Profile image of Sharon Erbacher

Dr Sharon Erbacher



Senior Lecturer (Tort Law)


Faculty of Business and Law


Deakin Law School


Geelong Waterfront Campus


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



Sharon Erbacher is a Senior Lecturer and the LLB Course Director in Deakin Law School.  Sharon teaches Torts Law and Misleading Conduct and Economic Torts at the Deakin Waterfront campus and off campus.  She has previously taught an elective unit on Restitution Law.  Sharon 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.

Her main research interests are Negligence Law, Defamation Law, Misleading Conduct, Product Liability and Restitution Law.  Sharon has published books in Restitution Law and Negligence and Illegality and contributes three chapters to Mendelson, New Law of Torts, on Defamation, Deceit and Injurious Falsehood. She has co-authored the sixth edition of Clarke and Erbacher, Australian Consumer Law: Commentary and Materials (previously, Corones and Clarke, Australian Consumer Law: Commentary and Materials), published in 2018.

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'. This has been published as a monograph with Hart Publishing (UK), entitled 'Negligence and Illegality'.

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.

Read more on Sharon's profile

Research interests

  • Restitution Law
  • Negligence Law
  • Defamation Law
  • Misleading Conduct

Teaching interests

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

Units taught

  • MLL213 - Torts Law
  • MLL117 - Misleading Conduct and Economic Tort
  • MLL733 - Restitution Law
  • MLL114 - Criminal Law

Knowledge areas

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


  • Teaching Excellence Award, Deakin University, 2010.
  • Lecturing Legends Award, Faculty of Business and Law, 2011.
  • Teaching Excellence Award, Deakin University, 2013.


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Negligence and illegality

S Erbacher

(2017), Portland, Or., A1


Another misstep in negligence and illegality

S Erbacher

(2017), Vol. 27, pp. 1060-1086, New Zealand universities law review, Wellington, New Zealand, C1

journal article

Causation in negligence : from anti-jurisprudence to principle - individual responsibility as the cornerstone for the attribution of liability

M Bagaric, S Erbacher

(2011), Vol. 18, pp. 759-772, Journal of law and medicine, Sydney, N.S.W., C1

journal article

Obesity and the right to sue: would you like fries with that?

S Erbacher, M Bagaric

(2006), Vol. 80, pp. 62-65, Law institute journal : the official organ of the Law Institute of Victoria, Melbourne, Vic., C1

journal article

Fat and the law: who should take the blame?

M Bagaric, S Erbacher

(2005), Vol. 12, pp. 323-339, Journal of law and medicine, Pyrmont, NSW, C1

journal article

Unsafe leased residential premises: a landlord's liability in negligence to injured occupants

S Erbacher

(2002), Vol. 13, pp. 134-144, Insurance law journal, Sydney, N.S.W., C1

journal article

An account of profits for a breach of contract (Attorney-General v Blake)

S Erbacher

(2001), Vol. 29, pp. 73-77, Australian business law review, Sydney, N.S.W., C1

journal article

Funded Projects at Deakin

No Funded Projects at Deakin found


Principal Supervisor

John Donnelly

Thesis entitled: Concepts and Principles in Unjust Enrichment: A Comparative Study

Doctor of Juridicial Science, School of Law

Associate Supervisor

Carol Anne Newlands

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

Doctor of Philosophy, Deakin Law School