A/Prof Thomas Middleton ~ Associate Professor

Dr Tom Middleton is an Associate Professor in the School of Law, James Cook University, Townsville.  He is admitted as a Solicitor of the Supreme Court of Queensland. 

 He earned a Bachelor of Commerce and a Ph.D from James Cook University and, a Bachelor of Laws (Hons) and a Masters Degree in Legal Practice at Queensland University of Technology.

 In 1999 he wrote a two volume book (looseleaf and on-line service) entitled “ASIC Corporate Investigations and Hearings,” published by Thomson Reuters, Sydney.  He currently updates this book 5 times per year and it has been in continuous publication for the past 18 years.  It is the leading publication for legal practitioners in relation to the Australian Securities and Investments Commission’s investigative and enforcement powers.

 He has published numerous refereed articles and a number of these have been cited by the Courts, Academics and Law Reform Commissions in Australia and New Zealand.  Those articles have also been utilised by government agencies including the Commonwealth Treasury in the context of proposals for law reform.

 He is a foundation staff member in the School of Law and he currently teaches third and fourth year law subjects in both Townsville and Cairns.

Recent Commentary in the media

• Beware the powers of the Royal Commission to refer matters at anytime for action  

• The Royal Commission: Beware its Teeth

 

Teaching

• BX3114: Bankruptcy and Insolvency (Level 3; CNS & TSV)
• LA3011: Commercial and Personal Property Law (Level 3; TSV)
• LA3014: Law of Trusts (Level 3; CNS & TSV)
• LA4037: Bankruptcy and Insolvency (Level 4; CNS & TSV)
• LA4047: Research Dissertation B: Part 1 of 2 (Level 4; CNS)
• LA4048: Research Dissertation B: Part 2 of 2 (Level 4; CNS & TSV)

These are the most recent publications associated with this author. To see a detailed profile of all publications stored at JCU, visit ResearchOnline@JCU. Hover over Altmetrics badges to see social impact.

Journal Articles

• Middleton T (2015) Banning, disqualification and licensing powers: ACCC, APRA, ASIC and the ATO – regulatory overlap, penalty privilege and law reform. Company and Securities Law Journal, 33 (8), Article: 3, pp. 555-580.
• Middleton T (2013) ASIC's regulatory powers: interception and search warrants, credit and financial services licences and banning orders, financial advisers and superannuation: problems and suggested reforms. Company and Securities Law Journal, 31 (4), pp. 208-236.
• Middleton T (2010) The role of lawyers in the context of ASIC's investigative and enforcement powers. Company and Securities Law Journal, 28 (2), pp. 107-129.
• Middleton T (2008) The privilege against self-incrimination, the penalty privilege and legal professional privilege under the laws governing ASIC, APRA, the ACCC and the ATO - suggested reforms. Australian Bar Review, 30, pp. 282-317.
• Dietrich J and Middleton T (2006) Statutory remedies and equitable remedies. Australian Bar Review, 28 (2), pp. 136-170.
• Middleton T (2005) The High Court's decision in Rich v ASIC [2004] HCA 42 and its potential impact upon ASIC's disqualification orders, banning orders and oral examinations. Company and Securities Law Journal, 23 (4), pp. 248-263.
• Middleton T (2004) ASIC's investigation and enforcement powers - current issues and suggested reforms. Company and Securities Law Journal, 22 (8), pp. 503-530.
• Middleton T (2003) The difficulties of applying civil evidence and procedure rules in ASIC's civil penalty proceedings under the Corporations Act. Company and Securities Law Journal, 21 (8), pp. 507-529.
• Middleton T (2000) Native title and taxation issues. Australian Business Law Review, 28 (2), pp. 86-98.

Books

• Middleton T (1999) ASIC Corporate Investigations and Hearings. Thomson Reuters, Australia

Other research outputs

• Middleton T (2013) The enforcement pyramid model in a corporate regulatory context. Abstracts from Australia New Zealand Law and History Society Conference. 25-27 November 2013, Dunedin, New Zealand
• Middleton T (2008) The role of lawyers in ASIC's investigations and enforcement processes. Australasian Law Teachers Association 63rd Annual Conference: the law, the environment, Indigenous peoples: climate for change?. In: 2008 Australasian Law Teachers Association Conference: the law, the environment, Indigenous peoples: climate for change?, 6-9 July 2008, Cairns, QLD, Australia

More

ResearchOnline@JCU stores 42+ research outputs authored by A/Prof Thomas Middleton from 1999 onwards.

Advisory Accreditation: I can be on your Advisory Panel as a Primary or Secondary Advisor.

These Higher Degree Research projects are either current or by students who have completed their studies within the past 5 years at JCU. Linked titles show theses available within ResearchOnline@JCU.

Current

• Examining Criminal Responsibility through 'Command Responsibility', 'Superior Orders' and the 'Doctrine of Military Necessity' as applied at the Allied Military War Crimes Trials of the Pacific War 1945-1951 (PhD , Secondary Advisor)
• The role of corporate governance in Australian sporting entities. (PhD , Secondary Advisor)
• Teaching 'Hope': Incorporating Hope Theory in Australian Law Students' Academic Experience (PhD , Primary Advisor)
• Comparative corporate governance ; A case study of religious institutions and legal entrepreneurism - regulatory problems and suggested reforms (PhD , Primary Advisor)

Completed

• Aboriginal and Torres Strait Islander people and consumer law (2018, PhD , Secondary Advisor)
• Unexpected corporate failures in Australia through the decades: commonality of causes (2016, PhD , Secondary Advisor)