Tina Cockburn - School of Law

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Senior Lecturer

BCom LLB(Hons) Qld; LLM QUT; Grad Cert Ed (Higher Ed) QUT
SEDA Accredited Teacher in Higher Education
Legal Practitioner (Queensland and High Court)

Contact:

Room: C733 (Gardens Point campus)
Tel: (07) 313 82003
Fax: (07) 313 82121
Email: t.cockburn@qut.edu.au

Tina is currently a senior lecturer in the faculty, which she joined in1992 after practising as a solicitor with Allens Arthur Robinson,Brisbane, in the areas of commercial property, trusts and estate law.

She teaches both undergraduate and post graduate students in the areas of Equity, Trusts,Torts and Health Law and has researched and published numerous scholarly refereed articles, book chapters and co-authored several books in these areas. She regularly presents papers to the profession and contributes to professional journals in relation to her areas of research interest.

Tina is a member of the editorial board of the Retirement and Estate Planning Bulletin, is a former managing editor of Plaintiff (now Precedent) the journal of the Australian Lawyers Alliance, and a former co-editor (with Professor Malcolm Cope and Samantha Traves) of the Queensland University of Technology Law Journal (now QUT Law and Justice Journal).

Units currently taught:

Undergraduate:

• LWB240 Principles of Equity
• LWB241 Trusts

Postgraduate:

• LWN087 Contemporary Issues in Tort Law
• LWN149 Conception Birth and Law
• LWN166 Consent to Treatment and Clinical Negligence (to be offered from semester two 2008)

Research Interests:

• Health Law
• Elder law
• Equity
• Trusts
• Tort Law
• Legal Education

Select Publications(available in QUT e-prints):

http://eprints.qut.edu.au/perl/user_eprints?userid=1047

Cockburn, Tina andMaddenBill (2007) Intentional torts to the person, compensation for injury and the Civil Liability Acts recent cases and contemporary issues Insurance Law Journal 18 (1): pp1 – 24

Cockburn, Tina andMadden, Bill (2007) Bundaberg and Beyond: Duty to disclose adverse events to patients14 Journal of Law and Medicine: 501

Cockburn, Tina L. and Madden, Bill (2006) Intentional tort claims in medical cases. Journal of Law and Medicine 13(3):pp.311-336.

Cockburn, Tina L. and Shirley, Melinda J. (2003) Setting aside agreements reached at court annexed mediation: procedural grounds and the role of unconscionability. The University of Western Australia Law Review 31(1):pp.70-86.

Cockburn, Tina L. and Thomas, Mark N. (2001) Personal Liability of Public Officers in the tort of misfeasance in public office - Part I. Torts Law Journal 9(1):pp.80-108.

Cockburn, Tina L. and Thomas, Mark N. (2001) Personal Liability of public officers in misfeasance in public office - part 2. Torts Law Journal 9(2):pp.245-268.

Other select publications as at October 2007 (a full list of publications is available on request)

1. Books

• T Cockburn and L Wiseman (eds) “Disclosure Obligations in Business Relationships” The Federation Press 1996, 303 pages
• G Dal Pont and T Cockburn “Equity and Trusts in Principle”, Thomson Law Book 2005
• T Cockburn and M Shirley “Equity Nutshell” 3rd ed, 2007
• T Cockburn, W Harris and M Shirley "Butterworths Questions and Answers: Equity and Trusts" 2nd ed, Butterworths, 2005

2. Chapters in Books

• T Cockburn, ”Beneficiary and Trustee Investor”, in The Law of Commercial and Professional Relationships S Fisher (ed) Longman Professional Publishing 1996, pp 193 - 219
• T Cockburn and L Wiseman, “Introduction: Disclosure Obligations Of Business: Contemporary Issues”in Disclosure Obligations in Business Relationships T Cockburn and L Wiseman (eds) The Federation Press 1996, pp 1 -14
• T Cockburn, “Fiduciary Disclosure Obligations” in Disclosure Obligations in Business Relationships T Cockburn and L Wiseman (eds) The Federation Press 1996, pp 38 - 63
• T Cockburn, “Recent Developments in Equity and Trusts” in D McGill and S Jackson (eds) QUT 1997 QUT Press pp 8-22
• T Cockburn, “Personal Liability of Government Officers in Tort and Equity” in B Horrigan (ed) Government Law and Policy: Commercial Aspects The Federation Press 1998, pp 340-389
• T Cockburn, “Essentials of an Express Trust” in Trusts Law Australia, Butterworths, 2000, J Armitage and His Honour Justice Emmett (eds) - pp 5001-5116, 64 pages ISBN 0 409 31309 2. This is an edited looseleaf service. I wrote substantial updates which were published in 2001 and 2002.
• T Cockburn and R Chesmond "Fiduciary Obligations between parties to unincorporated joint ventures" in WD Duncan (ed) Joint Ventures Law in Australia 2nd ed The Federation Press 2005 (chapter 2 pp 43-79)

• T Cockburn, “Trustee exculpation clauses furnished by the Settlor” (1993) 11 (2) Australian Bar Review pp 163-183.
• T Cockburn, “Frustration of Commercial Leases”, (1993) 13 (5) The Queensland Lawyer pp 195-216.
• T Cockburn, “Charitable Trusts - Legal Mechanisms for Change” (1994) 14 The Queensland Lawyer pp 181-187.
• T Cockburn, “Rejection of the Traditional Rule Precluding Recovery of Money Paid under Mistake of Law” (1994) 15 (2) The Queensland Lawyer pp 57-67.
• T Cockburn, “Insolvent Fiduciaries in Breach: Is the entitlement to equitable compensation barred by a composition of creditors?” (1995) 3 (1) Insolvency Law Journal pp 48-51.
• T Cockburn “Mandatory Continuing Legal Education: Imprisonment in the Continuing Professional Education Classroom? (1996) 14 Journal of Professional Legal Education 227
• T Cockburn, “Recognition of homemaking contributions in defacto property disputes: a glimmer of hope in the 'brave new world of unconscionability’” (1997) 2 The National Law Review paras 1 –19
• T Cockburn, “Accommodating Workers with family responsibilities” (1997) 2 Sister in Law Journal pp 29-62
• T Cockburn, “Presumption of Advancement released from the shackles of gender based discrimination: High Court recognises presumption of advancement from mother to child” (1997) 18 (2) The Queensland Lawyer pp 999- 1002
• T Cockburn, “Liability of Public Authorities In Negligence as Occupiers: Romeo v Conservation Commission of the Northern Territory” (1998) 5 The National Law Review paras 1 - 39
• T Cockburn Yerkey v Jones: The Phoenix’ New Clothes (1998) 9 Journal of Banking and Finance Law and Practice pp 308-318
• T Cockburn, “Garcia - A Softly Softly Approach”  2000 4 (2) The Flinders Journal of Law Reform  pp 251-278
• T Cockburn, “The Boundaries of Unconscionability and Equitable Intervention” (2000) 8 Australian Property Law Journal pp 143-156
• T Cockburn and M Thomas, ”Personal Liability of Public Officers in the tort of misfeasance in public office - Part I” (2001) 9 (1) Torts Law Journal pp 80-108
• T Cockburn and M Thomas, “Personal Liability of public officers in misfeasance in public office - part 2”  (2001) 9 Torts Law Journal 245-268 
• T Cockburn, Duty of Care of Landlords of Residential Premises (2001) 20 (2) University of Tasmania Law Review 205-240
• T Cockburn, “Occupier not liable for criminal attack on premises: Modbury Triangle Shopping Centre Pty Ltd v Anzil” (PDF - 136kb) (2002) 8 (1) Current Commercial Law; published electronically http://www.lawbookco.com.au/academic/ccl-ezine/html-files/index.asp
• T Cockburn and M Shirley, “Setting aside agreements reached at court annexed mediation: procedural grounds and the role of unconscionability” (2003) 31(1) The University of Western Australia Law Review pp70-86
• M Shirley and T Cockburn "When is a mediator not a mediator? The liability of mediators operating outside the court referral system in negligence" (2005)  University of Western Australian Law Review.
• T Cockburn "Trustees Duties: Disclosure of Information" (2005) Vol 12 Nos 1&2 Jan -July E Law - Murdoch University Electronic Journal of Law ISSN: 1321-8247 Available online at: http://www.murdoch.edu.au/elaw/issues/v12n1_2/Cockburn12_1.html
• T Cockburn and B Madden "Intentional tort claims in medical cases" (2006) 13 (3) Journal of Law and Medicine 311 – 336
• T Cockburn and A Matthew "Lecturing Law with Powerpoint: What is the point?" 2006 (1) eLaw Journal 113
  Available online at: https://elaw.murdoch.edu.au/issues/2006/1/eLaw_Cockburn_13_2006_07.pdf
• T Cockburn and B Madden "A renewed interest in intentional torts following legislative changes to the law of negligence?" (2006) 14 (3) Tort Law Review 161
• T Carver and T Cockburn “Online Skill Development For Generation Y Students: A case study of an online negotiation model for external law students” (2007) 13 (2) The International Journal of Learning www.Learning-Journal.com
• M Shirley, I Davies, T Cockburn and T Carver, ‘The Challenge of Providing Work-Integrated Learning for Law Students’ (2006) December International Journal of Clinical Education 134 – 149
• T Cockburn and B Madden “Intentional torts to the person, compensation for injury and the Civil Liability Acts recent cases and contemporary issues” (2007) 18 (1) Insurance Law Journal 1 – 24
• B Madden and T Cockburn “Bundaberg and beyond: Duty to disclose adverse events to patients” (2007) 14 Journal of Law and Medicine 501