In Residence
Professor Jodi Gardner is the Brian Coote Chair in Private Law at the University of Auckland. Her research focuses on the relationship between the private law and social policy. She analyses how the private law interacts with social welfare, including the limitations of doctrinal law in responding to the challenges posed by poverty and inequality. Professor Gardner’s research has covered topics including inequality in contract law, vulnerability in tort law, high-cost credit agreements, the impact of austerity measures, debt collection contracts, the effect of technological developments on equality and financial exclusion, and concurrent liability in tort and contract. Having a background in both legal practice and academia, Professor Gardner started her career as a consumer advocate at the Centre for Credit and Consumer Law in Australia. She then qualified as a solicitor and worked at Clayton Utz Solicitors in litigation and banking & finance before moving to Caxton Legal Centre as a community lawyer specialising in consumer protection. Professor Gardner’s expertise has been recognised internationally: she has previously held visiting positions at the Woodrow Wilson School of International and Public Policy (Princeton University), Centre on Household Assets and Savings Management (University of Birmingham), Columbia Law School and the Max Planck Institute for Comparative and International Private Law, and is currently a Senior Adjunct Research Fellow at the Centre for Banking & Finance Law, National University of Singapore.
For full cv, visit: https://profiles.auckland.ac.nz/jodi-gardner
Research Project
Protection for Individual Investors
Professor Gardner’s current research project looks at the protection afforded to individual investors in Singapore. Specifically, she is analysing the MAS Accredited Investor Scheme and the impact of the Tradewaves litigation.
Research Interests
- Banking and Finance Law
- Consumer Protection
- Open Banking and Financial Inclusion
Presentations
- “The Challenges of Low-Income Debt and Moneylending in Singapore”, Regional Economic Studies Programme Webinar Series 2020-2021: Financial Transformation, Credit Markets and Household Debt in Southeast Asia, ISEAS, 5 November 2020.
- “Bankruptcy and Alternatives”, CBFL Working Paper Presentation, 16 January 2020.
- “Open Banking: Open Possibilities for Enhancing Financial Inclusion”, CBFL Working Paper Presentation, 16 January 2020. -with Ms Emma Leong
- “Bankruptcy and alternatives in Singapore”, CBFL Working Paper Presentation, 15 July 2019.
Selected Publications
Books
- Landmark Cases in Consumer Law, (Hart Publishing, 2024) – with Iain Ramsay
- The Future of High-Cost Credit Rethinking Payday Lending, (Hart Publishing, 2022)
- Tort Law, (Hart Publishing, 2021) – with S Green
- Debt and Austerity, (Edward Elgar Publishing, 2020) – edited with M Gray and K Moser
Book Chapters
- “Understanding Low-Income Debt in a High-Income Country” in Gardner, Gray & Moser (eds), Debt and Austerity(Edward Elgar Publishing, 2020) – with M Gray and K Moser
- “Austerity and High-Cost Credit: Understanding the Role of a Social Minimum” in Gardner, Gray & Moser (eds), Debt and Austerity(Edward Elgar Publishing, 2020)
- “Austerity and Access to Justice: Exploring the Role of Clinical Legal Education in Cambridge” in Wei, Nehf & Marques (eds), Innovation and the Transformation of Consumer Law(Springer Publishing, 2020)
- “High-Cost Credit in the United Kingdom: A Philosophical Justification for Government Intervention” in P O’Shea and K Fairweather (eds) Consumers, Credit and the Law(Ashgate Publishing, 2016)
- “Responsible lending in the UK: what role does the state play?” in F Ferretti (ed) Consumer over-indebtedness, responsible lending and the insolvency of natural persons in the UK, Germany, Italy and Greece(Eleven Publishing, 2016) – with K Rowlingson and L Appleyard
Journal articles (double-blind peer reviewed)
- ‘Recent Developments in Regulation of Consumer Credit’[2023] Singapore Journal of Legal Studies 196
- ‘Open Banking in the UK and Singapore: Open Possibilities for Enhancing Financial Inclusion’ (2021) 5 Journal of Business Law 424 – with Emma Leong
- ‘Concurrent Liability in Tort and Contract – A Separation Thesis’ [2021] 137 Law Quarterly Review 77 – with J Murphy
- ‘Rethinking Bankruptcy Alternatives in Singapore’ [2020] Singapore Journal of Legal Studies 502
- ‘Online Auctions and Consumer Protection’ [2019] 29 (4) Australian Business Law Review – with K Kariyawasam
- ‘Responsible Lending and Borrowing’ [2018] 6 International Journal of Consumer Law and Practice 14
- ‘Unsecured Credit, Moneylending and Protection of a Social Minimum in Singapore’ [2017] 4(1) Studies in Asian Social Sciences 1
- ‘The Variegated Financialization of Sub-Prime Credit Markets’ [2016] 20 (5) Competition & Change 297 – with L Appleyard and K Rowlingson
- ‘Payday lending in the UK: the regul(aris)ation of a necessary evil?’ [2016] 45 (3) Journal of Social Policy– with L Appleyard and K Rowlingson
- ‘Legal Liability for Financial Advisors in Australia and Singapore: A Comparative Perspective’ [2015] 6(1) Global Review of Accounting and Finance – with P Rajapaske
- ‘Unconscionable Conduct and Consumer Protection in Subprime Lending in Australia’ [2014] 29 (3) Banking and Finance Law Review, pp 485-515
- ‘Traditional Pacific Land Rights and International Law: Tensions and Evolution’ [2010] 12 (1) Asian-Pacific Law & Policy Journal, pp 124-140 – with The Hon. Justice Margaret McMurdo
- ‘Assessment of Insolvency Issues for the Mortgage Originator and Trustee-Issuer in Securitisation Programs‘ [2008] 34 (2) Monash University Law Review, pp 30-42 – with P Rajapaske
Working Papers
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- ‘Open Banking in the UK and Singapore: Open Possibilities for Enhancing Financial Inclusion’ [2022] CBFL Working Paper Series, CBFL-WPS-2201
- ‘Moneylending and Transparency: What Can We Learn from Consumer Experiences with Onelyst?’ [2017] CBFL Working Paper Series, CBFL-WP-JG03
- ‘Unsecured Credit, Moneylending & Protection of a Social Minimum in Singapore‘ [2016] CBFL Working Paper Series, CBFL-WP-JG01