Profile image of Danuta Mendelson

EmPr Danuta Mendelson

STAFF PROFILE

Position

Emeritus Professor

Faculty

Faculty of Business and Law

Department

Office of the Exec Dean B&L

Campus

Off-Campus (Home)

Qualifications

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

Contact

Biography

Professor Danuta Mendelson is a Professor and Research Chair in Law in Deakin Law School. Danuta 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. Danuta's fields of research include; legal causation, abatement of medical treatment, palliative care and euthanasia, consent to and the 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 the law of torts and health jurisprudence in Australia and internationally, her books and articles have been cited with approval by numerous international scholars, and the judiciary, including the High Court of Australia. Danuta's 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), by providing assistance to the Attorney-General’s department, National Security and Law Enforcement organisations, to meet imminent and complex legal challenges relating to legal aspects  of Big Data, individual rights, privacy and national security. The CRC has a total investment of $88 million, including $25 million grant from the Australian Federal government over the period of five years.

Danuta is a member of the Centre for Cyber Security, Research and Innovation at Deakin University.

Read more on Danuta's profile

Research interests

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

Affiliations

  • Member, Australian & New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL). 
  • Fellow, Center for International Legal Studies.
  • Elected Titular Member, International Academy for Comparative Law (Academie Internationale de Droit Compare). 
  • Board Member, International Academy of Law and Mental Health. 
  • Executive Member, International Association for the Study of Pain.
  • Member,  International Association of Jewish Lawyers and Jurists.
  • Joint Editor, Legal Issues, Journal of Law and Medicine.
  • Member of Editorial Board, International Journal of Law and Psychiatry. 
  • Editorial Board, Journal Law, Information and Science. 
  • Editorial Board, Journal of Opioid Management. 

Teaching interests

  • Legal Research
  • Honours

Knowledge areas

  • Law of Torts
  • Medical Jurisprudence
  • Comparative Law
  • Legal History
  • Statutory Interpretation

Conferences

  • 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, Austria, 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, Austria, 12-17 July 2015.
  • Mendelson, D., 'Disciplinary Proceedings for Over-prescription of Opioid Medications by Physicians in Australia (2010-2014)', International Conferences on Opioids, Joseph B. Martin Conference Center, Harvard Medical School, USA, 7-10 June 2014.
  • 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, Australia, 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.
  • Mendelson, D., 'Regulation of Oxycontin & Other Schedule 8 Medications', Australian Medical Association (Victorian Branch), Australia, 2012.
  • Mendelson, D., 'Abolition of Expert Witness Protection by the United Kingdom Supreme Court in the case of Jones v Kaney [2011] UKSC 13', Satellite Symposium on Contemporary Medico-legal Issues and Pain, 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, Australia.
  • Mendelson, D.Plenary Lecture: 'Conscientious Objection and the Law', Bioethics Colloquium, Australian Catholic University, Australia, 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', XXXII International Congress on Law and Mental Health, Humboldt University, Germany, 17-23 July 2011.
  • 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, Germany, 17-23 July 2011.
  • Mendelson, D., 'Law Relating to Withholding and Abatement of Life-saving and Life-prolonging Treatment in Australia', Law Faculty, Uppsala University, Sweden, 2010.

Research groups

  • Private Law and Medical Jurisprudence

Awards

  • 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, 2009-2012.
  • Pfizer Prize,  Best Non-Psychiatrist Presentation,  'Intersections of Law and Psychiatry: Patients’ Competency to Decide to Withdraw or Withhold Medical Treatment', International Journal of Law and Psychiatry, 39th Congress of the Royal Australian and New Zealand College of Psychiatrists Christchurch, New Zealand, 10-13 May 2004.
  • A prize for Excellence in Research, Faculty of Business and Law, Deakin University,  2003.
  • ARC Discovery Grant, 'Electronic Health Records: Achieving an Effective and Ethical, Legal and Record-Keeping Framework', 2001.
  • Australian Award (Joint) for Excellence in Academic Publishing, Torts (Sydney: Butterworths), 1997.
  • Butterworths Prize for Taxation Law (Undergraduate), 1985.

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.

Publications

No publications found

Funded Projects at Deakin

Other Public Sector Funding

The Food Alliance (formerly the Food Policy Coalition)

Prof Mark Lawrence, Prof Boyd Swinburn, Prof Danuta Mendelson, Mrs Kathy McConell

VicHealth Tender

  • 2014: $50,000
  • 2013: $170,000
  • 2012: $160,000
  • 2011: $130,000
  • 2010: $130,000
  • 2009: $130,000

Other Funding Sources

Big Data Technology and National Security: Comparative International Perspectives on Strategy, Policy and Law in Australia, the United Kingdom, the United States, New Zealand and Canada

Prof Louis De Koker, Prof Danuta Mendelson, Prof Janet Chan, A/Prof Lyria Bennet Moses, Dr Alana Maraushat

Data to Decisions CRC

  • 2016: $78,383
  • 2015: $73,121

Guiding principles in the design, regulation, implementation, governance and oversight of data-based decision-support technologies for law enforcement and national security - Project A1

Prof Louis De Koker, Prof Pompeu Casanovas Romeu, Prof Danuta Mendelson, Dr Bridget Bainbridge, A/Prof Lyria Bennet Moses, Prof Janet Chan, Dr Alana Maraushat, Mr David Vaile

Data to Decisions CRC

  • 2016: $34,439

Identity assurance - B1

Prof Louis De Koker, Prof Pompeu Casanovas Romeu, Prof Danuta Mendelson, Dr Bridget Bainbridge, A/Prof Gabrielle Wolf, Prof Sandeep Gopalan

Data to Decisions CRC

  • 2016: $115,535

Supervisions

Principal Supervisor
2022

George Douglas Raitt

Thesis entitled: Misuse of Market Power and the Hypothetical Competitive Market Standard

Doctor of Philosophy, Deakin Law School

2021

Carol Anne Newlands

Thesis entitled: The Legal Nature of Medical Panels and Medical Questions

Doctor of Philosophy, Deakin Law School

Richard James Polkinghorn

Thesis entitled: Vulnerable Adults, Law and Virtue Jurisprudence in the Victorian Civil and Administrative Tribunal and in the Court of Protection in England and Wales

Doctor of Philosophy, Deakin Law School

2017

Rachel Anne Carter

Thesis entitled: National Catastrophe Insurance Scheme: Legal and Institutional Aspects

Doctor of Philosophy, Deakin Law School

2012

Ian Charles Wheatley

Thesis entitled: Professional Autonomy of Victorian Surgeons in the Context of Law and Ethics

Doctor of Philosophy, School of Law

Executive Supervisor
2017

Theodosios Alexander

Thesis entitled: A Rational Approach to Sentencing White-Collar Offenders

Doctor of Philosophy, Deakin Law School

Associate Supervisor
2016

Rami Hanegbi

Thesis entitled: Retirement Policy in an Ageing Society

Doctor of Philosophy, Deakin Law School

2015

Sharon Erbacher

Thesis entitled: Negligence and the Wrongdoing Plaintiff: A Corrective Justice Analysis

Doctor of Philosophy, Deakin Law School

2014

Neera Bhatia

Thesis entitled: Medico-Legal Decision Making for Incapacitated Neonates

Doctor of Philosophy, School of Law

2008

Keith Raymond Akers

Thesis entitled: An Analysis of Australian Law Regarding Animal usage in Bio-medical Research

Doctor of Philosophy, School of Law