Staff profile - Sharon Erbacher

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Dr Sharon Erbacher

Position: Senior Lecturer
Faculty or Division: Faculty of Business and Law
Department: BL Law
Campus: Geelong Waterfront Campus
Phone: +61 3 522 72074 +61 3 522 72074


Biography summary

Sharon Erbacher is a senior lecturer at Deakin.  Sharon teaches the units MLL213 Torts Law and MLL217 Misleading Conduct and Economic Torts at the Deakin Waterfront campus and off campus.  She has previously taught an elective unit on Restitution Law.  She has been the recipient of a number of teaching awards at the School, Faculty and University level, including a Deakin University Award for Teaching Excellence in 2010.

Sharon’s main research interests are Negligence Law, Defamation Law and Restitution Law.  She has published a book in Restitution Law and has co-authored a second book on Restitution with Jason Taliadoros, due for publication in late 2014.  She contributes three chapters to Mendelson, New Law of Torts, on Defamation and Deceit and Injurious Falsehood. 

Sharon obtained Bachelor of Commerce and Bachelor of Law Degrees from the University of Queensland, and a Masters of Laws from Cambridge University. She completed a PHD through Deakin University on the topic  'Negligence and the Wrongdoing Plaintiff:  A Corrective Justice Analysis'.

Prior to joining Deakin Sharon worked as an Associate to Justice  Brennan in the High Court of Australia and as an Associate to Justice Spender in the Federal Court of Australia.  She completed her Articles of Clerkship at Freehill, Hollingdale and Page before commencing as a lecturer in the Law Faculty at Griffith University.


  • Bachelor of Commerce, University of Queensland, 1987
  • Bachelor of Law(s), University of Queensland, 1990
  • Master of Laws, University of Cambridge, 1994
  • Doctor of Philosophy, Deakin University, 2015

Professional activities

  • Member, Referee panel, Deakin University Law Review
  • Member, Referee panel, Melbourne University Law Review
  • Member, Torts, Jurisprudence, Econonics Hub – Deakin University


Teaching Interests

  • Torts Law
  • Restitution Law
  • Product Liability
  • Misleading Conduct

Subjects and units currently teaching

  • Torts Law
  • Misleading Conduct and Economic Tort
  • Restitution Law

Knowledge areas

Torts Law, Restitution Law, Misleading Conduct, Product Liability


Awards and prizes

Deakin University, Teaching Excellence Award, 2010

Faculty of Business and Law, 'Lecturing Legends' Award 2011

School of Law, Teaching Excellence Award, 2013


Research interests

  • Restitution Law
  • Negligence Law
  • Defamation Law




Erbacher S, Restitution Law:  Text, Cases and Materials, 1998, Cavendish Publishing (700 pp)

Erbacher S, Australian Restitution Law, 2nd ed, 2002, Routledge

Talidoros J and Erbacher S, The Laws of Australia - Restitution, 2014, Thomson Reuters (forthcoming)

Book Chapters

Chapters 7, 20 and 21 in Mendelson D, The New Law of Torts, 2007, Oxford University Press
Chapters 7, 21 and 22 In Mendelson D, The New Law of Torts, 2nd ed 2010, Oxford University Press

Chapter 7, 21, 22 in Mendelson D, The New Law of Torts, 3rd ed, 2014, Oxford University Press (forthcoming)

Refereed Articles

Mirko Bagaric and Sharon Erbacher, ‘Causation in negligence:  From anti-jurisprudence to principle – Individual responsibility as the cornerstone for the attribution of liability’ (2011) 18 Journal of Law and Medicine 1.

Erbacher S, ‘Unsafe leased residential premises:   A landlord’s liability in negligence to injured occupants’ (2002) 13(2) Insurance Law Journal 134-144

Erbacher S, ‘An account of profits for a breach of contract’ (2001) 29(1) ABLR 73

Erbacher S, ‘The High Court speaks on reservation of title clauses’ (2000) 28(3) ABLR 230

Erbacher S, ‘Recent Developments in restitutionary recovery of contractual payments:  Roxborough v Rothmans of Pall Mall Australia Ltd’ (2000) 28(3) ABLR 226

Erbacher S, ‘Builders’ Liability for Latent Defects:  Recent Developments in the Torts-Contract Demarcation Dispute’ (1996) 15 Tas LR 105

Refereed case notes

Erbacher S, ‘Access to Medical Records:  Breen v Williams’ (1996 3 Deakin Law Review 67

Major Reviews

Title 29 ‘Restitution Law’ for The Laws of Australia, Law Book Company (250 pp).

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