Mr David Caruso

Mr David Caruso
 Position Senior Lecturer
 Org Unit Adelaide Law School
 Email david.caruso@adelaide.edu.au
 Telephone +61 8 8313 5501
 Location Floor/Room 2 12 ,  Ligertwood Building ,   North Terrace
  • Biography/ Background

    David researches, teaches and practises in litigious private and public law.

    He is the Foundation Director of the Litigation Law Unit (LLU) and formerly the Director of the Advocacy and Justice Unit (AJU) of the University of Adelaide. The LLU collaborates with domestic and international partners in the public and private sectors to conduct comparative and interdisciplinary programs to examine and develop litigation systems across Australia, India and China. The LLU works with the Higher Courts of South Australia and the Courts Administration Authority, through an MOU agreed with the Chief Justice of South Australia.

    David is the Chief Executive Director of the China Australia Research Partnership for Judicial Civilsation (CAPJC). CAPJC is a multidisciplinary collaboration between LLU and the Adelaide Law School, together with Chinese Partners led by the China University of Political Science and Law and including Wuhan University, Jilin University, Zhejiang University, with cooperation from the PRC Supreme People's Court the Ministry of Justice and the China National Association of Lawyers.

    David has presented and published in Australia, Asia, Europe and the United States, on litigation systems, evidence and procedure reforms, and international trade. He has given expert evidence in Australian legal proceedings on foreign and international law. He is the convening author of South Australian Criminal Law: Review and Critique (Butterworths, 2014); the forthcoming South Australian Criminal Law and Procedure (Butterworths, 2017) and a co-convening author and editor of Essays in Advocacy (Barr Smith Press, 2012).  He is presently working on three research projects regarding: the role of executive government in evidence based decision making affecting punitive sanction; the effect of non-binding rules of evidence on the administration of justice in tribunal proceedings; and the effect of confidentiality in ISDS arbitrations on the rule of law.

    He lectures in the laws of evidence, crime, trial and appellate procedure, ethics and advocacy. He supervises PhD and Masters by Research candidates and undergraduate research dissertations. He convenes specialist courses on Australian Federal expert evidence, trial advocacy and common law appellate review for the international evidence and forensic science program as an Adjunct Faculty member of the China University of Political Science and Law.

    He is a Consultant with the South Australian Centre for Economic Studies, a Reference Group Member of the South Australian Law Reform Institute and an Academic Course Advisor in the Adelaide Law School.

    David is Special Counsel to Fisher Jeffries | Gadens where he practises in commercial litigation specialising in banking and financial services and intellectual property. He has conducted matters in the Magistrates, District, Supreme and Full Supreme Courts of South Australia.

    He is the President of the Law Society of South Australia, a Director of the Law Council of Australia, Chair of the LCA National Legal Education Committee, Executive of the International Law Section of the Law Council of Australia, Co-Chair of the LCA International Trade and Business Committee and the Foundation Chair of the Reconciliation Action Committee of the Law Society of South Australia. He is a Member of the Joint Rules Advisory Committee of the Courts Administration Authority.

    His service on interdisciplinary bodies includes as Associate Executive Director of the International Association of Evidence Science and an Executive Member of the Australian and New Zealand Association of Psychology, Psychiatry and Law.

    Current Positions

    Foundation Director, Litigation Law Unit, Faculty of the Professions, The University of Adelaide
    Chief Executive Director, China Australia Research Partnership for Judicial Civilisation
    Special Counsel, Fisher Jeffries | Gadens Group
    President, Law Society of South Australia
    Director, Law Council of Australia
    Chair, National Legal Education Committee, Law Council of Australia
    Executive Member, International Law Section, Law Council of Australia
    Co-Chair, International Trade and Business Committee, Law Council of Australia
    Associate Executive Director, International Association of Evidence Science
    Executive Member, Australian and New Zealand Association of Psychology, Psychiatry and Law (South Australia Chapter)
    Expert Member, Evidence Law Reform Committee, South Australian Law Reform Institute
    Foundation Chair, Reconciliation Action Committee, Law Society of South Australia
    Chair, Fidelity Fund Investment Committee, Law Society of South Australia
    Consultant, South Australian Centre for Economic Studies
    Consultant, Curriculum Leaders Group, Legal Studies, South Australian Certificate of Education, SACE Board
    Associate, Surrey International Law Centre, United Kingdom
    Observer, Lawguard Management Pty Ltd
    Member, Joint Rules Advisory Committee, Supreme Court of South Australia
    Member, International Legal Practice Committee, Law Society of South Australia
    Member, Aboriginal Issues Committee, Law Society of South Australia
    Member, Audit and Risk Management Committee, Law Society of South Australia
    Member, Governance Compliance Committee, Law Society of South Australia
    Member, Productivity Commission Access to Justice Inquiry Working Group, Law Society of South Australia
    Member, Professional Development Reference Group, Law Society of South Australia
    Member, International Law Section, Law Council of Australia
    Member, Business Law Section, Law Council of Australia
    Member, Futures Committee, Law Council of Australia

    Previous Positions

    Director, Advocacy and Justice Unit, Faculty of the Professions, The University of Adelaide
    Vice-President, South Australian Association for Research between Italy and Australasia Incorporated (ARIA)
    Consultant, Protecting Victoria’s Vulnerable Children Inquiry, Department of Community Services, Government of Victoria
    Consultant, Thinker in Residence term of Ret. Judge Peggy Fulton Hora, Department of Premier and Cabinet, Government of South Australia
    Consultant, Bail Process Improvement Project, Attorney-General’s Department, Government of South Australia
    Associate to the Honourable Justice John R Sulan, Justice of the Supreme Court of South Australia
    Adjunct Lecturer, Law School, University of South Australia
    Intern, Justice Strategy Unit, Attorney-General’s Department, Government of South Australia
    Intern, Legal Services Commission, Attorney-General’s Department, Government of South Australia
    Intern, Law and Justice Foundation of New South Wales
    Member, Australian Association of Constitutional Law
    Member, Australian Institute of Administrative Law
    Member, Administrative Law Committee, Law Society of South Australia
    Member, Industrial Relations Committee, Law Society of South Australia
    Member, Premises Review Working Group, Law Society of South Australia
    Member, Bulletin Committee, Law Society of South Australia
    Member, Brumby Review into Foreign Trade Practices Working Group, Law Council of Australia
    Reporter, South Australian State Reports, Thomson Reuters
    Reporter, Industrial Law Reports, Thomson Reuters

  • Qualifications

    B.A. (Politics & Philosophy Double Major) (Adelaide)
    LL.B. (Hons, First Class) (Adelaide)
    G.D.L.P. (LSSA)
    Admitted to the Supreme Court of South Australia
    Admitted to the High Court of Australia

  • Research Interests

    Evidence
    Trial and Appellate Law
    Post-Appeal Procedure and Law
    International Trade
    Advocacy
    Criminal Law

  • Publications

    Books

    David Caruso, Rhain Buth, Mary Heath, Ian Leader-Elliott, Patrick Leader-Elliott, Ngaire Naffine, David Plater and Kellie Toole, South Australian Criminal Law: Review and Critique (LexisNexis, Butterworths, Sydney, 2014)

    The Honourable Justice Tom Gray, Martin Hinton QC and David Caruso (eds), Essays in Advocacy (Barr Smith Press, Adelaide, 2012)

    Book Chapters and Reports

    ‘Market-Economy Status for Viet Nam: Comparative Lessons on the Force and Effect of Policy in Determining Trading Classification’, in Professor David Frenkel and Carsten Gerner-Beuerle (eds), Financial Crisis, Globalisation and Regulatory Reform (Athenian Institute for Education and Research, Athens, 2012)

    ‘Petitions for Mercy’ (with Martin Hinton QC S-G) in The Honourable Justice Tom Gray et al (eds), Essays in Advocacy (Barr Smith Press, Adelaide, 2012)

    ‘Children under the Family Law Act – Residence, Contact and Specific Issues Orders’ in Westside Lawyers (ed), The South Australian Lawyers Practice Manual (Thomson Reuters, Sydney, 2008)

    ‘Violent Criminal Offences’ in Westside Lawyers (ed), The South Australian Lawyers Practice Manual (Thomson Reuters, Sydney, 2008)

    The Magistrates Court Diversion Program for Mentally Impaired Offenders (Courts Administration Authority, Adelaide, 2004)

    Selected Articles

    'The Basis of the "Basis Rule": the Role of the Basis Rule in the Admissibility of Expert Opinion' (with Trang Phan), Federal Law Review (forthcoming, Volume 43.2, 2015)

    ‘Rethinking Leading Questioning: the Directive/Non-Directive Psychological Divide’ (with Dr Jacqueline Wheatcroft and James Krumrey-Quinn), (2015) 5 Criminal Law Review 340-346

    'Why Representation and Resources are Critical to Access to Justice in Minor Civil Jurisdictions: the Experience of Advisory Services in Minor Civil Claims' (with Margaret Castles and Anne Hewitt), (2014) 8 University of New South Wales Court of Conscience Journal 25-30 (invited)

    ‘The Executive Institution of Mercy in Australia: The Case and Model for Reform’ (with Nicholas Crawford), (2014) 37(1) University of New South Wales Law Journal 312-348

    ‘The Case in Australia for Further Reform to the Cross-Examination and Court Management of Child Witnesses’ (with Timothy Cross) (2012) 16(4) International Journal of Evidence and Proof 364-397 

    ‘Proposed Reforms for the Cross-Examination of Child Witnesses and the Reception and Treatment of their Evidence’ (2012) 21(4) Journal of Judicial Administration 191-236 (invited)

    ‘Return of the Wrongly Convicted: The Test for Post-Conviction Executive References in Australia’ (2012) 57 Studies in Law, Politics and Society 125-160

    ‘Discreditable Conduct’ (with Kellie Toole) (2011) 36(4) Alternative Law Journal 284-285 (invited)

    ‘“I Don’t Want to Play Follow the Leader”: Three Proposals for Reform of the Cross-Examination of Child Witnesses’ (2011) 2 Journal of Commonwealth Criminal Law 254-280 (invited)

    ‘Prosperity in Co-operation: The ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA)’ (2010) 11(2) Journal of World Investment and Trade 197-226

    ‘Developments in Australasian Trade: Agreement with Chile’ (2010) 31(10) Law Society Bulletin 18 (Part One); (2010) 31(11) Law Society Bulletin 18 (Part Two)

    Conference Convention

    Chief Convenor, ‘2nd Australia-India Advocacy and Litigation Conference', Litigation Law Unit of the University of Adelaide, Delhi University Law School and Delhi Bar Council, Delhi, India, January 2016 and Adelaide, Australia, February 2016

    Chief Convenor, '5th International Conference on Evidence Law and Forensic Science (ICELFS)', jointly convened by the University of Adelaide Law School, the Litigation Law Unit of the University of Adelaide, the China University of Political Science and Law (CUPL) and the International Association of Evidence Science (IAES), Adelaide, Australia, July 2015 

    Chief Convenor, ‘Australia-India Advocacy Conference: Advancing the Teaching and Capacity of Advocates in India and Australia’, OzFest joint venture of the University of Adelaide, South Australian Bar Association, Delhi University Law School and Delhi University Bar Council, Delhi, India, January 2013

    Chief Convenor, ‘Constitutional Design and Reform: Monarchy and Republicanism in Australia and Italy Symposium’, ARIA, University of Adelaide, Australia, June 2009

    Co-Convenor, ‘Italian Influences on the development of Australian Criminal law: the Zanardelli Code’, Association for Research between Italy and Australasia (ARIA), University of South Australia, Australia, November 2011

    Member, Host Committee, International Bar Association, 'Specialist Conference', Adelaide, Australia, February 2016 

    Selected Conference Papers and Presentations

    ‘Prosecutorial Ethics: Can You be a Good Prosecutor and a Good Person?’ (with Jonathan Wells QC, Liesl Chapman SC, Ian Press SC and Martin Hinton QC SG), invited panellist of the Continuing Professional Development series of the University of Adelaide Law School, Adelaide, 3 December 2014

    ‘Evidence Law Reforms: Working in Foreign Lands’, invited chair of the Panel Session at the Specialist Conference on Foundations of the Law of Evidence and their Implications for Developing Countries, Chicago, United States, 21-22 November 2014

    ‘Criminal Law Developments’, invited paper presented at the Judicial Development Day of the South Australian Judiciary and Magistracy, Grange, South Australia, 3 November 2014

    ‘Criminal Law and Evidence Update’, invited half-day presentation at the Annual Conference of the Magistrates Court of South Australia, Hahndorf, South Australia, 17 October 2014

    ‘The Admission of Expert Evidence in Australian Courts’, invited paper presented at the Evidence and Law Reform Workshop: the New Evidence Code of China, Jilin, China, July 2014

    ‘Denying Consent to Medical Procedures involving Children on Grounds of Religion and Culture’, keynote paper presented at the Symposium on Circumcision, Adelaide, Australia, April 2013

    ‘Copyright and Privacy Laws affecting Photographic Artists and Professionals’ (with Nick Linke), paper presented at the Shimmer Photography Festival, City of Onkaparinga, Adelaide, Australia, September 2012

    ‘I Don’t Want to Play Follow the Leader: Proposed Reforms for the Cross-Examination of Child Witnesses and the Reception and Treatment of their Evidence’, paper presented at the Conference on Criminal Justice in Australia and New Zealand, Australian Institute of Judicial Administration (AIJA), Sydney, Australia, September 2011

    ‘Market-Economy Status for Viet Nam: Good Economics, Law or Policy?’, paper presented at the 7th International Conference of the Athenian Institute for Education and Research (ATINER), Athens, Greece, July 2010

    ‘Free Trade in the Asia-Pacific’, paper presented at the 7th International Conference of the Asian Law Institute (ASLI), Kuala Lumpur, Malaysia, May 2010

    ‘Saving a Rare Bird: the Institution of Mercy in Australia’, paper invited for review by the joint Harvard and Stanford Law School International Faculty Forum, April 2010

    ‘Developments in Australasian Trade: Agreements with Chile and ASEAN’, paper presented at the seminar on Australasian trade, conducted by the Law Society of South Australia in conjunction with the Australian Department of Foreign Affairs and Trade, Adelaide, Australia, May 2009

    ‘The Treatment of Cyber-Offending in the Discretionary Exclusion of Evidence’, paper presented at the resource day on cyber-conflict, for the senior division of the International Future Problem Solving Program, Adelaide, Australia, April 2009

    ‘The Effect and Implications of the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill 2008 (SA) and Statutes Amendment (Evidence and Procedure) Bill 2008 (SA)’, paper prepared for the South Australian Judicial Education Day, Adelaide, Australia, April 2008

    ‘Jurisprudence and Civil Procedure in the Higher Courts’, paper presented at the seminar on civil procedure for the registries and court officers of the Higher Courts of South Australia, Adelaide, Australia, March 2008

    ‘Practical Reforms for Protection Visa Applications to the Department of Immigration and Multicultural and Indigenous Affairs’, paper presented at the 3rd Administrative Law Forum, conducted by the University of Adelaide, Adelaide, Australia, October 2004

    Submissions

    'Litigation Funding', submission to the Productivity Commission, Access to Justice Arrangements Issues Paper, 4 November 2013 (with Dr Suzanne Le Mire)

    'Access to Justice in Minor Civil Jurisdictions', submission to the Productivity Commission, Access to Justice Arrangements Issues Paper, 31 October 2013 (with Margaret Castles and Associate Professor Anne Hewitt)

    'The Operation of Part 8A of the Criminal Law Consolidation Act 1935 (SA)', submission to the Sentencing Advisory Council, Discussion Paper Considering the Operation of Part 8A of the Criminal Law Consolidation Act 1935 (SA), 10 October 2013 (with Kellie Toole, Professor Ngaire Naffine and Margaret Castles)

  • Professional Associations

    Current

    Law Society of South Australia
    Law Council of Australia
    International Association of Evidence Science
    Australian and New Zealand Association of Psychology, Psychiatry and Law
    Surrey International Law Centre

    Previously

    Australian Association of Constitutional Law
    Australian Institute of Administrative Law

  • Media Expertise

    CategoriesInternational Relations , Law, Crime & Justice
    ExpertiseCriminal law; criminology; crime; murder; violence; domestic violence; sentencing; international law; free trade; intellectual property; trade practices; competition and consumer law; Defamation; evidence; advocacy; Court procedure; diversion program; alternative justice; therapeutic justice; Aboriginal issues; reconciliation; legal education
    NotesSelect Current Positions: Director, Advocacy and Justice Unit, University of Adelaide Lecturer, Adelaide Law School, University of Adelaide Special Counsel, Fisher Jeffries/Gadens Group Treasurer, Law Society of South Australia Foundation Chair, Reconciliation & Rights Committee, Law Society of SA Associate, SA Centre for Economic Studies Associate, Surrey International Law Centre
    Mobile0434 158 894
    After hours0434 158 894

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Entry last updated: Sunday, 16 Sep 2018

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