Gabrielle Golding

Dr Gabrielle Golding

Senior Lecturer

Adelaide Law School

Faculty of Arts, Business, Law and Economics

Eligible to supervise Masters and PhD - email supervisor to discuss availability.

Dr Gabrielle Golding is a Senior Lecturer in Law at Adelaide Law School. Her research focuses on the intersection between employment and contract law. Gabrielle’s recent work concentrates on how terms implied by law influence contracts for work, including her 2023 monograph, ‘Shaping Contracts for Work: The Normative Influence of Terms Implied by Law’ (Oxford University Press, Oxford Labour Law Series). She is a regular media commentator on topical employment law matters, having been interviewed by the BBC, the ABC, SBS, Guardian (Australia), and the Australian Financial Review, as well as commissioned to write for The Sydney Morning Herald, The Age, The Australian, and The Monthly.

Gabrielle has previously been appointed as Adelaide Law School's Associate Dean of Law (Learning and Teaching). She has also worked as a Lecturer in Law at Monash Law School, as Associate to the Honourable Justice Besanko in the Federal Court of Australia (and Chief Justice of the Supreme Court of Norfolk Island), and as an employment lawyer at a leading international law firm. She has been invited to the Edinburgh and Strathclyde Law Schools in Scotland as a Visiting Scholar to progress her research into employment contract law. She is the current South Australian State Chapter Coordinator for the Australian Labour Law Association, and was previously the Association's Early Career Researcher Coordinator.

2022 saw Gabrielle become a Barbara Kidman Women's Fellow at the University of Adelaide. In that same year, she was nominated for the prestigious Paul Bourke Award by the Australian Academy of Social Sciences. In 2017, she was awarded the prestigious Bonython Prize for having completed the best doctoral thesis on a legal topic. In 2019 and 2020, she was nominated for the Australian and South Australian Young Lawyer of the Year Awards for her efforts in supporting the career readiness of law students.

Gabrielle holds a PhD in employment and contract law from the University of Adelaide, a Master of Laws (with Merit) and Graduate Diploma of Legal Practice (with Merit) from the Australian National University, as well as a Bachelor of Laws (Honours) and Bachelor of Arts (Politics) from the University of Adelaide.

  • Appointments
    Date Position Institution name
    2023 - 2023 Associate Dean of Law (Learning and Teaching) University of Adelaide
    2022 - ongoing Senior Lecturer University of Adelaide
    2022 - 2022 Barbara Kidman Women's Fellow University of Adelaide
    2019 - 2019 Visiting Scholar University of Edinburgh
    2019 - 2021 Lecturer University of Adelaide
    2018 - 2019 Associate Federal Court of Australia
    2017 - 2017 Lecturer Monash University
    2016 - 2016 Visiting Scholar University of Strathclyde
    2016 - 2017 Legal Counsel Young + Associates Commercial Lawyers
    2014 - 2017 Teaching Fellow University of Adelaide
    2011 - 2013 Solicitor MinterEllison

  • Awards and Achievements
    Date Type Title Institution Name Country Amount
    2023 Research Award Faculty of Arts, Business, Law and Economics Award for Early Career Research Excellence The University of Adelaide Australia -
    2023 Research Award Research Engagement Award Adelaide Law School Australia -
    2022 Nomination Paul Bourke Award Academy of Social Sciences in Australia Australia -
    2021 Teaching Award Online Learning Award The University of Adelaide Australia -
    2020 Award Equity, Diversity and Inclusion Award The University of Adelaide Australia -
    2020 Nomination Australian Young Lawyer of the Year Award Law Council of Australia Australia -
    2019 Nomination South Australian Young Lawyer of the Year Award Law Society of South Australia Australia -
    2018 Research Award Bonython Prize The University of Adelaide Australia -
    2016 Award Alumni of the Year Award Walford Anglican School for Girls Australia -
    2015 Award Law Society of South Australia’s Bulletin Article of the Year Award Law Society of South Australia Australia -
    2014 Scholarship Australian Labour Law Association’s Research Degree Scholarship Australian Labour Law Association’s Research Degree Scholarship Australia -
    2014 Scholarship Faculty of the Professions Divisional Scholarship The University of Adelaide Australia -
    2014 Scholarship Zelling-Gray Scholarship in Law The University of Adelaide Australia -

  • Education
    Date Institution name Country Title
    2014 - 2017 University of Adelaide Australia Doctorate of Philosophy in Law
    2011 - 2012 Australian National University Australia Master of Laws in Legal Practice with Merit
    2011 - 2011 Australian National University Australia Graduate Diploma in Legal Practice with Merit
    2007 - 2011 University of Adelaide Australia Bachelor of Laws with Honours
    2007 - 2009 University of Adelaide Australia Bachelor of Arts majoring in Politics
    2005 - 2006 Walford Anglican School for Girls Australia International Baccalaureate Diploma (ATAR 99.80)

  • Postgraduate Training
    Date Title Institution Country
    2022 - 2022 Thinking on Your Feet: Clarity and Confidence in Dealing with the Media University of Adelaide Australia
    2021 - 2021 Fast Track to Principal Supervisor University of Adelaide Australia
    2020 - 2020 Developing Positive Partnerships University of Adelaide Australia
    2014 - 2014 Teaching @ University University of Adelaide Australia

  • Certifications
    Date Title Institution name Country
    2019 Accredited Mental Health First Aider Mental Health First Aid Australia -
    2019 ALLY Network Member University of Adelaide -
    2012 Unrestricted (Category C) South Australian Practising Certificate -
    2012 Admitted as a Barrister and Solicitor High Court of Australia -
    2012 Admitted as a Barrister and Solicitor Supreme Court of the Australian Capital Territory -
    2012 Admitted as a Barrister and Solicitor Supreme Court of South Australia -
    2012 Admitted as a Barrister and Solicitor Federal Court of Australia -

  • Research Interests
    Commercial and Contract Law Comparative Law Labour Law

  • Journals
    Year Citation
    2023 Golding, G. (2023). The Right to Disconnect in Australia: Creating Space for a New Term Implied by Law. University of New South Wales Law Journal, 46(2), 728.
    2023 Golding, G., & Giancaspro, M. (2023). ‘WHY CAN’T I BE PAID IN PIZZA?’—COMPARING S 323 OF THE FAIR WORK ACT 2009 (CTH) AND CONSIDERATION AT COMMON LAW. University of Western Australia Law Review, 50(2), 1-25.
    2023 Golding, G., McCormack, P., & Brent, K. (2023). The Changing Climate of Australian Employment Law. University of New South Wales Law Journal, 46(4), 1284-1313.
    2023 Collins, P., & Golding, G. (2023). An Implied Term of Procedural Fairness During Disciplinary Processes: Into Contracts of Employment and Beyond?. Industrial Law Journal.
    DOI
    2022 Golding, G. (2022). Book Review: 'The Future of the Employment Contract' by Douglas Brodie. Edinburgh Law Review: an international forum for the discussion of law, 26(3), 476-478.
    DOI
    2022 Golding, G. (2022). Major Court and Tribunal Decisions in Australia in 2021. Journal of Industrial Relations, 64(3), 412-425.
    DOI
    2021 Golding, G. (2021). Unfair Dismissal and the Coronavirus Pandemic: Creative Responses from Australia's Fair Work Commission. Revue de Droit Compare du Travail et de la Securite Sociale, 4((Special Issue in English)), 100-115.
    DOI
    2021 Plater, D., Golding, G., & Villios, S. (2021). SALRI's Examination of Enduring Powers of Attorney: Charter for Abuse or Necessary Aspect of Daily Life?. Law Society Bulletin (SA), 43(6), 22-25.
    2021 Golding, G., & Giancaspro, M. (2021). Steering Statutory Unconscionability Out of a Jam at Last: Stubbings v Jams 2 Pty Ltd. Law Society Bulletin (SA), 48(3), 42.
    2021 Golding, G., & Hvala, T. (2021). Paid Period Leave for Australian Women: A Prerogative Not a Pain. The Sydney Law Review, 43(3), 349-377.
    Scopus1 WoS2
    2021 Golding, G. (2021). Unfair Dismissal and the Coronavirus Pandemic: Creative Responses from Australia's Fair Work Commission. Revue de Droit Compare du Travail et de la Securite Sociale, 3(4), 100-115.
    DOI
    2021 Golding, G. E. (2021). Employment as a Relational Contract and the Impact on Remedies for Breach. https://law.unimelb.edu.au/alla/ecr-network, 30(2), 1-25.
    DOI
    2020 Golding, G. E. (2020). Rethinking the Rationale for Implying Terms by Law into Australian Employment Contracts. University of Tasmania Law Review, 39(1), 1-22.
    2020 Golding, G., & Giancaspro, M. (2020). To Moral Obloquy or Not to Moral Obloquy? That is the Judicial Confusion Surrounding Statutory Unconscionable Conduct. Commercial Law Quarterly, 34(1), 3-17.
    2020 Golding, G. E. (2020). The Origins of Terms Implied by Law into English and Australian Employment Contracts. Oxford University Commonwealth Law Journal, 20(1), 163-191.
    DOI Scopus1
    2020 Golding, G. E. (2020). Status Update: Employee Social Media Use and Dismissal in Australia. Revue de Droit Comparé du Travail et de la Sécurité Sociale, 20(2), 24-35.
    2019 Golding, G. E. (2019). The Distinctiveness of the Employment Contract. Australian Journal of Labour Law, 32(2), 170-191.
    2016 Golding, G. (2016). The role of judges in the regulation of Australian employment contracts. The International Journal of Comparative Labour Law and Industrial Relations, 32(1), 69-91.
    WoS6
    2015 Golding, G., & Howe, J. (2015). Book Review: The Contract of Employment by Mark Irving.
    2015 Golding, G. (2015). Work and Play: Achieving the Balance. Law Society Bulletin, 36, 32.
    2015 Golding, G. (2015). Meet Some of Adelaide Law School's PhD and MPhil Research Candidates. Law Society Bulletin, 36, 36.
    2015 Golding, G. (2015). Terms implied by law into employment contracts: are they necessary?. Australian Journal of Labour Law, 28(2), 113-131.
    2015 Golding, G. E., & Hetzel-Bone, J. (2015). Young lawyers run mentor program for students. Bulletin (Law Society of South Australia), 37(10), 29.
    2015 Golding, G. E., & Howe, J. (2015). Book Review: The Contract of Employment. Australian Journal of Labour Law, 28, 214-217.
    2014 Golding, G. (2014). Digital detox for lawyers: 5 steps to help you switch off. Bulletin (Law Society of South Australia), 36(4), 30.
    2014 Golding, G. (2014). High Court Rules Out Mutual Trust and Confidence in Australian Employment Contracts:
    Commonwealth Bank of Australia v Barker [2014] HCA 32. Bulletin (Law Society of South Australia, 36(10), 12-14.

  • Books
    Year Citation
    2023 Golding, G. E. (2023). Shaping Contracts for Work: The Normative Influence of Terms Implied by Law. Oxford: Oxford University Press.
    2023 Giancaspro, M., Golding, G., Nosworthy, B., Brown, D., Viven-Wilksch, J., Wawryk, A., . . . Zito, P. (2023). Contemporary Australian Business Law. Cambridge University Press.

  • Book Chapters
    Year Citation
    2023 Golding, G. (2023). La réglementation juridique du travail de plateforme en Australie. In I. Daugareilh (Ed.), PLATTRAV - La plateformisation du travail. Paris: Bruylant.
    2022 Golding, G., & Giancaspro, M. (2022). Not Up to the Job: Why Smart Contracts are Unsuitable for Employment. In J. G. Allen, & P. Hunn (Eds.), Smart Legal Contracts: Computable Law in Theory and Practice (pp. 383-396). Oxford: Oxford University Press.
    DOI

  • Conference Papers
    Year Citation
    2023 Golding, G. (2023). The Right to Disconnect: Creating Space for.a New Term Implied by Law. In https://www.abdn.ac.uk/law/. Aberdeen.
    2023 Golding, G. (2023). A Revival of Sanctity of Contract in the Modern Employment Relation. In https://llrn6poland.uni.lodz.pl/. Warsaw.
    2022 Golding, G. (2022). Paid Period Leave for Australian Women: A Prerogative Not a Pain. In https://www.adelaide.edu.au/gender/engage/the-fay-gale-centre-lunchtime-seminars. Adelaide.
    2022 Golding, G., & Hvala, T. (2022). Paid Period Leave for Australian Women: A Prerogative Not a Pain. In https://www.sydney.edu.au/business/our-research/research-groups/women-work-policy-research-group/the-body-at-work-project.html. The University of Sydney.
    2021 Golding, G. (2021). Employment as a Relational Contract and the Impact on Remedies for Breach. In https://llrn5poland.uni.lodz.pl/program/. Warsaw.
    2021 Golding, G. (2021). Unfair Dismissal and the Coronavirus Pandemic: Adaptations and Creative Responses from Australia's Fair Work Commission. In https://www.ilo.org/global/research/events-courses/rdw/7/WCMS_794440/lang--en/index.htm. Geneva.
    2021 Golding, G. (2021). The Right to Disconnect in Australia: Creating Space for a New Term Implied by Law. In https://law.unimelb.edu.au/alla/events/national-conference/10th-alla-biennial-conference-online Vol. 46 (pp. 728-757). Online: UNIV NEW SOUTH WALES, FAC LAW.
    DOI
    2021 Golding, G. (2021). Major court and tribunal decisions in Australia in 2020. In Proceedings of the Annual Review of Australian Industrial Relations Webinar 2020, as published in Journal of Industrial Relations Vol. 63 (pp. 395-410). virtual online: SAGE Publications.
    DOI Scopus5 WoS4
    2021 Golding, G. (2021). Shaping Contracts for Work in the Gig Economy Through the Mechanism of Terms Implied by Law. In https://law.anu.edu.au/event/workshop/private-law-and-gig-economy. Online.
    2019 Golding, G. E. (2019). The Autonomy of the Law Governing the Contract of Employment. In Edinburgh Centre for Commercial Law Group Seminar. Edinburgh.
    2018 Golding, G. (2018). The Distinctiveness of the Contract of Employment. In Thirty-Second Annual Association of Industrial Relations Academics of Australia and New Zealand Conference. Adelaide.
    2017 Golding, G. E. (2017). The Origins of Terms Implied by Law Into Employment Contracts. In Fourth Biennial Labour Law Conference of the New Zealand Labour Law Society 2017. Christchurch.
    2017 Golding, G. E. (2017). A Young Lawyers Guide to Tackling the Early Years of Practice. In National Wellness for Law Forum. Adelaide.
    2016 Golding, G. E. (2016). The Implied Term of Mutual Trust and Confidence in Employment Law: Time for a Rethink?. In Edinburgh Centre for Commercial Law Group Seminar. Edinburgh.
    2016 Golding, G. E. (2016). Terms Implied by Law Into Australian Employment Contracts: Are they Necessary?. In University of Strathclyde Law School Staff Seminar. Glasgow.
    2015 Golding, G. (2015). Courts, Parliament and the Regulation of Australian Employment Contracts. In Second Biennial Labour Law Research Network Conference. Amsterdam.
    2014 Golding, G. (2014). Terms Implied by Law: Are They Necessary?. In Seventh Biennial Conference of the Australian Labour Law Association. Manly.
    2014 Golding, G. (2014). Mutual Trust and Confidence in the Employment Relationship: The High Court Decides. In Adelaide Law School Work and Employment Research Group Seminar. Adelaide.

  • Report for External Bodies
    Year Citation
    2021 Golding, G. (2021). International Lawyers Assisting Workers: Future of Law Database - Fixed-term Employment Contracts.
    2020 Villios, S., Plater, D., Golding, G., Pandos, O., Richards, B., Brunacci, A., . . . Nicholls, H. (2020). Valuable Instrument or Single Most Abused Legal Document in our Judicial System? A Review of the Role and Operation of Enduring Powers of Attorney in South Australia (15). Adelaide: South Australian Law Reform Institute.
    2020 Villios, S., Plater, D., Williams, J., Golding, G., Richards, B., Brunacci, A., & Pandos, O. (2020). Review of the Role and Operation of Powers of Attorney in South Australia. Adelaide: SA Law Reform Institute.

  • Theses
    Year Citation
    2017 Golding, G. E. (2017). Terms Implied by Law Into Employment Contracts: Rethinking their Rationale. (PhD Thesis, University of Adelaide).

  • Internet Publications
    Year Citation
    2024 Golding, G. (2024). Lack of ‘right to disconnect’ continues to spell trouble for Aussie workplaces. Lawyers Weekly.
    2023 Golding, G. (2023). Why there’s a growing push for the ‘right to disconnect’. Australian Financial Review.
    2023 Golding, G. (2023). 'Your life is no longer private': Why Domenica thinks reality TV stars need better protections. SBS Australia.
    2023 Golding, G. (2023). Flyer distributor charged with 2,400 breaches of Victoria’s child labour laws. Guardian Australia.
    2023 Golding, G. (2023). Red Rooster and Cold Rock franchisees hit with hundreds of charges for allegedly failing to comply with child labour laws. Australian Broadcasting Corporation (ABC) 7:30 Report.
    2023 Golding, G. (2023). How Australia could move forward on ‘right to disconnect’ laws. Lawyers Weekly.
    2022 Golding, G. (2022). Australian Broadcasting Corporation (ABC) Adelaide 'Drive' with Jules Schiller.
    2022 Golding, G. (2022). The legality of companies paying Adelaide employees less for the same work performed by someone in Sydney or Melbourne. Australian Broadcasting Company (ABC) Adelaide 'Drive' with Jules Schiller.
    2022 Golding, G. (2022). Qantas isn't making booster shots mandatory, but some states are doing this for them. Australian Broadcasting Corporation.
    2022 Golding, G. (2022). Could 'menstrual leave' change the workplace?. BBC.
    2022 Golding, G. (2022). Could Australia follow Spain by introducing national menstrual leave?. The Sydney Morning Herald.
    2022 Golding, G. (2022). Workers needing sick notes clogging up system. Australian Broadcasting Corporation.
    2021 Golding, G. (2021). Fair Work ruling throws rules around vaccine mandates into confusion. Australian Broadcasting Corporation.
    2021 Golding, G. (2021). Money for Jab: Employee Vaccination Incentives Will Work. Sydney Morning Herald.
    2021 Golding, G. (2021). Money for Jab: Employee Vaccination Incentives Will Work. The Age.
    2021 Golding, G. (2021). Pressure on Airlines to Vaccinate Workers. The Australian.
    2021 Golding, G. (2021). Late Afternoons with Narelle Graham - ABC 639 - Vaccination Incentives for Employees. The Australian Broadcasting Corporation.
    2021 Golding, G., & Hvala, T. (2021). A Bloody Shame: Paid Period Leave Should be Law. The Monthly.
    2021 Golding, G. (2021). WA is adopting our strongest COVID vaccine mandate, and the rest of the country is watching with interest. Australian Broadcasting Corporation.
    2021 Golding, G. (2021). Can disconnect rights best be won by common law, or NES?. Workplace Express.
    2021 Golding, G. (2021). COVID-19 vaccination deadline arrives for tens of thousands of West Australian workers. Australian Broadcasting Corporation.
    2020 Golding, G. E. (2020). Coronavirus and Directing Employees to Work from Home: Examining an Employer's Duty of Care. Labour Law Down Under.

Gabrielle has been awarded the following competitive research grants:

  • Adelaide Law School Grant Accelerator Scheme (Chief Investigator, July to December 2023, internal, $5,000 AUD) 
  • Barbara Kidman Women's Fellowship (Chief Investigator, January to December 2022, internal, $30,000 AUD)
  • International Lawyers Assisting Workers Network C/O The Solidarity Center: Future of Law Database (August to October 2021) (Chief Investigator, ARC Category 3, $30,000 AUD)
  • Law Foundation of South Australia Inc: The Role and Operation of Powers of Attorney in South Australia (Lead Researcher, ARC Category 3, $40,000 AUD)
  • Higher Degree by Research Write-up Grant (Chief Investigator, January to June 2017, internal, $6,500 AUD)

Gabrielle currently teaches in the following courses:

  • Contract Law;
  • Employment Law: Selected Issues;
  • Regulation of Work: Current Issues; and
  • Honours Research and Writing

 

  • Current Higher Degree by Research Supervision (University of Adelaide)
    Date Role Research Topic Program Degree Type Student Load Student Name
    2020 Co-Supervisor The Efficacy of Trade Union Rights of Entry Under the Fair Work Act Doctor of Philosophy Doctorate Part Time Katherine Sarah McFarlane

  • Other Supervision Activities
    Date Role Research Topic Location Program Supervision Type Student Load Student Name
    2021 - 2021 Principal Supervisor Access to Justice through Triage in South Australia in Order to Ensure that Clients are Adequately Guided Towards Appropriate Legal Support The University of Adelaide LLM (Access to Justice Specialisation) Master Full Time Guglielmo Plain
    2020 - ongoing Co-Supervisor The Efficacy of Trade Union Rights of Entry Under the Fair Work Act University of Adelaide Doctor of Philosophy Doctorate Full Time Katherine Sarah McFarlane
    2019 - ongoing Principal Supervisor Forced Marriage in Australia University of Adelaide Research Dissertation Other Full Time Anne-Sung O'Sullivan
    2017 - 2019 Co-Supervisor Liquidated Damages and Penalties: A Comparison of the Common Law and Certain International Approaches Monash University Doctor of Philosophy Doctorate Full Time Mr Richard Manly QC
  • Position: Senior Lecturer
  • Phone: 83135104
  • Email: gabrielle.golding@adelaide.edu.au
  • Campus: North Terrace
  • Building: Ligertwood, floor 3
  • Org Unit: Adelaide Law School
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