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. With two colleagues, he is also presently editing a collection of essays entitled The Law of Civil Penalties, to be published in 2023.
Samuel is also a Director of the UQ Law Alumni Association, and a Fellow of the Australian Centre for Private Law.
Publications
Book Chapters
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
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.
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.
Journal Articles
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.
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
Varitimos, Manuel (Mal) and Walpole, Samuel (2022). Deadly sins and handy hints of statutory interpretation in the South Pacific. Australian Bar Review, 310-326.
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.
Walpole, Samuel and Isdale, William (2022). "Manner and form" requirements and the Australia Act 1986 (Cth). Public Law, 2022 (Apr), 338-341.
Walpole, Samuel and Corrigan, Matt (2021). Fighting the system: new approaches to addressing systematic corporate misconduct. The Sydney Law Review, 43 (4), 489-517.
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.
Hepburn, Sophie and Walpole, Samuel (2021). State immunity and Admiralty actions in rem against cargo. The Law Quarterly Review, 137 (Jul), 385-390.
Isdale, William and Walpole, Samuel (2021). What are the limits to agreeing a civil penalty with a regulator?. Proctor.
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.
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.
Walpole, Samuel and Isdale, William (2021). Business Interruption Insurance and the COVID-19 Pandemic. Australian Business Law Review, 49 (1), 73-77.
Walpole, Samuel (2021). Hotchpot and the insolvent trading trustee. Trusts & Trustees, 27 (3), 268-275. doi: 10.1093/tandt/ttab004
Walpole, Samuel and Barker, Kit (2021). Unjust enrichment in Australia 2021. Lloyd's Maritime and Commercial Law Quarterly, 2021, 179-204.
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.
Walpole, Samuel (2020). The medieval law of debt and the interests served by the statutes merchant. Australian Bar Review, 49 (1), 167-175.
Walpole, Samuel (2020). Criminal responsibility as a distinctive form of corporate regulation. Australian Journal of Corporate Law, 35 (2), 235-262.
William Isdale and Sam Walpole (2020). Indemnity of a reasonable settlement. Proctor, 40 (4), 34-36.
Walpole, Samuel and Barker, Kit (2020). Unjust enrichment in Australia. Lloyds Maritime and Commercial Law Quarterly, 2020, 311-343.
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.
Walpole, Samuel (2019). Property in human bodily products. Law Quarterly Review, 135 (1), 31-36.
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.
Walpole, Samuel and Moss, Aaron (2018). Piracy, negotiation period expenses and allowance in general average. Lloyd's Maritime and Commercial Law Quarterly, 34-40.
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.
Walpole, Samuel and Pagliano, Tristan (2016). Case management, class actions and anti-suit injunctions. Proctor, 36 (9), 26-27.
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.
Seminar Papers
Kayış, Deniz and Walpole, Samuel (2024). Dealing with deterrence – Pattinson in philosophy and in practice. Competition Law Discussion Group.
Walpole, Samuel (2024). Salvage in the Suez: contracts for salvage services and the grounding of The Evergiven. Queensland Branch Seminar. Maritime Law Association of Australia and New Zealand.
Walpole, Samuel (2021). Corporate attribution in admiralty. Australian Arbitration Week Seminar. Australian Maritime Transport Arbitration Commission.
Walpole, Samuel (2021). Statutory Unconscionability: Principles and Recent Developments. CPD Seminar. McCullough Robertson Lawyers.
Generic Documents
Walpole, Samuel, Gaskell, Nick and McKenzie, Clinton (2017). Comité Maritime International International Working Group on Unmanned Ships Questionnaire - Response of the Maritime Law Association of Australia and New Zealand. Maritime Law Association of Australia and New Zealand.
Newspaper Articles
Walpole, Samuel (2021, 03 08). The attribution game—corporate fault and attribution of criminal responsibility Oxford Business Law Blog
Corrigan, Matt and Walpole, Samuel (2020, 09 17). Australia Considers New Approaches to Corporate Criminal Liability Global Anti-Corruption Blog