David Caruso

David Caruso

Senior Lecturer, the University of Adelaide
Fax: 
+61 8 8313 4344
Email: 
Education
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

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. He 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, and is the convening author of South Australian Criminal Law: Review and Critique(Butterworths, 2014) and a co-convening author and editor of Essays in Advocacy (Barr Smith Press, 2012).
David 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 co-convenes specialist courses on Australian Federal expert evidence and trial advocacy for the international evidence and forensic science program 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. He has conducted matters in the Magistrates, District, Supreme and Full Supreme Courts of South Australia. He is the President-Elect of the Law Society of South Australia, a Director of the Law Council of Australia, the Foundation Chair of the Reconciliation Action Committee and the Chair of the Limited Liability Scheme Committee of the Law Society of South Australia. 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.

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

·  ‘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)

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) 5Criminal 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 Journal284-285 (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 Trade197-226

·  ‘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)

Research Project: 

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)

Positions: 

·  Foundation Director, Litigation Law Unit, Faculty of the Professions, The University of Adelaide

·  Director of the Graduate Diploma in Legal Practice (Grad.DipLP) at the University of Adelaide

·  Special Counsel, Fisher Jeffries | Gadens Group
·  President-Elect, Law Society of South Australia
·  Director, 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, Technology Regulation and Information Policy Research Group, Faculty of the Professions, The University of Adelaide
·  Associate, Surrey International Law Centre, United Kingdom
·  Observer, Lawguard Management Pty Ltd
·  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

In the News: 

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 

Others: 

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

Expertise for Media Contact

Categories International Relations , Law, Crime & Justice
Expertise Criminal law; criminology; 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
Notes Select 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

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