Profile image of Athula Pathinayake

Mr Athula Pathinayake



Lecturer (Clinical)


Faculty of Business and Law


BL Law


Melbourne Burwood Campus


Master of Professional Education & Training (MPET), Deakin University, 2007
Graduate Certificate of Higher Education, Deakin University, 2006
Master of Business Administration, Sri Jayawardenapura Uni, 1999
Master of Laws, University of Sydney, 1993
Diploma in Internal Affairs, Bandaranaike CenFor Intl Stud., 1989
Certificate of Attorney at Law, Sri Lanka Law College, 1985



Athula Pathinayake is a Lecturer in Deakin Law School. Athula is the Executive Director of Deakin Law School's Centre on the Legal Profession and is the Principal Lawyer in his own practice. As a both academic and a practising lawyer, he is well-respected for his specialist knowledge and practice in the areas of commercial and corporations law, as well as migration and refugee law.

Athula's depth of knowledge has been acquired through over 35 years in his field, having practised and worked as a lawyer in Australia, Sri Lanka and as an academic in Australia, Sri Lanka, Singapore, China, Indonesia and Malaysia. This adds an international perspective to his teaching and his work.

He has built an impressive network who occasionally assist in Deakin Projects. Both students and clients find him an invaluable source of assistance.

Athula's qualifications include an LL.M (University of Sydney), MBA (Universtiy of Sri Jayewardenepura, Sri Lanka), and a Master of Professional Education and training (Deakin University). He also gained attorney at Law at Sri Lanka Law College, a Grad. Dip from the Leo Cusson Institute, Victoria and a Diploma in International Affairs at BCIS, Colombo Sri Lanka.

He is currently reading for his Doctor of Philosophy on Seeking Alternatives to Prison; Pursuing Evidence-Based Sentencing and Applying Technology to Criminal-Based Sanctions.

Read more on Athula's profile

Research interests

  • Commercial Law
  • Corporate Law
  • Migration Law


  • Member, Law Institute of Victoria (LIV).
  • Life Member, Bar Association of Sri Lanka.
  • Life Member, Medico-Legal Society of Sri Lanka.
  • Member, Migration Institute of Australia.
  • Attorney at Law, Supreme Court of Sri Lanka.
  • Principal Lawyer, Pathinayake Lawyers Pty Ltd.

Knowledge areas

  • Commercial Law
  • Corporate Law
  • Migration Law
  • Refugee Law
  • Sentencing

Media appearances

  • Interview to Beijing Post (China), Leader (Sri Lanka).
  • Analysis on Australian Politics (SBS Radio, Australia).
  • Sri Lanka Rupavahini Corporation (Morning TV show).


  • Establishment of Centre on the Legal Profession
  • Establishment of Deakin Law Clinic
  • Establishment of Deakin Executive Training Programs


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Contextualizing specific deterrence in an era of mass incarceration

Athula Pathinayake

(2019), Vol. 18, pp. 141-171, Connecticut public interest law journal, Hartford, Conn., C1

journal article

Should we deter against general deterrence?

A Pathinayake

(2018), Vol. 9, pp. 63-115, Wake Forest journal of law and policy, Winston-Salem, N.C., C1

journal article

The effectiveness of the objective of incapacitation: Is it s a myth?

A Pathinayake

(2018), Vol. 21, pp. 333-366, Journal of gender, race and justice, Iowa City, Ia., C1

journal article

Jail up; crime down does not justify Australia becoming an incarceration nation

M Bagaric, A Pathinayake

(2015), Vol. 40, pp. 64-96, Australian bar review, Sydney, N.S.W., C1

journal article

The Paradox of Parity in Sentencing in Australia: The Pursuit of Equal Justice That Highlights the Futility of Consistency in Sentencing

Mirko Bagaric, Athula Pathinayake

(2013), Vol. 77, pp. 399-416, The Journal of Criminal Law, C1

journal article

Mandatory Harsh Penalties for People Smugglers in Australia: Time for Reform

M Bagaric, A Pathinayake

(2012), Vol. 76, pp. 493-511, The Journal of Criminal Law, C1

journal article

The fallacy of general deterrence and the futility of imprisoning offenders for tax fraud

M Bagaric, T Alexander, A Pathinayake

(2011), Vol. 26, pp. 511-540, Australian tax forum, Sydney N.S.W., C1

journal article

Funded Projects at Deakin

No Funded Projects at Deakin found


No completed student supervisions to report