Dr Allison Silink

Dr Allison Silink

Senior Lecturer

 DipLaw SAB, PhD (UTS)

Law & Justice
School of Private & Commercial Law

Dr Allison Silink
Dr Allison Silink is a senior lecturer at the University of New South Wales Faculty of Law and has been a practising barrister and member of the New South Wales Bar Association since 1997. She has appeared in the High Court of Australia, the Federal Court of Australia and in all New South Wales state courts. Dr Silink was Associate to Justice Sheppard AO (1994-1997) and worked briefly for the Commonwealth Department of Public Prosecutions in the area of corporate crime.
Dr Silink researches the intersection between common law, equity and statute with a particular focus on commercial law, banking and finance and equity and trusts. She completed her doctoral thesis on the scope of equitable contribution under Australian law. Her expertise in private law doctrine in the context of commercial law has led to invitations to speak at professional and academic conferences and in the field of banking and financial services, superannuation and insurance law, and at distinguished academic societies and law schools in Australia, Ireland and the UK.
Dr Silink is an award-winning law teacher with extensive experience coordinating, teaching and research supervision in the areas of equity, trusts and commercial law. She served as Director of Academic Programs at the UTS Law Faculty (2018-2021) where she oversaw a major curriculum renewal process across the LLB and JD programs, AQF compliance, and course accreditation.

  • Book Chapters | 2020
    Silink A, 2020, 'Rationalising Australian equitable estoppel in the twenty first century: doctrinal coherence or fragmentation?', in Australian Contract Law in the 21st Century Debates and Directions, pp. 116 - 152
    Book Chapters | 2019
    Silink A, 2019, 'The Nature of Personal Property', in Commercial Law: Commentary and Materials, pp. 3 - 60
    Book Chapters | 2017
    Silink A; Stewart P, 2017, 'Compensation for survivors of institutional child sexual abuse in Australia: Tortious rights and challenges for reform', in Children and the Law in Australia, pp. 337 - 375
    Book Chapters | 2017
    Silink A, 2017, 'Protecting children from abuse and neglect', in Children and the Law in Australia
  • Journal articles | 2022
    Silink A; Ryan D, 2022, '‘The relevance of "control" in both stages of the test for vicarious liability in relationships that are "akin to employment": an analysis of Blackpool in the Court of Appeal’', Professional Negligence, 38, pp. 229 - 238
    Journal articles | 2022
    Silink A; Ryan D, 2022, '‘Twenty years on from Lister v Hesley Hall Ltd - is there now a "Tailored Close Connection Test" for vicarious liability in cases of sexual abuse, or not?’', Professional Negligence, 38, pp. 15 - 15
    Journal articles | 2020
    Stewart P; Silink A, 2020, '‘Australian civil litigation reform in response to the recommendations of the Royal Commission into Institutional Child Sexual Abuse’', Torts Law Journal, 26, pp. 1 - 34, http://dx.doi.org/10.2139/ssrn.3628973
    Journal articles | 2019
    Silink AJ, 2019, ''The Trustee's Indemnity as "Property of the Company" under the Corporations Act 2001 (Cth): Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth'', JOURNAL OF BANKING AND FINANCE LAW AND PRACTICE, 30, pp. 272 - 296
    Journal articles | 2018
    Silink A; Ryan D, 2018, '‘Vicarious Liability for Independent Contractors’', The Cambridge Law Journal, 77, pp. 458 - 461, http://dx.doi.org/10.1017/s0008197318000843
    Journal articles | 2018
    Silink A, 2018, ''Trustee Exoneration: Out on a Limb? Tensions Between Creditors Expectations and Equitable Principles'', Journal of Equity, 12, pp. 58 - 90, https://advance.lexis.com/api/permalink/993784b0-6a43-42a5-bbf4-e2569d938baa/?context=1201008&federationidp=HBKMPP51975
    Journal articles | 2017
    Silink A, 2017, '‘Causation in Equitable Estoppel’', Australian Bar Review, 43, pp. 320 - 346, https://advance.lexis.com/api/permalink/5a5db4be-7b9b-4995-9ed2-a7a33c15488a/?context=1201008&federationidp=HBKMPP51975
    Journal articles | 2016
    Silink A; Stewart P, 2016, '‘Tort Law Reform to Improve Access to Compensation for Survivors of Institutional Child Sexual Abuse’', University of NSW Law Journal, 39, pp. 553 - 595, https://search-informit-org.ezproxy.lib.uts.edu.au/doi/abs/10.3316/agis_archive.20170123
    Journal articles | 2015
    Silink A, 2015, ''Can promissory estoppel be an independent source of rights?'', University of Western Australia Law Review, 40, pp. 39 - 71, https://search-informit-org.ezproxy.lib.uts.edu.au/doi/10.3316/agis_archive.20180672
    Journal articles | 2011
    Silink A, 2011, ''Equitable Estoppel in 'Subject to Contract' Negotiations'', Journal of Equity, 5, pp. 252 - 287, http://dx.doi.org/10.2139/ssrn.2824899
  • Other | 2023
    Silink A, 2023, 'Superannuation trustee obligations - the scope of the covenant under s 52(12) of the Superannuation Industry (Supervision) Act 1993 (Cth) to “promote” the financial interests of MySuper and choice product beneficiaries', , https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4382595
    Conference Papers | 2022
    Silink A, 2022, ''Analysing the recent “Best financial interests” reforms to s 52(2)(c) of the Superannuation Industry (Supervision) Act 1993'', Canberra, presented at Superannuation Law Council Annual Conference, Canberra, 10 March 2022
    Other | 2022
    Silink A, 2022, 'Corrupt Benefits for Trustees – Is the Presumption of Mens Rea Rebutted in s 249E of the Crimes Act 1900 (NSW), and if Not, What Is the Mens Rea to Be Implied?', , https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4166638
    Conference Papers | 2019
    Silink A, 2019, '‘Developments in Vicarious Liability for Institutional Child Abuse’', Sydney, presented at Personal Injury and Common Law Conference of the NSW Bar Association, Sydney, 16 March 2019
    Conference Papers | 2018
    Silink A; D’Angelo N, 2018, ''Beneficiary Liability'', Sydney, presented at Banking And Financial Services Law Association Academic Colloquium, Sydney, 30 November 2018
    Reports | 2018
    Silink A; Stewart P, 2018, Submission to the NSW Department of Justice addressing the NSW Department of Justice Report on Proposed Responses to The Royal Commission into Institutional Responses to Child Sexual Abuse Civil Litigation Recommendations
    Conference Papers | 2018
    Silink A, 2018, ''Tortious and Statutory Liability of Financial Institutions for Misrepresentations Inducing Entry into a Contract: Exemplary damages or damages for mental harm could come as a shock'', University of Technology Sydney, presented at UTS Research Seminar Paper, University of Technology Sydney, 24 October 2018
    Reports | 2018
    Silink A, 2018, Submission to the New South Wales Law Reform Commission Consultation Paper 19 - Review of Laws Relating to Beneficiaries of Trusts
    Reports | 2017
    Silink A; Stewart P, 2017, Submission to the NSW Department of Justice Consultation in relation to the civil litigation recommendations of the Royal Commission in Institutional Responses to Child Sexual Abuse, https://www.justice.nsw.gov.au/justicepolicy/Documents/JSP%20Public%20Consultations/Courts%20Strategy/Civil%20Litigation/Allison%20Silink%20and%20Pamela%20Stewart.pdf
    Reports | 2017
    Silink A; Stewart P, 2017, Submission to the NSW Department of Justice on the question of the proper defendant to proceedings brought against churches as defendants in vicarious liability cases in relation to institutional child sexual abuse
    Conference Papers | 2017
    Silink A, 2017, ''Causation in Estoppel'', University of Sydney, presented at Intersections in Private Law Colloquium, University of Sydney, 09 September 2017
    Conference Papers | 2017
    Silink A, 2017, ''You’ll be looked after at renewal - Commercial leasing and uncertainty about the requirement for certainty of representation’', Curtin Law School, Curtin University, Perth, Western Australia, presented at 14th Australasian Property Law Teachers Conference, Curtin Law School, Curtin University, Perth, Western Australia, 26 September 2017
    Reports | 2015
    Silink A; Stewart P, 2015, Submission in response to Consultation Paper on Redress and Civil Litigation published by the Royal Commission into Institutional Responses to Child Sexual Abuse, https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/Consultation%20Paper%20-%20Redress%20and%20civil%20litigation%20-%20Submission%20-%2055%20Dr%20Allison%20Silink%20and%20Pam%20Stewart.pdf
    Conference Presentations | 2014
    Silink A, 2014, ''Equitable estoppel as a cause of action'', presented at UNSW Private Law Research Cluster