Dr Mark Giancaspro

Dr Mark Giancaspro
 Position Senior Lecturer
 Org Unit Adelaide Law School
 Email mark.giancaspro@adelaide.edu.au
 Telephone +61 8 8313 0879
 Location Floor/Room 3 ,  Ligertwood ,   North Terrace

  • Biography/ Background

    Dr Mark Giancaspro is a Senior Lecturer and practising commercial lawyer at the University of Adelaide Law School. He holds an honours degree in Laws and Legal Practice from Flinders University and a PhD from the University of Adelaide. His legal employment background and research interests are primarily commercial, with issues in contract law and its applications being his principal theme. Mark teaches in contract and consumer law, commercial law, operational commercial law and sports law, and has published widely on matters including issues with the formation and renegotiation of contracts, the doctrine of consideration, and smart contracts. He has provided training to international commercial law firm LK Law’s Accessible Justice Project on commercial and consumer law. He is a member of the Law Council of Australia (Business Law Section, Digital Commerce Committee), the Australian Commercial Law Association, the International Association of Consumer Law, and the Adelaide Law School’s Research Units on the Regulation of Commerce, Corporations, Insolvency and Taxation (ROCCIT) and Military Law and Ethics (RUMLAE).

  • Qualifications

    Bachelor of Laws and Legal Practice (Honours) (Flinders University)

    Doctor of Philosophy (Law) (University of Adelaide)

  • Research Interests

    Research interests (including areas of expertise for media contact)

    Categories Law, Contract, Consumer Law, Business, Sport
    Expertise

    contract law (formation, renegotiation, smart contracts); business law (contract, consumer law); sports law (player contracts/marketing, commercialisation, sporting tribunals and courts)

  • Publications

    JOURNAL ARTICLES

    Mark Giancaspro, ‘Facing the Unseen Truth: The Legal Implications of Using Social Networking Site “Facebook”’ (2009) 31(4) Law Society Bulletin 26.

    Mark Giancaspro, ‘Practical Benefit: An English Anomaly or a Growing Force in Contract Law?’ (2013) 30(1) Journal of Contract Law 12.

    Mark Giancaspro, ‘The Rules for Contractual Renegotiation: A Call for Change’ (2014) 37(2) University of Western Australia Law Review 1.

    Mark Giancaspro, ‘Reproductive Tissue and Contract’ (2014) 11(2) Journal of Bioethical Inquiry 131.

    Mark Giancaspro, ‘Should Practical Benefit Extend to Contract Formation?’ (2014) 42 Australian Business Law Review 389.

    Mark Giancaspro, ‘Late Night Lockout Laws: Evaluating Responses to Alcohol-Fuelled Violence’ (2015) 40(2) Alternative Law Journal 118.

    Colette Langos and Mark Giancaspro, 'Does Cloud Computing Lend Itself to Cyberbullying?' (2015) 2(5) IEEE Cloud Computing 60.

    Mark Giancaspro, ‘Do Workplace Policies Form Part of Employment Contracts? A Working Guide and Advice for Employers’ (2016) 44(2) Australian Business Law Review 106.

    Mark Giancaspro, 'Do Lockout Laws Curb Alcohol-Related Violence?' (2016) 38(3) Law Society Bulletin 24.

    Mark Giancaspro, 'Buy-Out Clauses in Professional Football Player Contracts: Questions of Legality and Integrity' (2016) 16 International Sports Law Journal 22.

    Maeghan Toews, Mark Giancaspro, Bernadette Richards and Paolo Ferrari, 'Kidney Paired Donation and the "Valuable Consideration" Problem: The Experiences of Australia, Canada and the United States' (2017) 101(9) Transplantation 1996

    Mark Giancaspro, ‘“I Now Pronounce You…In a State of Uncertainty”: Contemporary Treatment of the Wives’ Special Equity and a Plan for the Future’ (2017) 11 Journal of Equity 80

    Mark Giancaspro, 'Are "Smart Contracts" Really a Smart Idea? Insights from a Legal Perspective' (2017) 33 Computer Law & Security Review 825

    Colette Langos and Mark Giancaspro, ‘Empowering Workers: Avenues of Legal Redress for Victims of Workplace Cyberbullying’ (2017) 45 Australian Business Law Review 448

    ·         Mark Giancaspro, ‘Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes’ (2018) 48(1) Stetson Law Review 69

    ·         Mark Giancaspro, ‘Unfair Contract Terms and Small Business Contracts: Insights from ACCC v JJ Richards & Sons Pty Ltd, and the Case for Small Business Protection’ (2018) 26(1) Competition and Consumer Law Journal 25

    ·         Mark Giancaspro, ‘Termination for Convenience, the Doctrine of Executive Necessity and Government Contracting: Implications for Commonwealth Agencies such as Defence’ (2018) 37(1) University of Tasmania Law Review 1

    ·         Gabrielle Golding and Mark Giancaspro, ‘To Moral Obloquy or Not to Moral Obloquy? That is the Judicial Confusion Surrounding Statutory Unconscionable Conduct’ (2020) 34 Commercial Law Quarterly 3

    ·         Mark Giancaspro, ‘The Consideration Myth About Smart Contracts’ (2020) 1(1) ANU Journal of Law and Technology 35

    ·         Mark Giancaspro, ‘Testing the Boundaries of the Consideration Doctrine: Can You Contract to Buy and Sell a Ghost?’ (2020) 45(2) Alternative Law Journal 107

    ·         COVID-19- Consumer Law Research Group, 'Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic' (2020) 43(3) Journal of Consumer Policy 437

    ·         Paul Babie, David Brown, Ryan Catterwell and Mark Giancaspro, ‘Cryptocurrency as Property: Ruscoe v Cryptopia Ltd (in liq) [2020] NZHC 728’ (2020) 28 Australian Property Law Journal 106

    ·         Mark Giancaspro, ‘Picture-Perfect or Potentially Perilous? Assessing the Validity of “Comic Contracts”’ (2020) 10(1) The Comics Grid: Journal of Comics Scholarship 1

     

    BOOKS

    Mark Giancaspro and Colette Langos, Understanding Contract Law: A Practical Guide (LexisNexis, 2016).

    Mark Giancaspro with Dilan Thampapillai et al, Australian Commercial Law (Cambridge University Press, 2nd ed, 2020)

  • Professional Associations

    Barrister and Solicitor, Supreme Court of South Australia

    Founder, Commercial Law Research Group (CLRG)

    Member, Commercial Law Division, Research Unit on Military Law & Ethics

    Member, Commercial Law Association of Australia

    Academic Integrity Officer, Adelaide Law School

    Director, Sport SA

  • Community Engagement

    Media

    Print

    The Advertiser, '3am Lockout Questioned' (17 August 2015) http://www.adelaidenow.com.au/news/south-australia/adelaide-university-research-casts-doubt-on-the-effectiveness-of-lockouts-on-reducing-alcohol-related-violence/story-fni6uo1m-1227487338518

    The Conversation, 'Should using your mobile phone while walking be outlawed?' (12 April 2016) https://theconversation.com/should-using-your-mobile-phone-while-walking-be-outlawed-57542

    Television

    Channel 7 News Adelaide, 'Police issue safety warning over Pokemon Go' (9 July 2016) Edited version: https://au.news.yahoo.com/video/watch/32021978/police-issue-safety-warnings-over-pokemon-go/#stop. Full version available at: https://www.facebook.com/7NewsAdelaide/videos/1226845027346150/.

    Radio

    ABC Radio National (Law Report), 'Are "Smart Contracts" So Smart?' (24 April 2018) http://www.abc.net.au/radionational/programs/lawreport/2018-04-24/9686918

     

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Entry last updated: Monday, 30 Jan 2023

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