Dr Mirella Atherton

Mirella specialises in Banking and Finance Law while advocating for changes that benefit everyone in the community. Calling on experience as a volunteer for the Criminal Justice Support Network who assist intellectually disabled people at police stations and at courts, her current projects include:

Gaming and Gambling with credit and other forms of currency

The online gaming and gambling industry has been harnessing the power of immense data sets to drive effective, targeted marketing. Transactional data or the digital footprint which is collected through the interactions with websites provides detailed behavioural insights, allowing a granular digital profile to be constructed for each customer. Data is a powerful tool,  when utilised by operators to optimise each step of the experience through the use of so-called ‘dark nudges’.  These enable personalised, targeted online advertising,  as well as inform website and product design in order to influence the user and ultimately maximise profits. 

Privacy of data

There is strong evidence that discrimination occurs by artificial intelligence within lending platforms. Micro decisions that consumers make can be factors in financial records that weigh against them. The Australian Securities and Investments Commission (ASIC) is involved in ongoing regulatory enforcement across Australia to reign in unconscionable conduct involving consumers. To effectively reduce discrimination and increase transparency it is clear that multiple organisations need to collaborate to develop effective consumer protection laws and complementary policies. Mirella's research conducts an innovative and much needed investigation into the legal and social factors involved in maintaining data privacy and reducing discrimination for the benefit of all consumers.

Buy Now Pay Later

The Buy Now Pay Later (BNPL) industry is rapidly growing in popularity with NAB Now Pay Later being one of the latest to join. Rising costs of living means that BNPL offer consumers an easier way to make purchases. There is a concern that the use of this payment option could lead to disadvantaged and vulnerable consumers spending money they don’t have, incurring financial consequences for choices that they make and spiraling into a debt cycle. Protecting consumers from financial harm without restricting access to new financial technology is a delicate balance. BNPL schemes have avoided lending obligations that apply to other short term lending arrangements. Unknown to many consumers is the fact that providers will gain valuable insight into consumers’ purchase behaviours, which will allow the company to predict future consumption and spending behaviour.

Cryptocurrency and digital scams

While all demographics are vulnerable to scams, the ACCC noted that people aged 55 to 64 reported the highest total losses of investment losses, which included $32 million between 1 January and 1 May 2022.  Furthermore, over 80% of losses reported by this age group was lost to investment scams, a value totaling $26 million.  Therefore, it seems likely that older Australians tend to be the most vulnerable demographic group to fall victim to these scams. The newer the investor, the more vulnerable they are to scams. This fast-moving area of financial technology presents risks for other vulnerable consumers too. In contrast to traditional forms of currency, digital currencies now allow payments to be made directly to another person online, anonymously, anywhere in the world utilising encryption and bypassing the banking sector. These transactions effectively execute themselves when specified events occur and this raises the question of how these contracts could be adjudicated or varied in the case that a dispute arose. 

Avatars help in solving legal problems

Virtual learning environments have been recognised as an area of particular importance to improve desirable learning behaviours,  enhance student experiences and improve student retention. As many of the new generation of law students are technologically savy, launching avatars encourages them to be engaged in the learning environment. Avatars in the computer mediated educational space have the potential to offer value for educators and learners through customisation of the avatar to the individual parameters that are required. Several studies are reporting the positive impact virtual reality learning environments have on students’ engagement and performance compared to other non-immersive learning approaches. Avatar use in educational contexts is still in its early stage of development and first year law students at the University of Newcastle, School of Law and Justice will learn problem solving skills with the help of avatars for the first time in 2024.

Within the School of Law and Justice Mirella Atherton is the Co-Convener of the Masters Programs with Eliezer Sanchez-Lasaballett. 

Mirella is available to co-supervise PhD research projects.