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Professor
LLB (Hons), PhD (QUT)
Legal Practitioner, Queensland and High Court
Contact:
Room: C321 (Gardens Point campus)
Tel: (07) 313 81104
Fax: (07) 313 84253
Email: d.butler@qut.edu.au
Before joining the Faculty of Law full-time in January 1989 Des was employed by Brisbane solicitors Feez Ruthning (now Allens Arthur Robinson) and practised in the areas of commercial litigation (specialising in insurance litigation) and banking and finance. A former law medallist and dux of the then QIT (now QUT) Law School, he also tutored Torts part-time in the Faculty from 1985-87. He became a senior lecturer in 1995, Associate Professor in 2001 and Professor in 2004. He was appointed Assistant Dean, Research from November 1997 to 2002.
In 1996 he completed his doctorate on the topic "Evaluation of Judicial Approaches to Determining Tortious Liability for Psychiatric Injury Independent of Physical Injury Caused by Negligence in Australia and England". His major publications include Butler and Duncan, "Maritime Law in Australia" (1992) (Legal Books); the tutorial book Butler, "Contract Law: Questions and Answers" (1st edn 1999, 2nd edn 2005, 3rd edn 2009) (Lexis Nexis); the monograph Butler and Rodrick, "Australia Media Law" (1st ed 1999, 2nd edn 2004, 3rd edn 2007) (Thomson Lawbook); the monograph Willmott, Christensen, Butler and Dixon, "Contract Law" (1st edn 2001, 2nd edn 2005, 3rd edn 2009) (OUP); the monograph Butler, "Employer Liability for Workplace Trauma" (2002) (Ashgate); the monograph Butler, "Damages for Psychiatric Injury" (2004) (Federation Press); the monograph Butler and Mathews, "Schools and the Law" (2007) (Federation Press) and the casebook Butler, Christensen, Dixon and Willmott, “Contract Law Casebook” (2009 OUP). He is also a member of the editorial board of the International Torts Law Journal. He has written numerous articles, particularly in the areas of liability for psychiatric injury, negligence, defamation, contract law, and privacy. He was lead Chief Investigator for the project "Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice" which attracted an Australian Research Council Discovery grant in the amount of $250,000 for the 2006-2008 period and is a Chief Investigator for the project “Cyberbullying in Schools” which attracted an Australian Research Council Linkage Grant in the amount of $180,000 for the 2008-2010 period. He was also lead Chief Investigator for the cyberbullying in schools project which was funded in the amount of $15,000 by a Law Faculty Special Projects grant.
Des received Law Faculty awards for Research Excellence in 1992 and 2003 and for Achievement in Research in 2004. He received a University Award for Outstanding Academic Contribution for his research in 2000 and a Vice-Chancellor’s Performance Fund Award for Achievement in Research in 2008.
Des has been involved in creating multi-media projects designed to enhance learning in law since 1990. He wrote and produced the CECL computer tutorial and its later on-line version OSCaR in Contracts, wrote portions of and produced all video segments for the Crimson Parrot project and was a leading member of design and management teams for the LawSim template, as well as writing and producing modules using the template for the units Contracts (the "Whiskey Bravo" modules), and Torts (the “Vlad’s of Matavia” module). He also created "The Merlin Affair", a multimedia program fully integrated into the teaching and learning of Media Law. In addition he wrote and produced "Viva: the Video", an instructional video for students undertaking oral examinations and created "The Contracts Vignettes" video podcasts, a series of on-line multimedia segments for Contract Law students.. This was the first use of podcasting in the Law Faculty. He then created “Air Gondwana”, an on-line suite of modules designed to give students instruction in the theory and practice of negotiation, the project being funded by a $22,000 University Small Teaching Grant.
He followed “Air Gondwana” with “The OO Files”, a new suite of online tutorial modules in Contract Law, and is currently working on “Entry into Valhalla”, a series of modules combining video podcasts and vignettes concerning professional ethics. “Air Gondwana”, “The OO Files” and “Entry into Valhalla” all utilise images and machinima created using the “Second Life” virtual environment. This was the first use of “Second Life” in the Faculty and University.
In 2006 he was awarded a prestigious national Carrick Australia Award for Teaching Excellence in the Law, Economics, Business and Related Fields category. He has also received a Law Faculty Teaching Excellence Award in 2004, a Vice-Chancellor’s Distinguished Teaching Award in 2005 for his innovations in teaching and learning, particularly "The Merlin Affair", a University Innovator’s Award in 2006 (nominated by students) for “The Merlin Affair”, a Law Faculty Citation for Contribution to Student Learning in 2007 for “The Contracts Vignettes” podcasts and a Vice Chancellor’s Performance Fund Citation for Contribution to Student Learning in 2008 for “Air Gondwana”.
In 2008 he was the inaugural winner of another prestigious award, the Lexis-Nexis/Australasian Law Teachers Association Award for Excellence and Innovation in the Teaching of Law and in 2009 was awarded an Australian Learning and Teaching Council (formerly Carrick Institute) Teaching Fellowship for a project involving the development of the “Entry into Valhalla” program for teaching professional ethics and the transfer of the knowledge of producing cost-effective multimedia to other academics. Also in 2009 he was an investigator on a team led by Professor Sally Kift that was awarded an Australian Learning and Teaching Council Grant in the amount of $215,000 for a two year project entitled “Curriculum renewal in legal education: articulating final year curriculum design principles and a final year program”.
Units currently taught:
Research Interests:
- Liability for psychiatric injury,
- Negligence,
- Contract law,
- Media law,
- Defamation,
- Contempt.
Select Publications
- L Willmott, S Christensen D Butler and B Dixon, Contract Law 3rd edition Oxford University Press (2009) pages i-lxxviii, 1-906, ISBN 9780195561739.
- D Butler and B Mathews, Schools and the Law Federation Press (2007) pages i-xxvi, 1-262 ISBN 978 186287 624 8
- D Butler, Damages for Psychiatric Injury Federation Press (2004) pages i-xix, 1-155 ISBN 1 86287 491 3
- D Butler, Employer Liability for Workplace Trauma Ashgate Press (2002) pages i-xxi, 1-208 ISBN 0754622878
- D Butler and S Rodrick, Australian Media Law, Thomson Lawbook 3rd edition (2007) pages i-lxxvii, 1-629 ISBN 0 455 21902 8
- L Willmott, S Christensen and D Butler, Contract Law 2nd edition (2005) pages i-lxvii, 1-931, ISBN 019551736 9.
- D Butler and S Rodrick, Australian Media Law, LBC Information Services 2nd edition (2004) pages i-lxxvii, 1-629 ISBN 0 455 21902 8
- L Willmott, S Christensen and D Butler, Contract Law, Oxford University Press (2001) pages 1-lvi, 1-855, ISBN 0195510062
- D Butler and S Rodrick, Australian Media Law, LBC Information Services (1999) pages i-xxii, 1-569 ISBN 0 455 216754
- DA Butler and WD Duncan, Maritime Law in Australia, Legal Books (1992) pages i-lxx, 1-472 ISBN 1 86316 046 9
Refereed chapters in books
- D Butler and B Mathews, “School Education” in G Monahan and L Young, Children and the Law in Australia LexisNexis (2008) ISBN 9780409323900 pp 302-328
Other books
- D Butler, Contract Law: Questions and Answers, Butterworths 3rd edition (2009) pages i-xviii, 1-240, ISBN 9780409324785
- D Butler, S Christensen, B Dixon and L Willmott, Contract Law Case Book Oxford University Press (2009) ISBN 9780195566956
- D Butler, Contract Law: Questions and Answers, Butterworths 2nd edition (2005) pages i-viii, 1-232, ISBN 0409321338
- D Butler, Contract Law: Questions and Answers, Butterworths (1999) pages i-viii, 1-246
ISBN 0 409 31383 1
Refereed journal articles
- D Butler, S Kift and M Campbell “Cyber Bullying in Schools and the Law: Effective Means of Addressing the Power Imbalance?” Murdoch eLaw Journal Volume 16(1) (2009)
- D Butler, B Mathews, A Farrell and K Walsh, “Teachers’ Duties to Reported Suspected Child Abuse and Tortious Liability” accepted for publication Torts Law Journal Vol 17(1), pp 1-23 (2009)
- D Butler, ‘Air Gondwana: Teaching Basic Negotiation Skills Using Multi-Platformed Multimedia’ Journal of the Australasian Law Teachers Association Volume 1(1&2), pp 213-226 (2008).
- B Mathews, J Cronan, K Walsh, A Farrell and D Butler, Teachers’ Policy-Based Duties to Report Child Sexual Abuse: A Comparative Study Australia & New Zealand Journal of Law & Education Volume 13(2), pp 33-47 (2008).
- M Campbell, D Butler and S Kift, “A school’s duty to provide a safe learning environment: Does this include cyberbullying?” Australia & New Zealand Journal of Law & Education Volume 13(2), pp 21-32 (2008).
- B Mathews, D Butler, K Walsh and A Farrell, “School bullying and New South Wales teachers’ duties to report child abuse under mandatory reporting legislation: a reply to Healey” Australia & New Zealand Journal of Law & Education Volume 12(2), pp 43-55 (2007).
- B Mathews, K Walsh, D Butler & A Farrell, “Mandatory Reporting By Australian Teachers of Suspected Child Abuse and Neglect: Legislative Requirements and Questions for Future Direction” Australia & New Zealand Journal of Law & Education Volume 11(2), pp 7-22 (2006)
- D Butler, “Liability For Bullying At Schools In Australia: Lessons Still To Learnt” Education Law Journal Vol 7(4) pp 243-254 (2006)
- D Butler, “Psychiatric Injury in the Workplace: Directions for Cases Involving Stress or Bullying” Torts Law Journal Volume 14, pp 124-134 (2006)
- D Butler, “A Tort of Invasion of Privacy in Australia?” University of Melbourne Law Review Volume 29, pp 339-389 (2005)
- D Butler, “A Comparison of the Adoption of the Ipp Report Recommendations and Other Personal Injuries Liability Reforms” Torts Law Journal Volume 13, pp 203-214 (2005)
- D Butler, “Gifford v Strang and the new landscape for liability for psychiatric injury in Australia” Torts Law Journal Volume 12, pp 108-127 (2004)
- D Butler, “United States Supreme Court Upholds Claims for Emotional Distress from Fear of Cancer” Torts Law Review Volume 11, pp 6-9 (2003)
- D Butler, “An Examination of Competing Policy Considerations in Cases of Psychiatric Injury Resulting from Negligence” Torts Law Journal Volume 10, pp 13-40, 2002
- D Butler, “Voyages in uncertain seas with dated maps: recent developments in liability for psychiatric injury in Australia” Torts Law Journal Volume 9, pp 1-15, 2001
- D Butler, “Is Polly Peck at risk of losing its sting?” Media and Arts Law Review Volume 5, pp 259-266, 2000
- D Butler, “Lange revisited: exploring the implied freedom of communication concerning government or political matters” Media and Arts Law Review Volume 5, pp 145-158, 2000
- *D Butler, “Once more into the mire, dear friends! Determining the existence of a duty of care in negligence” National Law Review, Article No 3, 2000 (electronic journal)
- D Butler, “Breach of contract and contributory negligence: a prolonged debate finally resolved” Australian Business Law Review, Volume 28, pp 132-136, 2000
- D Butler, “Media Negligence in the Information Age: a New Frontier for a New Century?” Torts Law Journal Volume 8, pp 159-186, 2000
- D Butler, “Scandalising Contempt under the Family Court Act 1975 and ‘Institutionalised’ Bias” Media and Arts Law Review Volume 4, pp 277-283, 1999
- D Butler, “Enforcement of third party rights in Queensland pursuant to Property Law Act 1974 (Qld), s 55.” QUT Law Journal, Volume 14, pp 73-82, 1998
- *D Butler, “Pham v Lawson: widening the sphere for recovery for bystander nervous shock.” Torts Law Journal, Volume 6, No 3, pp 195-203, 1998
- D Butler, “Lange v Australian Broadcasting Commission: Its Effect in Defamation Code States” National Law Review, Article No 8, 1998 (electronic journal)
- D Butler, “Managing Liability for Bystander Psychiatric Injury in a post Hill v Van Erp environment” QUT Law Journal Vol 13, pp 152-174, 1997
- D Butler, “A ‘Kind of Damage’: Removing the ‘Shock’ from ‘Nervous Shock’” Torts Law Journal Vol 5, No 3, pp 255-275, 1997
- D Butler, “Identifying the Compensable Damage in ‘Nervous Shock’ Cases” Torts Law Journal, Volume 5, Number 1, pp 67-87, 1997
- D Butler, “Susceptibilities to Nervous Shock: Dispensing with the Mythical ‘Normal Person’” Macarthur Law Review, Volume 1, pp 107-138, 1997
- D Butler, “Nervous Shock at Common Law and Third Party Communications: Are Australian Nervous Shock Statutes at Risk of being Outflanked?” Torts Law Journal, Volume 4, Number 2, pp 120-136, 1996
- D Butler, “Mass Media Liability for Nervous Shock: A Novel Test for Proximity” Torts Law Journal, Volume 3, No.1, pp.75-96, 1995
- D Butler, “Proximity as a Determinant of Duty: the Nervous Shock Litmus Test” Monash University Law Review, Volume 21, No.2, pp.159-187, 1995
- D Butler, “Equitable Estoppel: Reflections and Directions” Corporate and Business Law Journal, Volume 6, No.2, pp.249-274, 1993
MWD White and DA Butler, “Admiralty Law in Papua New Guinea: The Federal Huron” QUT Law Journal, Volume 5, pp.163-166, 1990
Refereed conference papers
- D Butler, “Air Gondwana: Using ICT to create an authentic learning environment to teach basic negotiation skills” Higher Education Research and Development Society of Australasia Darwin July 2009
- D Butler, ‘Air Gondwana: Teaching Basic Negotiation Skills Using Multi-Platformed Multimedia’ Australasian Law Teachers Association Conference James Cook University, Cairns July 2008
- D Butler, “Air Gondwana: Imagination in Design, Imagination in Learning” International Imagination in Education and Learning Conference Canberra 2008
- K Walsh, B Mathews, A Farrell, and D Butler, “Researching effectiveness of mandatory reporting models for teachers’ reporting child sexual abuse: A cross-disciplinary study.” International Society for the Prevention of Child Abuse and Neglect 16th International Annual Congress on Child Abuse and Neglect. York, England 3-6 September 2008.
- D Butler “Civil liability for cyber bullying in schools: A new challenge for psychologists, schools and lawyers” Australasian Psychological Society Conference, Brisbane September 2007
- D Butler “Jane Doe v ABC and Media Liability for Disclosing Personal Information: Four Bold Steps?” Australasian Law Teachers Association Conference University of Western Australia, Perth Western Australia September 2007
- D Butler “The Contracts Vignettes: Cost-Effective Podcasting Producing Quality Learning Outcomes in First Year Contract Law” Australasian Law Teachers Association Conference University of Western Australia, Perth Western Australia September 2007
D Butler “ICT in legal education: a challenge but an opportunity” Higher Education Research and Development Society of Australasia Adelaide July 2007
- B Mathews, K Walsh, A Farrell and D Butler, “Mandatory reporting of child abuse and neglect: legislative developments and questions for future direction”, Protecting Children Today Conference, 6 September 2006, Brisbane
- *D Butler “Cyber bullying: new technology, new challenges to law” Australasian Law Teachers Association Conference, Victoria University, Melbourne Victoria July 2006
- D Butler “The Merlin Affair: Teaching and Learning Law in a Multimedia Environment” Australasian Law Teachers Association Conference Victoria University, Melbourne Victoria July 2006
- *D Butler, ‘Legal Liability for Child Bullying: A New Minefield for Lawyers and Psychiatrists”, Australasian Society for Traumatic Stress Studies, Perth, September 2005
- *D Butler, ‘PTSD and the Law: Holding Someone Legally Liable for the Traumatic Stress of Another’, Australasian Society for Traumatic Stress Studies, Hobart, April 2003.
Major research grants
- S Kift, D Butler, R Field, J McNamara and C Brown, “Curriculum Renewal in Legal Education: Articulating Final Year Curriculum Design Principles and a Final Year Program” ALTC Priority Grant (2010-2011) $215,000.
- M Campbell, S Kift and D Butler, “Cyber bullying: An Evidence-based Approach to the Application and Reform of Law, Policy and Practice” ARC Linkage (2008-2010) $185,000.
- D Butler, S Kift and M Campbell, “Cyber bullying: An Evidence-based Approach to the Application and Reform of Law, Policy and Practice” QUT Faculty of Law Large Research Grant Scheme (2007) $15,000.
- D Butler, A Farrell, B Mathews and K Walsh. Title: Teachers Reporting Child Sexual Abuse: Towards Evidence-Based Reform of Law, Policy and Practice ARC Discovery (2006-2008) $250,000.
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