Tomas Fitzgerald

Mr Tomas Fitzgerald
BA (Philosophy, English Literature) LLB
Senior Lecturer

Phone: 9433 0968

Prior to taking up a full time academic position, Tomas worked as an in-house counsel for a multinational public company. His work involved a diverse range of matters within the areas of Intellectual Property, International Commercial Arbitration, Industrial Relations and Civil Litigation generally.

Tomas' overarching area of research interest is Legal Philosophy. His research generally falls into two key areas. Firstly, specific investigation of the New Haven School of Jurisprudence; in particular its epistemology and its prospects as a coherent framework for discussions of International Law.

Secondly, his research applies the insights of legal philosophy to various contentious legal issues, with the hope that an understanding of the key concepts might better elucidate what is at stake in any particular debate. Publications in this vein have considered areas as diverse as GST, performance enhancing drugs in sport and the desirability of affirmative action programs in Law.
Teaching Areas
Legal Philosophy
Intellectual Property
International Trade Law
Research Expertise and Supervision
Legal Philosophy and Jurisprudence generally
The New Have School of Jurisprudence
Feminist analysis of Law
The law relating to performance enhancing drugs
Patents and Trademarks


Research and engagement

Journal Articles and Proceedings
  • Fitzgerald, T., ‘The Zero-rate of GST on Food, Still Equitable? Was it Ever?’ (2014) 1 Curtin Law and Taxation Review.
  • Howieson, J., Fitzgerald, T. W. ‘A cultural challenge for the Western Australian legal profession: a lack of diversity at the WA Bar?’ (2012) 36 (1) The University of Western Australia Law Review, 227.
  • Kendall, C., Fitzgerald, T., ‘Gone But Not Forgotten – Fame and Abandonment under Section 92(4)(b) of the Trade Marks Act’ (2008) 73 Intellectual Property Forum 42.
  • Kendall, C., Fitzgerald, T., ‘Defining “Inventiveness” – Still not “Obvious” Post-Lockwood’ (2007) (December) 71 Intellectual Property Forum 46.
  • Collie, J., Fitzgerald, T., Hevron, K., Moens, G., Mukund, M., Taylor, M., ‘The Willem C Vis International Commercial Arbitration Moot 2004-05’ (2005) 9 International Trade and Business Law Review 215
Conference Papers
  • Fitzgerald, T., “Doping in Sport – Should it be a Crime?” (2015) Presented at Bond Interdisciplinary Conference on Sport.
  • Fitzgerald, T., “One Right Answer; Most Coherent or Most Persuasive – A New Haven Challenge to Dworkin’s Epistemology” (2014) Presented at 2014 ASLP (Australian Society of Legal Philosophy) Conference at Murdoch University
  • Fitzgerald, T., "Crimes against sport: The Armstrong problem" (2013) Arts Conference Papers. Paper 57. Presented at 2013 AAPAE conference (Australian Association for Professional and Applied Ethics). 20th Annual Conference at University of Notre Dame, Australia
  • Fitzgerald, T., “Sure it Works in Practice, but does it Work in Theory? Epistemological Challenges for the New Haven School; a Comparative Approach”(2013) at the 5th International Conference on New Haven Jurisprudence held at the City University in Hong Kong on September 17 and 18.
In the Media
Fitzgerald, T., ‘Making the Case for GST on Fresh Food’ 19/1/2015

Fitzgerald, T., ‘Tender doublespeak adds risk to submarine decision’ 16/2/2015
Unijobs Lecturer of the Year, Notre Dame 2010.