Samuel Walpole is a barrister practising in commercial, regulatory and public law. He has a particular interest in Admiralty and maritime, administrative, corporate and civil regulation, corporate and white collar crime, equity and trusts, financial services, insolvency and information law matters.
Samuel was previously an Associate to the Hon Chief Justice Allsop AO of the Federal Court of Australia and to the Hon Justice Philippides of the Queensland Court of Appeal. He also worked at the Australian Law Reform Commission in the areas of Corporate Crime and Financial Services Regulation.
Samuel holds Bachelors of Arts and Laws (First Class Honours) degrees from the University of Queensland, from which he graduated as Law Valedictorian and with the University Medal in Law. He subsequently read for the Bachelor of Civil Law at Wadham College, Oxford as an Oxford-Hackney Scholar, graduating with Distinction.
Samuel is an Adjunct Fellow at the University of Queensland, where he lectures in the postgraduate Commercial Equity Course. He has published in a number of domestic and international journals, including the Law Quarterly Review, Sydney Law Review, Lloyd’s Maritime and Commercial Law Quarterly, Australian Journal of Corporate Law, Australian Journal of Administrative Law, Company and Securities Law Journal, Public Law, Public Law Review and Trusts & Trustees. He is also the co-editor of a collection of essays entitled The Law of Civil Penalties (Federation Press, 2023).
Samuel is also a Director of the UQ Law Alumni Association, and a Fellow of the Australian Centre for Private Law.
Book: The Law of Civil Penalties
Deniz Kayis, Eloise Gluer and Samuel Walpole eds. (2023). The Law of Civil Penalties. Alexandria, NSW Australia: Federation Press.
Book Chapter: Culpable ships
Derrington, Sarah and Walpole, Samuel (2023). Culpable ships. The culpable corporate mind. (pp. 351-372) edited by Elise Bant. Oxford, United Kingdom: Hart Publishing. doi: 10.5040/9781509952410.ch-016
Journal Article: Salvage of sunken treasure and the law of State immunity
Hepburn, Sophie and Walpole, Samuel (2023). Salvage of sunken treasure and the law of State immunity. The Law Quarterly Review, 139 (Apr), 199-204.
Book Chapter: International commercial dispute resolution as a system
Allsop, James and Walpole, Samuel (2023). International commercial dispute resolution as a system. Transnational commercial disputes in an age of anti-globalism and pandemic. (pp. 43-87) edited by Sundaresh Menon and Anselmo Reyes. Oxford, United Kingdom: Hart Publishing.
Journal Article: Fighting the system: new approaches to addressing systematic corporate misconduct
Walpole, Samuel and Corrigan, Matt (2021). Fighting the system: new approaches to addressing systematic corporate misconduct. The Sydney Law Review, 43 (4), 489-517.
Journal Article: Amenability of the executive power to pardon to judicial review
Walpole, Samuel , Moss, Aaron and Isdale, William (2020). Amenability of the executive power to pardon to judicial review. Australian Journal of Administrative Law, 27 (4), 193-197.
Journal Article: The medieval law of debt and the interests served by the statutes merchant
Walpole, Samuel (2020). The medieval law of debt and the interests served by the statutes merchant. Australian Bar Review, 49 (1), 167-175.
Journal Article: Criminal responsibility as a distinctive form of corporate regulation
Walpole, Samuel (2020). Criminal responsibility as a distinctive form of corporate regulation. Australian Journal of Corporate Law, 35 (2), 235-262.
Deniz Kayis, Eloise Gluer and Samuel Walpole eds. (2023). The Law of Civil Penalties. Alexandria, NSW Australia: Federation Press.
Derrington, Sarah and Walpole, Samuel (2023). Culpable ships. The culpable corporate mind. (pp. 351-372) edited by Elise Bant. Oxford, United Kingdom: Hart Publishing. doi: 10.5040/9781509952410.ch-016
Salvage of sunken treasure and the law of State immunity
Hepburn, Sophie and Walpole, Samuel (2023). Salvage of sunken treasure and the law of State immunity. The Law Quarterly Review, 139 (Apr), 199-204.
International commercial dispute resolution as a system
Allsop, James and Walpole, Samuel (2023). International commercial dispute resolution as a system. Transnational commercial disputes in an age of anti-globalism and pandemic. (pp. 43-87) edited by Sundaresh Menon and Anselmo Reyes. Oxford, United Kingdom: Hart Publishing.
Fighting the system: new approaches to addressing systematic corporate misconduct
Walpole, Samuel and Corrigan, Matt (2021). Fighting the system: new approaches to addressing systematic corporate misconduct. The Sydney Law Review, 43 (4), 489-517.
Amenability of the executive power to pardon to judicial review
Walpole, Samuel , Moss, Aaron and Isdale, William (2020). Amenability of the executive power to pardon to judicial review. Australian Journal of Administrative Law, 27 (4), 193-197.
The medieval law of debt and the interests served by the statutes merchant
Walpole, Samuel (2020). The medieval law of debt and the interests served by the statutes merchant. Australian Bar Review, 49 (1), 167-175.
Criminal responsibility as a distinctive form of corporate regulation
Walpole, Samuel (2020). Criminal responsibility as a distinctive form of corporate regulation. Australian Journal of Corporate Law, 35 (2), 235-262.
Deniz Kayis, Eloise Gluer and Samuel Walpole eds. (2023). The Law of Civil Penalties. Alexandria, NSW Australia: Federation Press.
Derrington, Sarah and Walpole, Samuel (2023). Culpable ships. The culpable corporate mind. (pp. 351-372) edited by Elise Bant. Oxford, United Kingdom: Hart Publishing. doi: 10.5040/9781509952410.ch-016
International commercial dispute resolution as a system
Allsop, James and Walpole, Samuel (2023). International commercial dispute resolution as a system. Transnational commercial disputes in an age of anti-globalism and pandemic. (pp. 43-87) edited by Sundaresh Menon and Anselmo Reyes. Oxford, United Kingdom: Hart Publishing.
The international maritime law arbitration moot
Derrington, Sarah and Walpole, Samuel (2016). The international maritime law arbitration moot. Thomson Reuters guide to mooting. (pp. 145-171) edited by Anthony E. Cassimatis and Peter Billings. Pyrmont, NSW Australia: Lawbook Co.
Walpole, Samuel (2023). The judicial role as an expression of the whole personality: supervision of public and private power by the courts and the legacy of Chief Justice Allsop. The Australian Law Journal, 97, 807-814.
Salvage of sunken treasure and the law of State immunity
Hepburn, Sophie and Walpole, Samuel (2023). Salvage of sunken treasure and the law of State immunity. The Law Quarterly Review, 139 (Apr), 199-204.
Walpole, Samuel (2023). Book Review: Barbara McDonald, Ben Chen and Jeffrey Gordon (eds), Dynamic and Principled: The Influence of Sir Anthony Mason, Federation Press, 2022. Alternative Law Journal, 48 (1), 76-77. doi: 10.1177/1037969X231159482
Deadly sins and handy hints of statutory interpretation in the South Pacific
Varitimos, Manuel (Mal) and Walpole, Samuel (2022). Deadly sins and handy hints of statutory interpretation in the South Pacific. Australian Bar Review, 310-326.
Unjust enrichment in Australia 2022
Barker, Kit, Bristow, Penelope and Walpole, Samuel (2022). Unjust enrichment in Australia 2022. Lloyd's Maritime and Commercial Law Quarterly, 2022 (2), 289-312.
Walpole, Samuel and Isdale, William (2022). COVID-19, the Principle of Legality and the "Legislative Bulldozer" of the Biosecurity Act 2015 (Cth). Public Law Review, 32 (4), 287-290.
"Manner and form" requirements and the Australia Act 1986 (Cth)
Walpole, Samuel and Isdale, William (2022). "Manner and form" requirements and the Australia Act 1986 (Cth). Public Law, 2022 (Apr), 338-341.
Fighting the system: new approaches to addressing systematic corporate misconduct
Walpole, Samuel and Corrigan, Matt (2021). Fighting the system: new approaches to addressing systematic corporate misconduct. The Sydney Law Review, 43 (4), 489-517.
Representations as to “Apparent Order and Condition” and the tender of a Draft Bill of Lading
Hepburn, Sophie and Walpole, Samuel (2021). Representations as to “Apparent Order and Condition” and the tender of a Draft Bill of Lading. Lloyd’s Maritime and Commercial Law Quarterly, 2021, 415-419.
State immunity and Admiralty actions in rem against cargo
Hepburn, Sophie and Walpole, Samuel (2021). State immunity and Admiralty actions in rem against cargo. The Law Quarterly Review, 137 (Jul), 385-390.
What are the limits to agreeing a civil penalty with a regulator?
Isdale, William and Walpole, Samuel (2021). What are the limits to agreeing a civil penalty with a regulator?. Proctor.
Davies, Cindy, Walpole, Samuel and Pearson, Gail (2021). Australia's licensing regimes for financial services, credit, and superannuation: three tracks toward the twin peaks. Company and Securities Law Journal, 38 (5), 332-354.
Regulating for loyalty in the financial services industry
Walpole, Samuel, Donald, M. Scott and Langford, Rosemary (2021). Regulating for loyalty in the financial services industry. Company and Securities Law Journal, 38 (5), 355-373.
Business Interruption Insurance and the COVID-19 Pandemic
Walpole, Samuel and Isdale, William (2021). Business Interruption Insurance and the COVID-19 Pandemic. Australian Business Law Review, 49 (1), 73-77.
The attribution game—corporate fault and attribution of criminal responsibility
Walpole, Samuel (2021, 03 08). The attribution game—corporate fault and attribution of criminal responsibility Oxford Business Law Blog
Hotchpot and the insolvent trading trustee
Walpole, Samuel (2021). Hotchpot and the insolvent trading trustee. Trusts & Trustees, 27 (3), 268-275. doi: 10.1093/tandt/ttab004
Unjust enrichment in Australia 2021
Walpole, Samuel and Barker, Kit (2021). Unjust enrichment in Australia 2021. Lloyd's Maritime and Commercial Law Quarterly, 2021, 179-204.
Duties of applicants in ex parte applications: lessons from Mineralogy v Western Australia
Isdale, William and Walpole, Samuel (2021). Duties of applicants in ex parte applications: lessons from Mineralogy v Western Australia. Proctor.
Amenability of the executive power to pardon to judicial review
Walpole, Samuel , Moss, Aaron and Isdale, William (2020). Amenability of the executive power to pardon to judicial review. Australian Journal of Administrative Law, 27 (4), 193-197.
Northern Land Council v Quall - implications for the exercise of statutory functions by corporations
Isdale, William and Walpole, Samuel (2020). Northern Land Council v Quall - implications for the exercise of statutory functions by corporations. AUSPUBLAW.
The medieval law of debt and the interests served by the statutes merchant
Walpole, Samuel (2020). The medieval law of debt and the interests served by the statutes merchant. Australian Bar Review, 49 (1), 167-175.
Doing without the Wagyu and Shiraz: the Westpac automated loans decisions
Isdale, William and Walpole, Sam (2020). Doing without the Wagyu and Shiraz: the Westpac automated loans decisions. Proctor.
Australia Considers New Approaches to Corporate Criminal Liability
Corrigan, Matt and Walpole, Samuel (2020, 09 17). Australia Considers New Approaches to Corporate Criminal Liability Global Anti-Corruption Blog
Criminal responsibility as a distinctive form of corporate regulation
Walpole, Samuel (2020). Criminal responsibility as a distinctive form of corporate regulation. Australian Journal of Corporate Law, 35 (2), 235-262.
Indemnity of a reasonable settlement
William Isdale and Sam Walpole (2020). Indemnity of a reasonable settlement. Proctor, 40 (4), 34-36.
Unjust enrichment in Australia
Walpole, Samuel and Barker, Kit (2020). Unjust enrichment in Australia. Lloyds Maritime and Commercial Law Quarterly, 2020, 311-343.
'Ownership' of a surrogate ship and the use of the presumption of similarity of foreign law
Walpole, Samuel and Moss, Aaron (2019). 'Ownership' of a surrogate ship and the use of the presumption of similarity of foreign law. Journal of International Maritime Law, 25, 17-20.
Property in human bodily products
Walpole, Samuel (2019). Property in human bodily products. Law Quarterly Review, 135 (1), 31-36.
Restitution Regional Digest – Australia 2017-18
Barker, Kit and Walpole, Samuel (2018). Restitution Regional Digest – Australia 2017-18. Restitution Law Review, 26, 85-121.
Walpole, Samuel (2018). Justifying the Woolwich Principle: An Exploration of the Normative Boundaries of Unjust Enrichment and Corrective Justice. Restitution Law Review, 26, 42-60.
Piracy, negotiation period expenses and allowance in general average
Walpole, Samuel and Moss, Aaron (2018). Piracy, negotiation period expenses and allowance in general average. Lloyd's Maritime and Commercial Law Quarterly, 34-40.
Back on course - excluding the right to limit liability under the 1976 convention
Walpole, Samuel and Rees-Murphy, Leo (2016). Back on course - excluding the right to limit liability under the 1976 convention. Australian and New Zealand Maritime Law Journal, 30 (2), 13-20.
Case management, class actions and anti-suit injunctions
Walpole, Samuel and Pagliano, Tristan (2016). Case management, class actions and anti-suit injunctions. Proctor, 36 (9), 26-27.
Restitution Regional Digest - Australia 2016
Barker, Kit and Walpole, Samuel (2016). Restitution Regional Digest - Australia 2016. Restitution Law Review, 24, 185-211.
Walpole, Samuel (2015). Book Review: Michael P. Sharf, Michael Newton and Milena Sterio (eds.), Prosecuting Maritime Piracy: Domestic Solutions to International Crimes. Pandora's Box Law Journal, 22, 103-110.