National Head of the School of Law & Business

Professor Michael Quinlan

BALLM (UNSW) MA (Theo St) (with High Distinction) (UNDA)

Email: michael.quinlan1@nd.edu.au
Phone: (02) 8204 4385

  • Biography

    Professor Quinlan is the National Head of the School of Law & Business at The University of Notre Dame Australia. Prior to joining the University in 2013, Professor Quinlan had a distinguished career of more than 23 years at the commercial law firm Allens, where he was a partner for more than 14 years.

    During his legal career, Professor Quinlan practised in commercial litigation, specialising in insolvency and insurance law and was a long-time member of Allens’ Pro Bono Committee. His pro bono practice centred around refugee and migration appeals but also involved assisting charities and individuals in need.

    Professor Quinlan is also Vice President of the St Thomas More Society, a board member of Freedom For Faith, as well as the Legal Profession Admissions Board and a member of the advisory board of the Catholic Archdiocese of Sydney’s Anti-Slavery Taskforce. Professor Quinlan has a deep interest in the relationship between law and morality and law and religion, and his research focus is in these areas. Professor Quinlan is married to Kate and they have four (now adult) children Edmund, Brigid, Sinead and Liam.

  • Teaching areas

    Legal Process and Statutory Interpretation
    Contemporary Legal Issues
    Insolvency Law

  • Research expertise and supervision

    Religious freedom
    Law and Religion
    Bioethics
    Jurisprudence
    Insolvency Law

  • Books

    • Allens Arthur Robinson Directors' Duties During Insolvency (Thomson LBC 2nd ed 2006) (editor)
    • Religious Freedom in Australia – a new Terra Nullius? Iain T. Benson, Michael Quinlan and A. Keith Thompson, eds., (Shepherd Street Press, Brisbane, 2019)
    • Religious Freedom in Australia – the challenge of inclusion? [Title TBC] Iain T. Benson, Michael Quinlan and A. Keith Thompson, eds., Shepherd Street Press, Brisbane, 2020 (forthcoming)
  • Books chapters

    Law and Religion

    • An unholy patchwork quilt: The inadequacy of protections of freedom of religion in Australia” in Religious Freedom in Australia – a new Terra Nullius? Iain T. Benson, Michael Quinlan and A. Keith Thompson, eds., Shepherd Street Press, Brisbane, 2019
    • “In the Heart of the Church: The Church, the Catholic University, and the State in Australia.” in Kevin Wagner, M. Isabell Naumann, Peter John McGregor (ed), Ecclesiology at the Beginning of the Third Millennium (Pickwick Publications,2020)
    • “Talking the Right Way Back” in Forgotten Freedom No More, Robert Forsyth and Peter Kurti eds., Connor Court, Redcliffe Queensland, 2020
    • “Born (Again) This Way: Why The Inherent Nature of Religiosity Requires a New Approach to Australia’s Discrimination Laws”, in A Commitment to Excellence: Essays in Honour of Emeritus Professor Gabriel A. Moens, Augusto Zimmermamm (ed.), Connor Court, West End, Queensland, 2018; 96-147 ISBN 9781925826203
    • “The exclusivity demands of religion meet the exclusivity demands of inclusion: the case for a new approach to inclusion in Australia.” in Religious Freedom in Australia – the challenge of inclusion? [Title TBC] Iain T. Benson, Michael Quinlan and A. Keith Thompson, eds., Shepherd Street Press, Brisbane, 2020 (forthcoming)

    Insolvency & Restructuring

    • "Restructuring and Insolvency: Australia Forms of Security" Practical Law Multi-Jurisdictional Guide 2012/13 June 2012
    • "Restructuring and Insolvency: Australia" practicallaw.com
    • "Australian phoenix reforms re-rising" Global Reference Guide: Bankruptcy & Restructuring 2012, June 2012
    • "Creditors' Rights in Insolvency Proceedings: A practical guide for smaller practitioners- Australia 2011" INSOL, March 2011
    • "Australia" Getting the Deal Through, Insolvency & Restructuring 2005, Law Business Research, London, Oct 2004
    • "Australia" The Practical Law Company Global Counsel Handbook Restructuring & Insolvency 2004

    NB This list includes chapters which were co-written.

  • Journal articles and proceedings

    Bioethics

    • “Such is Life” Euthanasia and capital punishment in Australia: consistency or contradiction?” (2016) 6 Solidarity: The Journal of Catholic Social Thought and Secular Ethics 1(6)
    • “When the State requires doctors to act against their conscience: the religious freedom implications of the referral and the direction obligations of health practitioners in Victoria and New South Wales” (2016) Brigham Young University Law Review 101

    Law and Religion

    • “Marriage, Tradition, Multiculturalism and the accommodation of Difference in Australia” (2016) The University of Notre Dame Australia Law Review
    • “Christianity and the law: trial separation or acrimonious divorce?” Western Australian Jurist, September 2018
    • “Law and Religion in Western Australia: Cooperation or Conflict?” Journal of the Australian Catholic Historical Society, (2018) 75-99
    • “Enforcing Conformity: Criminalising Religiously Inspired Acts”, (2019) 93 Australian Law Journal 778
    • “The Twenty-first century Catholic Lawyer”, 16 (2018) Ave Maria Law Review 36
    • “A great nation? The changing place of religion in law and society in colonial and contemporary Australia: reflections on Murray in an Australian context” St Marks’ Review [forthcoming July 2020]

    Insolvency & Restructuring

    • "The Insolvency Landscape" ARITA Journal, Mar 2014,6-9
    • "Keeping the tax man at bay - winding up application adjourned for tax appeal" Australian Law Journal August 2012
    • "Circumstances giving rise" to a Claim: when is a creditor not a creditor?" Company & Securities Law Journal, May 2012
    • "Appeal of arbitral awards and the decision in Westport Insurance Corp v Gordian Runoff Ltd." The Australian ADR Reporter, March 2012
    • "Winding up foreign companies in Australia is not so easy" INSOL World, First Quarter 2012, January 2012
    • "Proposed reforms to insolvency industry regulation" ENL, January 2012
    • "Is it easier to bring proceedings against companies in administration?" INSOL International - News Update, December 2012
    • "Winding up foreign companies in Australia is not so easy" conventuslaw.com, 3 November 2011
    • "Recent developments in the judicial management regime" Insolvency Law Bulletin, 2011 Vol 12 No 3
    • "UK Supreme Court abolishes expert immunity" Australian Construction Law Newsletter, #137 Mar/Apr 2011
    • "Creditors' rights in insolvency proceedings" INSOL International, July 2011
    • "Insolvency profession reforms: options paper released" Insolvency Law Bulletin, 2011, Vol 11, No 10
    • "Appeal Court clarifies shadow directorship risks" Law Society Journal, July 2011, Vol 49
    • "Restructuring in Australia: making the most of the legal framework" LexisNexis Insolvency Law Bulletin, May 2011, Vol 11, No 8
    • "UK Supreme Court abolishes expert immunity" INSOL International News Update, April 2011, No 4
    • "What is "the whole, or substantially the whole" of a company's property?" Australian Banking & Finance Law Bulletin, Feb 2011
    • "Unfair preference dependent on ultimate effect of transaction" Corporate Rescue & Insolvency, Vol 3.5, Oct 2010
    • "Swords? Domestic Application of Foreign Law under the UNCITRAL Model Law on Cross-Border Insolvency- Overview of Recent International case Law." INSOL World - Technical Series 14, Sept 2010
    • "Case note on Mijac Investments v Graham" Insolvency Law Bulletin, March 2010
    • "Line of Duty in insolvency" In The Black, April 2010
    • "Court completely forgives director's insolvent trading liability" Keeping Good Companies, Vol 62 No 2 Mar 2010
    • "Complete relief for director after insolvency finding" Australian Banking & Finance Law Bulletin, Mar 2010 Vol 25 No 8
    • "ASIC v Storm Financial" Insolvency Law Bulletin, Vol 9 Issue 9 May-June
    • "Kicking up a storm: winding up in the face of a "creative" DOCA proposal" Insolvency Law Bulletin, Vol 9 Issue 9 May-June
    • "Non-disclosure - Green v CGU" Lexis Nexis Inhouse Counsel, Nov 2008
    • "Preference claim, the availability of recoveries to secured creditors and set-off" Australian Banking & Finance Law Bulletin, Vol 23 No 5, Oct 2007
    • "Corporations Amendment (Insolvency) Bill 2007 becomes law" Australian Corporate New, 25 Sept 2007
    • "Senate passes insolvency reform" Australian Banking & Finance Law Bulletin, Vol 23 No 3, Aug 2007
    • "The UNCITRAL Model Law in Great Britain" Insolvency Law Bulletin, June/July 2006
    • "The role and structure of the Companies Auditors and Liquidators Disciplinary Board" Insolvency Law Bulletin Vol 5, No 2, Sept 2004
    • "Panning for gold: how to get your decisions as a voluntary administrator absolutely right" Commercial Law Quarterly, Sept 2004
    • "Love, bribes and public policy" Australian Insolvency Journal, Sept 2003NB This list includes articles which were co-written.

    Insurance & Reinsurance

    • "Reinsurance and the Insurance Act 1902" Australian Insurance Law Bulletin, Vol 24, No 7-8,2009
    • "The WASA v Lexington decision: implications for Australian reinsureds" Australian Insurance Law Bulletin, Vol 22 No 9
    • "The English Court of Appeal Decision on HIH." Corporate Law Bulletin, 2006
    • "Composite Contracts of insurance - indemnity to innocent co insureds" Insurance Committee Newsletter Sept 2006
    • "Composite Contracts of insurance - indemnity to innocent co insureds" Australian Insurance Law Bulletin Vol 21 No 7 May 2006
    • "Guidance to liquidators following the High Court decision in New Cap Re" Charles Russell LLP Legal Update,2006
    • "Implications of the New Cap Re decision" INSOL World, April 2006
    • "The proposal for an HIH scheme of arrangement: Who gets to share in reinsurance recoveries of Australian insurers?" Insurance Law-Professional Updates-Keeping Good Companies, July 2005
    • "Recent developments in proportionate liability" Australian Insurance Law Bulletin, Vol 20 No 4, March 2005
    • "Insurers win in Wilkie: company directors left to fund defence costs" Keeping Good Companies, March 2004

    NB This list includes articles which were co-written.

  • Conference papers

    Bioethics

    • “When the State requires doctors to act against their conscience: the religious freedom implications of the referral and the direction obligations of health practitioners in Victoria and New South Wales.” The University of Notre Dame Australia School of Law, Sydney “Varieties of Diversity” Religious Liberty Conference (18-19 August 2016)

    Law and Religion

    • “Freedom of religion: Conscientious Objection and exclusion zones” Human Rights Day Church of Scientology, Castlereagh Street, Sydney (December 17, 2016)
    • “Australian Discrimination Law: hostels and Special religious Education” A presentation to the Missionaries of Charity. The University of Notre Dame Australia, Sydney (15 July 2016)
    • “Australian Discrimination Law: hostels and special religious education (SRE) A discussion with The Missionaries of Charity, Darwin (19 June 2016)
    • “Marriage in Australia. The Historical Definition and Meaning of ‘marriage’ and contemporary calls for its redefinition: A Discussion of contemporary social, cultural, religious and legal perspectives of marriage in Australia” National Families Week LDS Conference Centre, Sydney (21 May 2016)
    • “What Do We Mean By “Marriage” and “Equality” In Australia?” Future Families Forum (May 19 2016)“
    • “Marriage, Multiculturalism and the Accommodation of Religious Difference in Australia” (University of Otago. Multiculturalism and Accommodation of Religious Difference Colloquium (February 2016) * “Religion, Law and Social Stability in Australia” (22nd Annual International Law and Religion Symposium, Brigham Young University, Provo, Utah, (October 2015)
    • Talking to young people about life issues: some thoughts from the Dean of the School of Law, Sydney of The University of Notre Dame Australia." Right to Life Association (NSW) Annual Conference, Sydney (31 October 2015)
    • “Providing a University education in a context of Catholic faith and values.” City of Sydney Circle of The Catenians (1 July 2015)
    • “Jesus of History Christ of Faith” St Thomas More Society, Sydney (2012)
    • "How the law in Australia is used and can be used to promote or to harm the Catholic faith." Catholics and Law Congress, Turon, Poland 15-16 November, 2013

    Insolvency & Restructuring

    • IPA NSW/ACT Division Conference "The changing Insolvency Landscape" 16 October 2013
    • ARITA NSW/ACT Division Conference "What Do we expect of our Insolvency Regulators" 16 October 2014
    • "Latest Developments in Insolvent Trading" Sydney Legal Counsel Conference, 29 October,2009
    • "Hall v Poolman: What it means for liquidators and directors in relation to recovery proceedings" Commercial Law Association Insolvency Conference,31 July 2009
    • "View from the Outback:The judicial management regime for insolvent Australian insurers and Chapter 15 of Title 11 of the US Code" INSOL Insurance Insolvency Ancillary Meeting, 21 June 2009
    • "Recent case law updates: unravelling the latest Court decisions" Insolvency Practice Symposium,120-13 February 2009
    • "Advising a company in financial distress" Legalwise Seminar, 19 November 2008
    • "Recent Insurance Insolvency Cases: a review" CPA Australia, 11 September 2008
    • "Recent Insurance Insolvency Cases: a review" Commercial Law Association, 22 August 2008
    • "Administrators' and receivers’ power of sale" Horwaths Insolvency Conference, 25 July 2005
    • "Jailbreak-The Latest Disturbing Developments in Insolvent trading" UNSW Faculty of Law Continuing Legal Education, Directors' Duties, 3 March 2005
    • "So What Difference Does It make?" Law & Finance 5th Annual Insolvency Symposium, 8 February 2005

    NB This list includes conference papers which were co-written.

  • Original creative works

    "Sydney Town"
    "You Can't Run (Forever)"
    "Until"
    "Roy"
    "(You Keep) Fallen Down"
    and many others

  • Live performances

    With the Mexican Spitfires in venues throughout Sydney and in Melbourne and Canberra (1984-1989)

  • Recorded or rendered works

    "Lupe Velez" The Mexican Spitfires, Red Eye Records, 1988
    "Elephant" The Mexican Spitfires, unreleased, 1989

  • In the media

    • “Solid Rock, Sacred Ground: A Spiritual Journey To Uluru” The Catholic Weekly 2016
    • “NSW Abortion Laws provide better protection to women” All Life Matters 2016
    • “Teaching the law within a context of Catholic faith and values.” The Catholic Weekly 2015
    • “Book Review, Roy Williams Post God Nation? How religion fell off the radar in Australia – and what might be done to get it back on (ABC Books, 2015)” The Catholic Weekly 2015
    • “Book Review, Karen Armstrong, Fields of Blood: Religion and the History of Violence, Alfred A. Knopf, New York, 2014” The Catholic Weekly 2015
    • "Religion, violence not hand in hand." Catholic Weekly, 8 February, 2015 16-17
    • "Down among the Lepers." Catholic Weekly,17 May, 2015 24,17
    • "Notre Dame early offers program a launching pad for leadership." Catholic Weekly, 24 September, 2015
    • “Australia’s precarious Christians” Books Review: Post God Nation? How religion fell off the radar in Australia an what might be done to get it back on, Roy Williams (ABC Books, 2015)
    • The Catholic Weekly, Vol 73 No 4799. I Nov 2015, 19
    • “Talking to young people about life issues." Right to Life Association (NSW) Annual Conference 31 October 2015
  • Professional affiliations

    Admitted as a solicitor in NSW(1989), Western Australian (1999) and Queensland (2000) Admitted as a solicitor in the High Court of Australia(1989)
    Member Law Society of New South Wales, Australian Restructuring, Insolvency & Turnaround Association of Australia (ARITA), INSOL International (INSOL), the Australian Insurance Law Association and the Australian Professional Indemnity Group (APIG).
    Member of the Technical Committee for INSOL 2005, co-edited INSOL World in 2004/2005, former board member of APIG, member of the organizing committee for APIG's inaugural national conference, INSOL Vancouver 2009's Insurance and Insolvency Ancillary Conference and Technical Co-Chair of INSOL Singapore 2011.

  • Community engagement

    Junior Vice President, St Thomas More Society
    Board member Freedom For Faith
    Member of the advisory board of the Catholic Archdiocese of Sydney’s Anti-Slavery Taskforce
    Member of the Wilberforce Foundation
    Board member of the Legal Profession Admissions Board
    Lector and cantor: St Martha's, Strathfield
    Law Reform Submissions:
    Submission of the Wilberforce Foundation dated October 14, 2015 to the South Australian Parliament in relation to the Statutes Amendment (Decriminalisation of Sex Work) Bill 2015.
    Submission of the Wilberforce Foundation To The Select Committee On The Exposure Draft Of The Marriage Amendment (Same-Sex Marriage) Bill (December 2016)
    Submission of The Wilberforce Foundation In Response To The Submissions Of The President Of The Law Society And The Women Lawyers Committee In Relation To The Statutes Amendment (Decriminalisation Of Sex Work) Bill 2015 (October 2016)
    Submission of Professor Michael Quinlan to the Health, Communities, Disability Servicers and Domestic and family Violence Prevention Committee re the Health (Abortion Law Reform) Amendment Bill 2016 (Qld) (5 October 2016)
    Submission of Professor Michael Quinlan to the Royal Commission into Institutional Responses to Child Sexual Abuse in response to Issues Paper 11: Catholic Church Final Hearing
    Submission of Professor Michael Quinlan, Associate Professor A Keith Thompson and Philip Stern to the Inquiry into the causes and consequences of the collapse of listed retailers in Australia) (March 2016)
    Submission of the Wilberforce Foundation to the Inquiry by the House of Representatives Standing Committee on Social, Policy and Legal Affairs into the regulatory and legislative aspects of international and domestic surrogacy arrangements” (February 2016)
    Submission of the Wilberforce Foundation to the Inquiry into sexualisation of children and young people by The New South Wales Parliamentary Joint Committee ion children and young people” (February 2016)
    Submission Of Lawyers For The Preservation Of The Definition Of Marriage In Relation to the Marriage Equality Plebiscite Bill 2015
    Submission of the Wilberforce Foundation In Relation To The Select Committee On The Regulation Of Brothels (August 2015)
    Submission of the Wilberforce Foundation to the Standing Committee into End of Life Choices (July 2015)

  • Awards

    Recognised as one of Australia's leading insurance and reinsurance lawyers: Euromoney Guide to the World's Leading Insurance & reinsurance Lawyers 2004
    Recognised as one of Australia's leading insolvency and restructuring lawyers: Euromoney Guide to the World's Leading Insurance & reinsurance Lawyers 2003,2005
    Recognised as a leading Australian restructuring/insolvency lawyer -Chambers Global/Chambers Asia Pacific 2003-2005 (Band 3); 2006,2007 (Band 2);2011 (Band 1).