment in the Context of the Law of Trespass’ (1996) in Medical Law and Ethics S McLean (Ed); Ashgate Publishing 2002, 111-183.

Mendelson D & Heywood I, ‘Minors’ decision-making capacity to refuse life-saving and life–sustaining treatment: legal and psychiatric perspectives’ (2014) 21 Journal of Law and Medicine 762-772

Mendelson D, Bagaric M, ‘Assisted Suicide through the Prism of Right to Life’
(2013) 36 International Journal of Law and Psychiatry 406-418

Mendelson D, Freckelton I, 'The Interface of the Civil and Criminal Law of Suicide at Common Law (1194-1845)’, (2013) 36 International Journal of Law and Psychiatry 343–349

Mendelson D, Mendelson G, ‘Opioid regulation: Time to reconsider the nomenclature and approach’ (2013) 21 Journal of Law and Medicine 27-38

Mendelson D, ‘Decriminalisation of abortion performed by qualified health practitioners under the Abortion Law Reform Act 2008 (Vic)’ (2012) 19 Journal of Law & Medicine 651-666

Mendelson D, ‘The Duchess of Kingston’s Case, the Ruling of Lord Mansfield and Duty of Medical Confidentiality in Court’ (2012) 35 International Journal of Law and Psychiatry 480-489

Mendelson D, ‘From Expert Witness to Defendant’ (2012) 20 Journal of Law & Medicine 250-260


Link to publications

http://www.deakin.edu.au/research/admin/pubs/reports/database/dynamic/output/person/person.php?person_code=mendeda


Page custodian: External Relations Group
Last updated: