Council of Australian Law Deans
Meeting 2007#3 University of Western Australia, Perth 22 & 23 September 2007
DRAFT MINUTES
CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
ATTENDANCE Present (22) Deans (14) Professor Michael Coper Australian National University Assoc Professor Mark Stoney Edith Cowan University Professor Paula Baron Griffith University Professor Gabriel Moens Murdoch University Professor The Hon Michael Lavarch Queensland University of Technology Professor Bee Chen Goh Southern Cross University Assoc Professor Rosemary Owens University of Adelaide (Acting) Professor Murray Raff University of Canberra Professor Michael Crommelin University of Melbourne Assoc Professor Jürgen Bröhmer University of New England Professor Michael Gillooly University of Notre Dame, Australia Professor Bill Ford University of Western Australia Professor Michael Adams University of Western Sydney Professor Luke McNamara University of Wollongong Deputising (4) Professor Patrick Keyzer Bond University Assoc Professor Matthew Storey Charles Darwin University Ms Mandy Shircore James Cook University Professor Vicki Waye University of South Australia In attendance (5) Mr Christopher Roper (by phone) Consultant Dr Susanne Owen Owen Educational Consulting Ms Jennifer Braid CALD Secretary Ms Karen Heuer PA to Dean Coper Ms Barbara Williamson PA to Dean Ford
Apologies (16) Professor Duncan Bentley* Bond University* Mr Dennis Clark* Charles Darwin University* Professor Anne Rees Deakin University Assoc Professor David Bamford Flinders University (Acting) Professor Paul Havemann* James Cook University* Professor Gordon Walker La Trobe University Professor Tyrone Carlin Macquarie University Professor Arie Freiberg Monash University Professor David Dixon University of New South Wales Professor Ted Wright University of Newcastle Professor Charles Rickett University of Queensland Professor Paul Fairall* University of South Australia* Professor Ron McCallum University of Sydney Professor Don Chalmers University of Tasmania Professor Jill McKeough University of Technology, Sydney Assoc Professor Bruno Zeller Victoria University (Acting)
*Represented by Deputy
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1. PRELIMINARY MATTERS
1.1. *Welcome and attendance The meeting began at 2.00 pm on Saturday 22 September 2007. The Chair expressed the appreciation of CALD to Dean Ford for the organisation of the CALD meeting at his university. The Chair particularly welcomed to their first CALD meeting Deans Baron (Griffith), Brohmer (UNE) and Gillooly (Notre Dame), and also those deputising for their law schools, including Professor Patrick Keyzer (Bond), A/Professor Matthew Storey (CDU), Ms Mandy Shircore (JCU), and Professor Vicki Waye (UniSA). He also welcomed Dr Susanne Owen, CALD's consultant on the Carrick DBI Project (see item 4.4) and Ms Barbara Williamson (PA to Dean Ford).
[Post-meeting note about decanal movements: As previously noted, new Deans Gillian Triggs (Sydney) and James Hathaway (Melbourne) will represent their law schools on CALD from 2008, following the decanal retirements of Ron McCallum (Sydney) and Michael Crommelin (Melbourne). In addition to this, and previously unannounced, Andrew Clarke has been appointed at VU, replacing Bruno Zeller, who was acting; Stephen Graw has been (re)appointed at JCU, replacing Paul Havemann; Martin Chanock has been appointed at La Trobe, replacing Gordon Walker, but only until February 2008, when he retires and Jianfu Chen takes over; Charles Rickett has stepped down as Dean at UQ and Ross Grantham is acting; and David Bamford continues to act at Flinders while Gary Davis is on leave to take charge of the Carrick project. Geraldine Mackenzie (formerly of QUT) is the new Head of Law at USQ, and has been invited to attend CALD as an observer, pending application by USQ for CALD membership. Michael Coper (ANU), though stepping down as Chair of CALD, has been re-appointed as Dean at ANU for a further five-year term.]
1.2. Apologies The apologies were noted as per the above list. [Deans Carlin (Macquarie) and Chalmers (UTas), contrary to the anticipation of the agenda, were late scratchings.]
1.3. *Starring of items The Chair noted the double-starred (priority) items: 3.4 Research Quality Framework (RQF); 5.4 Accreditation issues and external monitoring of standards; and 6.2 Law Admissions Consultative Committee (LACC).
1.4. *Confirmation of minutes of meeting 2007#2 The draft minutes of meeting 2007#2 held on 15 & 16 July 2007 at the Southern Cross University, Byron Bay Campus, had initially been circulated by email. The version in the meeting papers, that is, the version posted on the password-protected part of the CALD website, incorporated suggested amendments by Deans Fairall (item 6.2) and Goh (item 4.5).
The Chair enquired of the meeting whether there were any ideas for improving the format for future minutes. The cumulative list of resolutions, for example, was not strictly necessary, but Deans had indicated that they found it useful
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(now that the password-protected website was functioning well for the distribution of papers, however, the list could simply be posted on there). The 'post-meeting notes' were also found to be a useful innovation (though, ironically, their utility was inversely correlated with the timeliness of the distribution of the minutes). Deans to let the Chair or the Secretary know if they have any further suggestions.
Resolution 2007/43: That the minutes of meeting 2007#2 be approved.
1.5. *Matters arising from the minutes
The Chair noted that there was nothing arising under the previous minutes that was not covered in today's agenda, other than that he should inform the meeting that, under 'Action Item 3.4 RQF: continue search for possible end users for nomination to Panel 11’, the following membership of the Panel had been announced by DEST:
Panel Eleven: Law, Education and Professional Practices
Name Title/Position Organisation Chair Hilary Professor Australian National Charlesworth University Fazal Rizvi Professor in Global Studies in Education University of Illinois at Urbana-Champaign, USA Peter Goodyear Professor of Education The University of Sydney Janet Chan Professor The University of New South Wales Barbara Fawcett Professor and Associate Dean (Research) The University of Sydney Margaret Davies Professor Flinders University John A C Hattie Professor and Project Director of Assessment University of Auckland, Tools for Teaching and Learning New Zealand Anthony Duggan Professor and Iacobucci Chair University of Toronto, Canada Christopher Peter Professor and Head of Journalism Liverpool John Moores Frost University, UK David Harris Dr Self Employed Solomon Dahle Suggett Dr and Deputy Secretary Victoria Department of Education and Early Childhood Evelyn Woodberry Ms and University Librarian University of New England
1.6. *Meeting papers
CALD has adopted the practice of making the meeting papers available on the password-protected section of the CALD website. The papers for meeting 2007#3 were as follows:
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1.0_CALD_Agenda_2007_No.3__Perth.pdf 1.4_CALD_draft_minutes_2007_2_ByronBay.pdf 2.3_Treasurer_Report_Sept_07.pdf 2.4_Secretariat_report_September_2007.pdf 3.1_1.AAL_launch_July_07_GovQld_speech.htm 3.1_2.AAL_launch_July_07_ChiefJustice_speech.pdf 3.1_3.AAL_launch_July_07_ALRCPresident_speech1.pdf 3.1_4.AAL_launch_July_07_ALRCPresident_speech2.pdf 3.1_5.AAL_launch_July_07_Chairs_speech.pdf 3.3.2_ALPN_report_1.pdf 3.3.2_ALPN_report_2.pdf 3.4_RQF_background_paper_on_outlet_ranking.pdf 3.4_RQF_CALD_WP_Recomm_Ranking.pdf 3.4_RQF_REPP_Rankings_process.pdf 4.1_ALSA_report_Sept_07.pdf 4.2_ALTA_report.pdf 4.4_1.Carrick_Report_Adelaide_DBI_meeting.pdf 4.4_2.CarrickDBI_PrelimTsks_Owen.pdf 4.4_2a.Carrick_reimaging_law_curricul_Owen.pdf 4.4_3.Research_proposal_BrainMindInstitute.pdf 5.4_Standards_report_Roper_draft_11_Sept_07.pdf 6.1.0A_Agenda_CALD_SC_Practice_10Sept07.pdf 6.1_NJCA_report_Sep_07.pdf 6.3_1.NPBRC_student_probono_paper.pdf 6.3_2.CALD_student_probono_policy.pdf 6.5.1_1.LegalEducationCommitte_Mins_Sept07.pdf 6.5.1_2.DEST_Masters_guidelines_submission.pdf 6.5.1_3.DEST_draft_guidelines_Masters_Studincomesupport.pdf 7.1.0_ILSAC_Secretariat_briefing_CALD_Perth.pdf 7.1.2_ILSACletter_CALD_options_central_assess_overseas_qual_lawyers_admiss_pr actise_Australia.pdf 7.1.2_ILSACpaper_admissionpracticeAustraliaOverseasQuaifLawyers_Dec05.pdf 7.1.2_ILSACTwo_options_for_central_assess_overseas_quals.pdf 7.1.4_ILSAC_SLIA_2007_distribution_list.pdf 7.1A_AGmediarelease_ACICA_publicat_managing_disputes.pdf
2. COUNCIL MATTERS
2.1. *Membership/Constitution As noted in the meeting agenda, the University of Southern Queensland (USQ) Faculty of Business has accredited LLB and JD law programs. RMIT’s School of Accountancy and Law has an accredited JD program. Like programs have been foreshadowed at Curtin University of Technology (WA) and the University of the Sunshine Coast (Qld). The meeting noted briefly that, where there was no identifiable law school as such, these new programs could raise issues for both the CALD project on Standards for Australian Law Schools (item 5.4) and for membership of CALD itself, according to the CALD Constitution. It was suggested that this matter was best discussed under item 5.4 Resolution 2007/44: That the status and implications of law programs that were accredited for admission of their graduates to legal practice but were not offered within a law school as such be further discussed at meeting 2008#1.
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[Post-meeting note: The Chair has been approached by Professor Geraldine Mackenzie, the new Head of Law at USQ, which does evidently have a law school as such; consequently, USQ may apply for membership of CALD in the near future.]
2.2. *Election of office bearers Deputy Chair, Dean Bill Ford, was elected as Chair of CALD for 2008-2009 at meeting 2007#2. Dean Don Chalmers was nominated at that meeting as Deputy Chair, but, as foreshadowed (see minutes of meeting 2007#2), further nominations for Deputy Chair were to be called for. Just prior to meeting 2007#3, Dean Chalmers contacted the Chair and withdrew his consent to the nomination because of heavy international work and research commitments. The Chair tabled a nomination for Dean Jill McKeough (UTS) and called for other nominations, noting the developing CALD constitutional convention that, other things being equal, and assuming the Deputy Chair to still be a Dean at the relevant time, the Deputy Chair be regarded as the Chair-elect for the term (ie 2010-2011) following that of the next (ie 2008-2009) Chair. There were no other nominations.
Resolution 2007/45: That Dean McKeough (UTS) be elected as Deputy Chair of CALD for 2008-2009.
According to the CALD Constitution, the Treasurer’s position was open for election. Dean Murray Raff (UC) kindly agreed to again stand as Treasurer. There were no other nominations.
Resolution 2007/46: That Dean Raff (UC) be elected as Treasurer of CALD for 2008-2009.
The Chair thanked Deans McKeough and Raff for their generosity in making themselves available for these positions.
Also raised for discussion were the positions of Chairs for 2008 of two of the CALD Standing Committees: the CALD Standing Committee on Standards and Accreditation (following the retirement of Dean Crommelin from the Deanship at Melbourne), and the CALD Standing Committee on International Matters (following Dean Ford's election as Chair of CALD for 2008-2009). The Chair called for expressions of interest, and let the matter lie on the table. The Chair also called for new members to consider putting up their hands for membership of a Standing Committee of particular interest to them. He foreshadowed that, as was already becoming evident, the operation of the Standing Committees between plenary meetings of CALD would become critical to CALD's effective functioning and ability to achieve its goals.
Resolution 2007/47: That the Secretariat contact the Deans early in 2008 about their interest in membership of the various Standing Committees, and that the Chair, in consultation with the Deans, seek to identify Chairs for 2008 for the CALD Standing Committee on Standards and Accreditation and the CALD Standing Committee on International Matters.
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2.3. *Treasurer’s report The Treasurer, Dean Raff, circulated his report, which showed a strong financial position for CALD (see meeting papers). The report was noted, in particular that CALD now has a membership of 30 law schools (yielding $75,000 per annum in fees at the current level of $2,500) and that the cost of producing Studying Law in Australia should reduce over time following the establishment cost in 2007 of converting the traditional hard copy publication into the evidently well-received and anecdotally successful CD-ROM and web- based format.
The Chair observed that CALD was moving forward well as an organisation, but that it was very important now to harness CALD's various resources to establish a more durable and professional secretariat. The Chair expressed the view that CALD should give close consideration to a suggestion made originally by Dean Fairall at meeting 2006#1 (Hobart) that CALD should consider having part-time academic support, on the model of the Australasian Institute of Judicial Administration (AIJA), funded by, for example, a buy-out of the person's teaching or by securing the part-time services of a recently retired Dean or other qualified person. The possibility of a joint CALD/ALTA secretariat was also still on the table.
The CALD Executive should meet soon to consider these issues. CALD had been well-served by its various secretaries, and by the pro bono service of its decanal office holders, which would remain at the core of CALD's work and potential contribution, but CALD's agenda had become much more extensive and ambitious, and the issues confronting the discipline more pressing, and CALD's new sense of real capacity to make a difference needed stronger support to realise its potential.
Resolution 2007/48: That the CALD Executive meet in the near future to consider ways of revamping and upgrading the CALD Secretariat.
The Chair then proposed that, to better accommodate the cost of a more durable and professional secretariat, there be an appropriate increase to the annual CALD membership fee. A modest increase for 2008 was in any event foreshadowed in the agenda. The matter was briefly discussed, with strong support for a reasonably robust increase. A motion was moved by Dean Moens (Murdoch) and seconded by Dean Lavarch (QUT) and carried unanimously.
Resolution 2007/49: That the CALD membership fee for 2008 be increased to $3,000, and that invoices be sent out in January 2008 reflecting this increase.
2.4. *Secretariat report The Secretariat report was noted. As suggested at meeting 2007#2, long- standing current Deans (eg Chalmers, Coper, Crommelin, Fairall, Ford) will in due course send their CALD archival material for inclusion on the CALD website (item 2.7). As the Secretary noted in her report, the project to make available and searchable all previous CALD papers is well advanced; once the gaps are identified, the long-standing current Deans and select former Deans will be asked to provide any missing material.
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Resolution 2007/50: That the CALD Secretariat establish, on completion of the documentation and posting on the CALD website of currently-held archival material, where gaps occur, and contact long-standing and former Deans to supply material in their possession to fill those gaps.
2.5. *Next meetings (2008, 2009) The Chair reminded the meeting that the principles guiding the organisation of the schedule of plenary meetings could be found in the minutes of meeting 2005#2.
During discussion at the present meeting, it was observed that weekend meetings were family unfriendly, and that it was preferable to have weekday meetings, as part of a normal work commitment. Thus, for the second (ALTA- connected) meeting of the year, it was decided to experiment by having the CALD meeting immediately after rather than immediately before the ALTA conference, thus avoiding a weekend meeting (and potentially increasing decanal attendance at ALTA).
Using the best information available, the schedule for CALD meetings for 2008 and 2009 was agreed as follows:
2008 Meeting 1 Monday 3 March & Sydney (UNSW) Tuesday 4 March Meeting 2 Wednesday 9 July & Cairns (JCU) (following ALTA, Thursday 10 July which is from 6-9 July 2008)
Meeting 3 November (dates TBA) Adelaide (U Adelaide)
2009 Meeting 1 March (dates TBA) In conjunction with 36th Aust Legal Convention (date and place yet to be fixed by LCA)
Meeting 2 July (dates TBA) Sydney (UWS) (in conjunction with ALTA)
Meeting 3 November (dates TBA) TBA
2.6. Correspondence No discussion under this item.
2.7. *Website (http://www.cald.asn.au/) The CALD Standing Committee on Information Communication Technology (ICT) is chaired by Dean Michael Adams (UWS). It has not been finally resolved whether this initiative in fact needs a committee, or whether the web oversight and development function is better performed simply by a designated person.
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The Secretariat will upload to the CALD secure website, in the near future, the existing CALD archival material gathered together and organised by a research assistant at ANU, as this project is nearing completion.
Resolution 2007/51: That the CALD Secretariat, on completion of the archival project, upload the material to the CALD secure website.
2.8. Other matters (including public statements) No discussion under this item, but see item 7.7 below in relation to CALD's public statement on the rule of law in Pakistan.
3. LEGAL RESEARCH AND SCHOLARSHIP
3.1A *Report of CALD Standing Committee on Legal Research Dean David Dixon (UNSW), Chair of the Standing Committee on Legal Research, unfortunately could not attend the Perth meeting and asked the Chair to report on items listed below.
3.1 *Australian Academy of Law (AAL) The history of the establishment of the AAL is set out in previous minutes, and the draft AAL Constitution was included in the papers for meeting 2007#2. Fifteen Deans attended the launch of the AAL on 17 July 2007 at Government House, Brisbane, following CALD meeting 2007#2 at Byron Bay on 15 and 16 July 2007. Speeches given at the launch were posted on the CALD website as part of the 2007#3 meeting papers: those by launch host, Governor of Queensland, Ms Quentin Bryce; High Court Chief Justice Murray Gleeson; and ALRC President Professor David Weisbrot. CALD Chair Dean Michael Coper (see meeting papers) and Dean The Hon Michael Lavarch (QUT) spoke at the symposium following the launch.
The AAL was incorporated on 21 September 2007, and it has been suggested that it be located at ANU in line with the location of other scholarly academies (Humanities, Social Sciences). The ANU Vice Chancellor is agreeable to this. Professor David Barker (UTS, former Chair of CALD) will be the public officer of the AAL, with the initial task of building the membership and resource base.
As part of a small CALD delegation, comprising himself, Dean Raff (UC) and Acting Dean Zeller (VU), the Chair met with the (then) Minister for Education, Science and Training, The Hon Julie Bishop MP, on 19 September 2007, and raised for discussion, inter alia, the funding of a secretariat for the AAL through the Department of Education Science and Training (DEST), again in line with current arrangements for the other scholarly academies: Science, Humanities, Social Science, and Technological Sciences and Engineering. The Minister was not unsympathetic, and gave the delegation the name and contact details of the relevant DEST officer. The Chair agreed to follow up in the near future.
Resolution 2007/52: That the Chair approach DEST to explore funding support for the nascent Australian Academy of Law (AAL).
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3.2 *Council for the Humanities, Arts and Social Sciences (CHASS) The Chair reported that there were no new matters for discussion under this item, but that members could keep abreast of CHASS matters via the CHASS website (http://www.chass.org.au). The Chair, on behalf of CALD and as agreed on a previous occasion, had proposed Dean Paul Havemann (JCU) to the CHASS Board Search Committee for nomination to the CHASS Board, but the proposal was not adopted by that committee. Nominations were able to be made independently of that process, but the Chair was not aware of any other nomination of a law person, other than existing CHASS Board member and former Law Dean at Notre Dame, Professor Greg Craven (currently DVC at Curtin, imminently VC at ACU).
3.3 *3.3.1 Law Research Network (LawRN) There were no matters or papers for discussion under this item. The Chair noted that the CALD Standing Committee on Legal Research was to take responsibility for encouraging and developing LawRN, and in particular to encourage and facilitate a regular meeting of the Associate Deans for Research (by whatever title) at the annual ALTA conference. That did not seem to have happened for the current Perth ALTA meeting, but was recommended for future meetings.
*3.3.2 Australian Law Postgraduate Network (ALPN) The report on ALPN by former Dean Stephen Colbran (UNE) arrived late for meeting 2007#2 and was therefore included in the papers for this meeting. The ALPN project is funded by a Carrick Institute Leadership Grant to enhance law postgraduate supervision in Australia. There will be a review of the project after its first year of operation. In the absence of a presenter for the report, there was little discussion, although the point was made that, subject to one qualification, it was very good to see institutional vested interest being put aside in the interest of improving postgraduate research supervision for the discipline of law as a whole and on an Australia-wide basis. The qualification expressed by some Deans related to the proposed notion of connecting a student from one institution with an appropriately qualified supervisor from another institution. It was not clear why that student would not simply enrol in the latter institution, or what interest the latter institution would have in supplying a supervisor to a student in the former institution, when funding turned on institutional enrolments. It was suggested that it might be better to simply concede that the former institution lacked the capacity to supervise in that area and should advise the student to go elsewhere. ALPN could make many gains in gathering and disseminating information on an Australia-wide basis, improving the general framework for and quality of postgraduate supervision in Australia, and thereby improving the experience of postgraduate research students, without necessarily attempting a national supervision scheme without reference to institutional boundaries.
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3.4 **Research Quality Framework (RQF) As indicated in the agenda, CALD participated, along with other invited lawyers, in a DEST-organised RQF workshop on Panel 11 on 23 July 2007; made a submission to DEST by way of responses to questions raised at the workshop; and made a further submission to DEST on the draft panel-specific requirements for Panel 11. These submissions had some impact on the final form of the specifications (for example, in countering the traditionally dismissive attitude to textbooks in the context of original research).
The CALD Standing Committee on Legal Research also had a teleconference on 17 September 2007 to further discuss how CALD should approach law journal and law publisher rankings. For the purposes of that teleconference, the committee had the benefit of two working papers kindly prepared by Professors Kathy Bowrey (UNSW) and Mark Israel (Flinders). The committee recommended the papers to the plenary meeting, but discussion revealed a certain lack of clarity in precisely what the authors were proposing as an alternative to the DEST-requested exercise in journal and publisher rankings and how that alternative approach would avoid some of the criticisms levelled by the authors at the DEST exercise.
Discussion at the meeting focused on the issue of law journal rankings, requested by DEST in order to provide a 'metric' to assist assessment of the body of work of each researcher put forward for assessment. Some Deans saw the exercise as too problematic to justify doing it at all, at least for the first RQF. Others saw it important to attempt to respond in good faith to DEST's request, even if that attempt came to nothing at the end of the day. One view was that the only relevant distinction was between refereed and non-refereed journals. There was consensus, however, that the existing rankings done by Griffith and UQ, admittedly for a different purpose, were unsatisfactory for the purpose of the RQF.
A number of familiar objections to ranking were rehearsed: the rise of specialist journals; the possible distinction between scholarly and professional journals; the typical motivation of authors to reach a particular audience rather than to worry about the possible status of the journal; the origin of many law journals in efforts to enhance library holdings by hooking into journal exchange arrangements; the predominance of institution-based journals as opposed to long-standing, discipline-based journals familiar in other disciplines (eg Nature in Science); and so on.
The discussion was inconclusive, save that the Chair was requested to (a) seek clarification from Professors Bowrey and Israel on aspects of their papers and (b) progress the matter by seeking more comprehensive feedback from the Deans before submitting to DEST CALD's final position on whether CALD would undertake the requested exercise of ranking the law journals, some modified version of that exercise, or not undertake it at all.
Resolution 2007/53: That the Chair seek clarification of the Bowrey/Israel recommendations, and then further canvas opinion amongst the Deans with a view to finalising CALD's submission to DEST on the ranking of law journals and law publishers.
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[Post-meeting note: Following further discussion amongst the committee, Deans Ford and Owens agreed to approach Professors Bowrey and Israel for the requested clarification, the upshot of which was that the paper was evidently intended merely as a starting point for dialogue with DEST rather than as a definitive position. At the same time, the Chair followed up on canvassing decanal opinion on the matter, by way of two comprehensive emails dated respectively 14 October 2007 and 15 November 2007. In what was possibly a first for CALD, replies were received from every Dean, the last on 10 December 2007.
The Chair is in the process of collating and analysing those replies and will report further shortly. In brief, the Deans were approximately evenly divided on whether to undertake a modified version of the ranking exercise or not to undertake one at all, though with complicating qualifications and the inevitable range of views 'in the alternative'.
It should also be noted that the incoming Labor government (elected 24 November 2007) has indicated that it will 'scrap' the RQF (see http://www.theaustralian.news.com.au/story/0,25197,22959349-12332,00.html), though such information as there is to date suggests that any alternative system may be more rather than less metric. The Chair will report shortly, as noted above, on CALD's current collective view, such as it is, on journal rankings, and the issue of how to proceed in a changed environment will then fall to be considered.]
3.5 *Other matters No discussion of the four matters currently under consideration under this item (law library funding, AustLII funding, ABS review of the RFCD codes, and law schools’ annual research output expectations of individual staff members). However, it was noted that it had been agreed previously to ensure that AustLII funding be kept on the agenda as a standing item.
[Post-meeting note: The Chair met with Mr David Brett of DEST on 29 October 2007 to discuss the riveting subject of how to make improvements to the current RFCD codes, and stayed awake just long enough to put in a submission on behalf of CALD on how to rationalise the existing categories. Chair to report separately by email; Deans to await with bated breath.]
4. LEGAL EDUCATION AND STUDENT MATTERS
4.1A *Report of CALD Standing Committee on Legal Education Dean Jill McKeough (UTS), Chair of the CALD Standing Committee on Legal Education and CALD Deputy Chair-elect for 2008-2009, circulated a report on the Carrick Institute Discipline-Based Initiative (DBI) Development Forum on the Teaching/Research Nexus, held in Adelaide on 29-30 August 2007, that she attended on behalf of CALD (see meeting papers). At the Forum, the appointment of Dean Gary Davis (Flinders) as Director of Law's Carrick Institute DBI Project, and that of Dr Susanne Owen as Project Manager, was noted.
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Unfortunately, because of overseas commitments Dean McKeough was unable to come to the Perth CALD meeting, and in her absence the Chair reported on the matters in this section.
4.1 Australian Law Students Association (ALSA) The ALSA report was included in the meeting papers and noted.
4.2 *Australasian Law Teachers Association (ALTA) No written report was received from ALTA in time for the meeting. Dean Michael Adams (UWS), who will assume the position of ALTA Chair for 2007- 2008 following the resignation of incumbent but indisposed Chair Professor Paul Moyle, spoke on behalf of ALTA. He said that ALTA was in the process of being incorporated and will re-establish its secretariat following the resignation of Ms Samantha McGoldrick, who had been an outstanding Secretary for the organisation. He informed CALD that matters were well in hand for the 2008 ALTA Conference, which will be hosted by the James Cook University School of Law at its Cairns campus. He also foreshadowed the success of the 2007 ALTA Conference (170 registrants) that would immediately follow the CALD meeting.
[Post meeting note: a report from Professors Moyle and Barker (respectively ALTA Chair and Secretary) was received by the CALD Secretariat on 4 October 2007 and posted on the CALD secure website.]
4.3 Curriculum Issues
4.3.1 Internationalisation of the curriculum This item was discussed under items 4.4 and 7.1.3.
4.3.2 Legal education and a law reform perspective No business under this item. The Chair noted in the agenda that this item, which stemmed from his presentation of a paper on the subject at meeting 2006#1, could probably be absorbed into item 4.4 for future meetings.
4.4 *Teaching and learning The Chair welcomed Dr Susanne Owen, who has been appointed to manage the Carrick DBI project. Dr Owen, Director of Owen Educational Consulting, comes to the CALD project from an educational base. She spoke about the directions of the DBI project and circulated diagrams of the proposed scope and process of the project. She touched upon, inter alia: • the identification of graduate attributes and how to embed them into the law curriculum; • the multiple destinations of law graduates (legal profession and beyond); • the nexus between teaching and assessment; • the nexus between teaching and research;
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• the mental well-being of law students (noting the Brain & Mind Research Institute ‘Lawyers are human too’ survey); • international dimensions of the law curriculum; • the 'Priestley 11' requisite subject-matter academic requirements; • the CALD 'standards' project; • the challenge of inculcating the values of professionalism in Australian legal education; • the Carrick imperative to identify synergies with other professional disciplines; and • the need to identify infrastructure and resource needs for quality legal education in Australia.
The Chair acknowledged that his original submission on behalf of CALD to the Carrick Institute, although successful in securing the funding of $250,000, may have been rather too ambitious; in any event, Deans McKeough and Davis have now redrawn and confined the project to what may be more practicable in terms of 'achievables', at least in the short term. In discussion, the Deans emphasised that this was an opportunity not to be missed of sharing knowledge on the common issues of curriculum, pedagogy, and the mission of law schools, and that it must be harnessed to benefit the discipline as a whole. Dr Owen discussed the proposed survey of depression amongst law students and the intricacies of ethics clearance. Other items discussed included the need to bring together the Associate Deans for Teaching and Learning (by whatever title); the need to make the AUTC stocktake report of some years ago more accessible, perhaps by posting it on the CALD website; the continuing need to do a stocktake on the teaching of ethics in Australian law schools; the need to look at clinical legal education and work experience opportunities; the impact of technology; the need to track the destinations of law graduates (as the Centre for Legal Education had once done when funded by the NSW Law Foundation, as it then was); and the need, so often emphasised by the Chair, for an ongoing body to support research into legal education. Resolution 2007/54: That Dr Owen progress the depression survey, including clarifying the ethics clearance situation.
Resolution 2007/55: That the Secretary, in consultation with the CALD Standing Committee on ICT, investigate the uploading of the ‘Australian Universities Teaching Committee (AUTC) Project on Learning Outcomes and Curriculum Development’ onto the CALD website.
Resolution 2007/56: That the Secretary compile a list of all of the Associate Deans for Teaching and Learning and their contact details, provide that list to Dr Owen, and post the information on the CALD website.
4.5 Other matters No business under this item.
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5. LAW SCHOOL MATTERS
5.1A *Report of CALD Standing Committee on Standards and Accreditation The Chair of the CALD Standing Committee on Standards and Accreditation, Dean Michael Crommelin (Melbourne), reported on the activities of the committee since meeting 2007#2 at Byron Bay. The committee, by teleconference on 10 September 2007, discussed with consultant Mr Christopher Roper the contents of chapters 5 & 6 of the draft report on 'Standards for Australian Law Schools' (see item 5.4 below). Dean Crommelin thanked Mr Roper for his work on the report. Dean Crommelin informed the meeting that both he (as an invited guest) and Dean Coper (as a member) had attended the Law Admissions Consultative Committee (LACC) meeting in Melbourne on Friday 21 September 2007 (the day before the CALD meeting) and had jointly presented to LACC a progress report and outline of the draft report, one copy of which was tabled for inspection. The initiative and concept of the report was well received by LACC (see also item 6.2 below).
Under item 5.4 below, all Deans present at the meeting would have the opportunity to discuss via a teleconference with Mr Roper the content of chapters 5 & 6 (the draft report had been circulated and included in the meeting papers). When Mr Roper has incorporated the suggestions from the meeting, the penultimate draft will go to the CALD Standing Committee on Standards and Accreditation for final tweaking and presentation to CALD meeting 2008#1 for final approval. Once the report is finalised, it will be forwarded to LACC, State and Territory admitting authorities, and the Law Council of Australia (possibly via the LCA's new Legal Education Committee) for comment.
5.1 *External funding As mentioned in item 3.1 above, the Chair met with the Minister for Education, Science and Training, The Hon Julie Bishop MP, on 19 September 2007. Deans Raff and Zeller also attended this meeting, to discuss with the Minister a range of CALD matters. As to the funding of Australian legal education, the Chair drew the Minister's attention to the CALD submission to DEST of 26 February 2007 (supplied to the Minister in advance of the meeting) on the DEST review of the Higher Education Support Act 2003 (HESA) (see http://www.cald.asn.au/), which, in his view, contained compelling reasons for a substantial increase in the government-funded component of a Commonwealth supported law place. The Minister was unimpressed, commenting that there was clearly no crisis in legal education, because the lawyers being produced by Australian law schools were obviously very good, as evidenced by the number of young Australian lawyers securing positions with the top law firms in the UK.
5.2 Internal funding No business under this item.
5.3 Governance and management No business under this item.
15 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
5.4 **Accreditation issues and external monitoring of standards The Chair welcomed Mr Christopher Roper, the consultant employed by CALD to progress CALD's standards project. Mr Roper joined the meeting by telephone. The Chair thanked Mr Roper for his extensive work on the project. In the Chair's view, the development of minimum and aspirational standards for Australian law schools was arguably the most important matter on CALD’s current agenda.
Mr Roper had incorporated into the draft report the input from the Deans from CALD meeting 2007#2 at Byron Bay and from the teleconference with the CALD Standing Committee on Legal Research on 10 September 2007. Discussion at the Perth meeting focused on chapters 5 and 6, with particular reference to:
• the need to better align the identification of the areas appropriate for standards in chapter 4 with the standards themselves in chapter 5; • the issue of the relationship between the standards and the accreditation processes employed by the accrediting authorities; • the need for the standards not to be too prescriptive; • the desirability in due course of having explanatory narrative commentaries to supplement and amplify the articulation of the standards; • the utility of using medical profession standards as a comparator; • the importance of including ethics, professional responsibility, and professional values (including pro bono obligations) as an integral part of the standards; and • the 'pointy end' issues of who determined whether the standards had been met, and what were the consequences of not doing so (for example, should demonstrated compliance result in membership of CALD or perhaps of some new body?).
As noted under item 5.1A, it is envisaged that a draft final report will be circulated in advance of and be finalised at meeting 2008#1 (UNSW, Sydney, 3 & 4 March 2008).
Resolution 2007/57: That the points made at meeting 2007#3 in relation to the draft report on Standards for Australian Law Schools be incorporated into the draft and that the CALD Standing Committee on Legal Research make any final changes prior to presentation of the report at meeting 2008#1 for finalisation.
5.5 Law school rankings No discussion under this item. However, the agenda noted that the CALD Standing Committee on Standards and Accreditation would progress this matter, in particular by developing a critique of ranking methodologies and by recommending whether CALD should have a policy or collective view on rankings (see CALD resolution 2006/50).
16 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
5.6 Other matters No business under this item.
6. LEGAL PRACTICE AND LEGAL PROFESSION MATTERS
6.1A *Report of CALD Standing Committee on Legal Practice and Relations with the Legal Profession The Chair of the CALD Standing Committee on Legal Practice and Relations with the Legal Profession, Dean The Hon Michael Lavarch (QUT), reported on the committee’s activities since meeting 2007#2. The committee had a teleconference on 10 September 2007. Minutes from the teleconference were in the meeting papers. Matters arising from the minutes were: • draft guidelines on academic misconduct: after further consultation with all Deans (suggestions received from Dean Freiberg (Monash) and incorporated as appropriate), it was proposed that the draft guidelines be sent to LACC, for their comment, advising that the document will be considered for endorsement at CALD’s Perth meeting. The Chair of CALD tabled the draft guidelines at the LACC meeting of 21 September 2007, where the exercise was received positively and some particular comments made. See further item 6.4. • admission to practice of overseas qualified lawyers: see item 7. • tailored course for overseas applicants seeking admission to practice: more information about UTS course to be sought; again to be dealt with under item 7. • teaching ethics and professional responsibility: after considering the Australian Universities Teaching Committee (AUTC) (2003) report (CALD resolution 2007/38), the CALD Standing Committee thought the report was neither sufficiently comprehensive nor sufficiently up-to-date to avoid the need for CALD to do its own stocktake. (The stocktake idea derived from the need to respond to LACC's request to reframe the current description of the Priestley requirement in relation to legal ethics following the elimination of trust accounting from the academic requirements.) The stocktake was referred to Dean McKeough in her capacity as Chair of the CALD Standing Committee on Legal Education, to be dealt with in the context of the Carrick DBI project. • academic credit for specialist practice accreditation: noted for future discussion. • appraisal of law programs and law courses: the Chair of CALD, with the agreement of the CALD Standing Committee on Legal Practice, gave to the Chair of LACC, on a confidential need-to-know basis, a copy of the Standards for Australian Law Schools draft report (see item 5.4 above).
Resolution 2007/58: That Dean McKeough, on behalf of the CALD Standing Committee on Legal Education, take responsibility for contacting all of the Deans to ascertain how ethics and professional responsibility are dealt with in their respective law schools.
17 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
6.1 National Judicial College of Australia (NJCA) The NJCA Director's report was included in the meeting papers and noted.
6.2 **Law Admissions Consultative Committee (LACC, or the ‘Priestley Committee’) The Chair, ex officio member of LACC, reported on the LACC meeting of 21 September 2007 (see also item 6.1A above). • Statutory interpretation: The Chief Justice and the President of the Court of Appeal of Victoria, with the endorsement of the Chief Justice of New South Wales, have asked LACC to consider adding statutory interpretation to the list of required subjects of academic study. LACC is seeking comment from CALD (LACC letter tabled, and to be posted on the CALD secure website; see also LACC minutes). • Professional conduct: Following the removal of trust accounting from the Priestley academic requirements in relation to professional conduct, it was now incumbent upon CALD to indicate to LACC how the remaining component of legal ethics might be made more robust. At the LACC meeting of 21 September 2007, LACC was content with minimal change, pending CALD's advice, and added 'professional responsibility' to the title of the required area but did not otherwise change the description. As noted in item 6.1A above, CALD would now need to press ahead with its stocktake of how ethics and professional responsibility were currently taught in Australian law schools, in order to provide a sound knowledge base for making any recommendation about change to the current Priestley requirements (see resolution 2007/58 above). • Duration of law programs: LACC considered CALD's response to the letter to LACC from South Australian Chief Justice John Doyle (in papers for meeting 2007#2), suggesting that the duration of law programs be a minimum of three years. CALD's response (in an email dated 6 August 2007 from the Chair to the Chair of LACC, encapsulating CALD's view as set out in the minutes of meeting 2007#2) was that such a requirement would not be appropriate, and that we should stay with the current more flexible requirement of 'equivalence' to three years full-time study. Discussion in LACC revealed that the real concern was with school- leavers enrolling directly into law who could compress their degree into two years and be admitted as lawyers while still in their teenage. CALD saw the answer to this not in adopting Doyle CJ's suggestion but in, for example, encouraging the study of combined degrees or graduate-entry to law and, more significantly, in ensuring stringent supervision in the early years of practice. The matter was not finally resolved in LACC, but LACC was inclined not to accept the Doyle suggestion. However, it has asked CALD to consider whether the three-year minimum requirement might be applied to the narrower category of persons identified above. For further consideration at the next CALD meeting.
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• Standards project: as noted above (item 5.1A), the progress report to LACC on this project by the Chair and by Dean Crommelin was well- received. The Chair of LACC emphasised the need to mesh the project with accreditation requirements, and offered his assistance in that respect. • Admission of overseas lawyers: see under item 7. ILSAC is pressing for consistency, especially through central assessment of qualifications, in order to facilitate negotiations for the recognition overseas of Australian qualifications, whereas LACC is concerned primarily to set appropriate standards. LACC is also keen to explore the possibility of a tailored course for overseas applicants (see above item 6.1A).
• Academic misconduct: LACC was generally in favour of the exercise that CALD had undertaken in order to bring some consistency to how universities and courts dealt with these issues (see above item 6.1A and below item 6.4).
• LACC minutes: The Chair raised with LACC the idea of the sharing of minutes between CALD and LACC. LACC does not have any difficulty with this idea. LACC minutes of the LACC Meeting of 21 September 2007 to be distributed when they are available, as a fuller account of item 6.2.
Resolution 2007/59: That the matter of adding statutory interpretation to the Priestley academic requirements be considered by the CALD Standing Committee on Legal Education and the CALD Standing Committee on Legal Practice, with a view to full discussion at CALD meeting 2008#1.
Resolution 2007/60: That the matter of a minimum duration of three years for completion of a law degree, to be applied only to school-leavers entering directly into a law degree, be considered by the CALD Standing Committee on Legal Education and the CALD Standing Committee on Legal Practice, with a view to full discussion at CALD meeting 2008#1.
Resolution 2007/61: That the Secretariat of CALD arrange the exchange of minutes between CALD and LACC.
6.3 *Pro bono practice issues The National Pro Bono Resource Centre (NPBRC) requested CALD in 2006 to develop a national 'law school pro bono' policy. CALD resolved at meeting 2006#3 to deal with this in the context of the Carrick project (item 4.4 above), but this decision was revisited at meeting 2007#3 (see agenda for more background).
On reconsideration, the Deans felt that, in order to avoid undue delay, and to give the pro bono issue the prominence it deserved, it should be dealt with separately from the Carrick project. Dean Adams, the CALD representative on the NPBRC Board, and Dean Dixon, on the NPBRC Board as the representative of the host institution (UNSW), agreed to progress the matter and develop a proposal for discussion at CALD meeting 2008#1.
19 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2007/62: That Deans Adams (UWS) and Dixon (UNSW) develop a draft CALD policy on a national 'law school pro bono' program for discussion at meeting 2008#1.
6.4 *Admission to practice — academic misconduct issues The Chair of the CALD Standing Committee on Legal Practice and Relations with the Legal Profession outlined this matter in his summary (item 6.1A above). The revised draft paper on 'Academic Misconduct in the Context of Admission to Legal Practice: Some General Principles for Consistent Treatment by Universities and by Admitting Authorities' was tabled for discussion. Various suggestions were made and, along with suggestions made by LACC, these will be incorporated into the next and hopefully final draft.
Resolution 2007/63: That the Chair, in consultation with the Chairs of the relevant CALD Standing Committees, finalise the drafting of the CALD paper on Academic Misconduct in the Context of Admission to Legal Practice and circulate out of session for final approval..
6.5 Other matters *6.5.1 Law Council of Australia (LCA)
The newly-established Legal Education Committee of the Law Council of Australia (a joint initiative of CALD and the LCA, with equal representation of each body, along with representatives of ALTA, APLEC and ALSA) met by teleconference on 4 September 2007 (minutes included in meeting papers). The committee discussed its terms of reference, attrition rates amongst young lawyers, depression amongst lawyers and law students, law school standards, and a DEST proposal to extend income support to professional masters degrees.
The LCA, with the advice and support of CALD, supported the DEST proposal. Dean Michael Crommelin (Melbourne) said that the proposal was critical to the new University of Melbourne Juris Doctor (JD) program, and indeed to all graduate-entry professional degrees that qualified their holders for admission to practice.
[Post-meeting note: The DEST proposal was signed off by DEST. The LCA/CALD Legal Education Committee met for a second time, again by teleconference, on 20 November 2007, and revisited the above matters, as well as canvassing the issues of compulsory CLE (or CPD) and Universities Australia's proposed national internship scheme. Minutes to be circulated or posted on the CALD secure website.]
*6.5.2 Academic credit for specialist practice accreditation
This matter was under discussion at the CALD Standing Committee on Legal Practice’s teleconference on 10 September 2007 and the Committee Chair reported that it is 'work in progress' (also noted in item 6.1A above).
20 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
7. INTERNATIONAL MATTERS
7.1A *Report of the CALD Standing Committee on International Matters The Chair of the CALD Standing Committee on International Matters, Dean Ford, did not have the opportunity to report, as the meeting was substantially taken up with the doubled-starred (priority) items. Because of time constraints, there was only minimal discussion of item 7 – international matters – at meeting 2007#3. In accordance with past practice, this item will therefore be brought forward on the agenda at the next meeting, and, in the meantime, urgent matters dealt with out of session.
7.1 *International Legal Services Advisory Council (ILSAC) The ILSAC report was included in the meeting papers and noted. Two members of CALD are members of ILSAC: Dean Bentley (Bond) and Dean Coper (ANU). For the avoidance of doubt, both are members of ILSAC in a personal capacity. Thus, while the Chair is a member of LACC ex officio as Chair of CALD, this is not the case in relation to ILSAC.
7.1.1 Recognition of Australian law degrees overseas The agenda noted that the ILSAC report contains a summary of the current free trade negotiations which may be relevant to this issue.
7.1.2 Admission to practice in Australia of overseas qualified lawyers As noted in the agenda, ILSAC had requested comment from CALD on the ILSAC model and options for central assessment of the qualifications of overseas lawyers seeking admission to practice in Australia (circulated in meeting papers). Dean McKeough had supplied to the CALD Standing Committee on Legal Practice an outline of the UTS course to be considered as a model for a basic minimum requirement for most overseas applicants. Unfortunately there was no time for further discussion.
7.1.3 Internationalisation of the Australian law degree As noted in the agenda, this is to be pursued in the context of the Carrick project (item 4.4 above). ILSAC has offered assistance in progressing the matter. No further discussion under this item.
7.1.4 Studying Law in Australia (SLIA) SLIA is now produced in electronic format and has a Korean translation available on the CALD website (a Mandarin translation will possibly also be included on the website). No further discussion under this item. [Post-meeting note: The production of SLIA 2008 is well underway, and should be completed, with minimal updates from 2007, early in 2008. Translation into Mandarin is being explored. The next edition will be badged 2008-2009 to indicate its longer currency, but will continue to be updated annually. Timeliness is dependent primarily on the response times of the Deans for updating, as the update cannot be completed until the last piece of information is received. Also being explored are ways of ensuring that google searches of 'studying law in Australia', or like words, yield SLIA early in the list.]
21 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
7.1.5 Australian Legal Services Missions No further discussion under this item.
7.1.6 Statistics on international students studying in Australia No new statistics were supplied for meeting 2007#3.
7.2 *Recognition overseas of Australian law degrees 7.2.1 India As noted in the agenda, Acting Dean Rosemary Owens (Adelaide) is coordinating the next (second) round of applications to the Bar Council of India (Adelaide, Flinders, La Trobe, Monash, SCU, Sydney, Tasmania, UC, UTS and UWA). No discussion under this item.
[Post-meeting note: It was felt that this round of applications should go forward prior to the federal election, while the letter of support from the then Ministers was still current. Consequently, those that were ready – seven in all out of the foreshadowed ten – were personally delivered to the Bar Council of India by the Australian High Commissioner to India, John McCarthy, in mid- November 2007, along with letters of support from the relevant Ministers (Trade, Education and the Attorney-General), the Law Council of Australia, and CALD (Chair's letter of support to be posted on the CALD secure website). The seven to go forward were Adelaide, Flinders, Monash, SCU, Sydney, Tasmania, and UTS. La Trobe withdrew, UC was not ready at this time, and UWA wished to defer its application until the completion of its major curriculum review. Following the change of government, ILSAC is organising a further letter of support from the new Ministers.]
7.2.2 Pakistan No discussion of this item.
7.2.3 Singapore Noted in the ILSAC report that discussions are continuing, with Australia continuing to press for recognition of more law schools, and the abandonment of the requirement that eligible graduates must finish in the top 30 per cent of their cohort. No further discussion of this item.
7.2.4 Malaysia Noted in the ILSAC report that Malaysia is adopting a new framework for the recognition of foreign qualifications. No further discussion of this item.
7.2.5 Brunei No discussion of this item.
7.2.6 United States Noted in the agenda that discussions led by the LCA continue, following the success at the level of a general resolution from the US Conference of Chief Justices recommending that the States open up their Bar exams to Australian lawyers. It is likely that negotiations will occur with select jurisdictions.
22 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
ILSAC has asked CALD to advise on the merits of asking the American Bar Association (ABA) to accredit not individual Australian law schools but the Australian accreditation process. However, time constraints prevented discussion at meeting 2007#3.
[Post-meeting note: The Chair has invited Mr Hulett ('Bucky') Askew, ABA consultant and Director of Bar Admissions in Georgia, to attend CALD meeting 2008#2 (JCU, Cairns), and he has indicated his willingness to come, depending only on his schedule around that time. Mr Carl Monk, Executive Director of the AALS and a regular visitor to CALD and ALTA, is also likely to attend that meeting. Hopefully, by that time CALD will have developed a considered position on the pros and cons of ABA scrutiny of the Australian accreditation process. In the meantime, the Chair has taken the view (and communicated that view to ILSAC) that it would be inadvisable to invite ABA scrutiny (if at all) until the CALD Standards project is complete or near-complete.]
7.3 International visitors — sharing of information No progress on this item.
7.4 Association of American Law Schools (AALS) No business under this item.
7.5 International Association of Law Schools (IALS) The Chair will be attending the first IALS conference at the Kenneth Wang Law School in Suzhou, China, on 18-19 October 2007.
[Post-meeting note: five Australians, including two Deans (Deans Coper and Freiberg) attended this conference. Dean Coper is also an initial member of the IALS Board. The next conference, on the theme of international business transactions, is in Hamburg, Germany, on 10-12 April 2008, and the first General Meeting of the IALS, to elect office bearers from amongst the membership, is in Montreal, Canada, on 29-30 May 2008 (combined with a one-day seminar on the effective teaching of comparative law). Carl Monk, initial President and moving force behind the IALS, is visiting Australia in mid- January 2008 to encourage more Australian law schools to join (current members are ANU, Bond, Melbourne and Monash). As at 27 December 2007, there were 152 member schools from 45 countries. The Chair strongly recommends membership, as a highly fruitful vehicle for the exchange of ideas for mutual benefit and for harnessing the positive elements of the growing internationalisation of legal education.]
7.6 Relations with New Zealand law schools No business under this item.
7.7 Other matters [Post-meeting note on public statement by CALD in relation to Pakistan: The Chair wrote an 'open letter' on behalf of CALD, dated 20 November 2007 (see CALD website), to General Musharraf, President of Pakistan, protesting against violation of the rule of law in Pakistan brought about by the sacking of Chief Justice Chaudhry and other judges and the targeting of lawyers for arrest and detention. The Chair received an appreciative email from the Secretary of the Pakistan Bar Council on 13 December 2007 (to be circulated).]
23 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
8. PROFESSIONAL DEVELOPMENT FOR DEANS
8.1 Exchange of information No business under this item.
8.2 Activities No business under this item.
9. ANY OTHER BUSINESS
The meeting closed at 4.30 pm on Sunday 23 September 2007. The Chair had intended to note that it was Dean Crommelin's last CALD meeting and thus to mark his retirement from CALD after 18 years as Dean of Melbourne Law School, but unfortunately Dean Crommelin had to leave early; in any event, the Chair's conscience was salved by having celebrated Dean Crommelin's contribution at meeting 2007#1, where Dean Crommelin was the dinner speaker. CALD will reconvene in Sydney at the University of New South Wales on 3 & 4 March 2008.
24 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Cumulative List of Resolutions from 2005
Meeting 2005#1
Resolution 2005/1: That any agenda items not starred at the beginning of meetings will be taken as noted and will not be discussed. Resolution 2005/2: That the minutes of the previous meeting be approved. Resolution 2005/3: That Edith Cowan University be admitted to CALD as it fulfilled the criteria as stated in Clause 2.2 of the CALD Constitution so far as those criteria were capable of being fulfilled at this stage of the development of the new law school. Resolution 2005/4: That Clause 7.1 of the CALD Constitution be amended to read: “The officers of the Council will be the Chair, the Deputy Chair, and the Treasurer, and ‘at least’ two Executive Members elected to those positions by the members of the Council.” Resolution 2005/5: That the Executive be asked to appoint a member of CALD to liaise with the Law Research Network. Resolution 2005/6: That the Executive would call for suggestions for a consultant to: (i) marshal existing information from law schools and to prepare a paper on the nature of legal research, with emphasis on its distinctiveness and affinities with other disciplines; (ii) make recommendations on how to measure the quality, including the impact, of legal research; and (iii) make recommendations for how any review of quality should proceed. Resolution 2005/7: That CALD: (i) acknowledges that internationalisation is important; (ii) acknowledges the contribution of the [ILSAC] report; (iii) encourages the wider and more complete gathering of information to indicate how different institutions have tackled the issues in the report; (iv) supports the possibility of a conference to discuss and debate the issues, to facilitate the sharing of ideas and best practice, and to demonstrate and discuss innovative teaching methods; and (v) cautions that Australian law schools appropriately have diverse priorities and that one size does not necessarily fit all.
Meeting 2005#2
Resolution 2005/8: That, subject to the [agreed] changes, the minutes of the previous meeting be approved. Resolution 2005/9: That the accounts be clarified and re-issued for the next meeting; that the relevant accounting period be confirmed as the calendar year rather than the financial year; that the cheque signatories be updated; that the additional fee of $100 agreed at the last meeting to cover the cost of the pre- meeting dinners be properly integrated into the fee structure; and that the Executive take overall responsibility for getting the accounts into order for the next meeting, rendering whatever assistance was necessary to the Treasurer. Resolution 2005/10: That Ms Massy-Greene be thanked for her outstanding contribution to the operation of CALD over the past 5 years, and be sent a letter of appreciation to this effect and wishing her well for the future.
25 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2005/11: That Ms Jennifer Braid be confirmed as the new Secretary to CALD; that the existing remuneration arrangements be continued until the end of the year and then reviewed; and that Ms Braid be asked to retrieve all of the current CALD records from her predecessor and to commence work on the retrieval and restoration of past records. Resolution 2005/12: That the Chair proceed to organise the next CALD meetings in accordance with the propositions and principles set out in the minutes. Resolution 2005/13: That the CALD Secretary take whatever steps are necessary to terminate the website hosting arrangements with Tilda Communications, and, taking into account the work already done at ECU, re- establish the CALD website at the ANU. Resolution 2005/14: That the Chair should write to ALSA President, Ms Elizabeth Hundt, to encourage ALSA to channel any requests for financial support through CALD, so that all law schools are properly aware of the broader picture, or at least to keep CALD informed of such requests. Resolution 2005/15: That law schools that did not currently do so should consider supporting ALTA through paying for its staff to be ALTA members. Resolution 2005/16: That the proposal from ALTA for a flat fee contribution from law schools to support LER not be supported at the present time, but that ALTA be encouraged to propose to its members an increase in the ALTA membership fee to meet the costs of producing LER. Resolution 2005/17: That the Chair should circulate to members for finalisation a draft response to the ILSAC report [on internationalisation] as previously agreed, but in the simple terms of the resolution from the last meeting rather than incorporating the detail of the discussion leading to the conclusions expressed in the resolution. Resolution 2005/18: That the new CALD Executive take on as a major project the development of a model for the accreditation and external monitoring of standards of law schools in Australia, and initiate discussion of the issue within CALD at the earliest opportunity. Resolution 2005/19: That the CALD Executive, co-opting others as appropriate, address the matter of disclosure of academic misconduct on admission to practice in conjunction with the broader issue of accreditation and the external monitoring of standards (see Resolution 2005/18 above) and report back to CALD’s November meeting. Resolution 2005/20: That members should update their Studying Law in Australia entries ASAP and send them to the CALD Secretary for inclusion in SLIA 2006. Resolution 2005/21: That the Chair request Mr Glenn Ferguson of the Law Council of Australia to act as CALD’s agent in relation to the applications for recognition of Australian law degrees presently before the Bar Council of India, and, as volunteered by Mr Ferguson, to call on the Bar Council in person and urge it to progress those applications. Resolution 2005/22: That the CALD Executive progress the sharing of information about international visitors in conjunction with the upgrading of the CALD website.
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Resolution 2005/23: That CALD supported the establishment of the International Association of Law Schools, and should continue to monitor developments and to facilitate the exchange of information that would enable individual law schools to make informed decisions about participation.
Meeting 2005#3
Resolution 2005/24: That the Secretary, upon receipt of the CALD archives, endeavour to ascertain the number of times that CALD has met.
Resolution 2005/25: That the Minutes of the previous meeting be approved.
Resolution 2005/26: That the meeting unanimously endorsed Dr Murray Raff as Treasurer for 2006-07.
Resolution 2005/27: That the Secretariat (i) clarify and follow up on the debtors and (ii) raise membership invoices in January 2006 for $1,600 for each law school.
Resolution 2005/28: That the following meeting schedule be agreed:
2006 Meeting 1 March 2006 (date TBA) University of Tasmania, Hobart Meeting 2 4 July 2006 Victoria University, Melbourne (in conjunction with ALTA) Meeting 3 TBA TBA 2007 Meeting 1 23 March 2007 Sydney, in conjunction with Australian Legal Convention Meeting 2 July 2007 (date TBA) Edith Cowan University, Perth, (in conjunction with ALTA) Meeting 3 TBA TBA
Resolution 2005/29: That the Chair draft and send a letter to the Minister for Education, Science and Training, The Hon Dr Brendan Nelson MP, to reflect the concerns of the Deans about political interference in the ARC process.
Resolution 2005/30: That CALD congratulate the proponents of the NTRB Internship Scheme and support the scheme in principle, but make it clear that financial support was a matter for individual law schools.
Resolution 2005/31: That Dean Fairall write a paper on the accreditation issue for circulation and dissemination at the first meeting 2006.
Resolution 2005/32: That CALD support the initiative [for national standards for professional development for judges] in principle, and that members forward any particular comments on the draft paper to the NJCA.
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Resolution 2005/33: That members pass any relevant comments on the paper, ‘Admission to Practice in Australia of Overseas Qualified Lawyers’, to the CALD Chair or Secretary, well in advance of the SCAG meeting in February 2006.
Resolution 2005/34: That the Chair request Dean Sappideen to write to the National Pro Bono Centre and complete the necessary membership documentation.
Resolution 2005/35: That the Chair set up a small working group to provide principles or guidelines on this matter for discussion at the first meeting in 2006.
Resolution 2005/36: That a joint committee of CALD and ILSAC be formed to update and develop the ILSAC report [on internationalisation] and to put forward strategies to promote internationalisation of Australian legal education (though not as a matter of uniform national policy); and that CALD and ILSAC should work towards a national conference to raise awareness both within academia and practice of the impact of globalisation of legal services on legal education, and to consider further the way forward.
Resolution 2005/37: That CALD set up a working group on Studying Law in Australia, with the CALD secretariat to liaise with Deans, ILSAC and the Department of Education, Science and Training to progress the publication and redevelop its format, with a view to finalisation by early May 2007.
Resolution 2005/38: That the Chair explore possible interest amongst Deans in being part of the proposed Legal Services Mission to China in July 2006.
Resolution 2005/39: That CALD members provide views on the DFAT paper ‘Washington Workshop: issues and objectives’.
Resolution 2005/40: That CALD explore ways of optimising CALD’s engagement with ILSAC, and that the matter be discussed at meeting 2006/1.
28 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Cumulative List of Resolutions from 2006
Meeting 2006#1
Resolution 2006/1: That, like any organisation, CALD should occasionally revisit and address its fundamental purposes and objectives, and this could be usefully done in the context of a planning session at meeting 2006#3.
Resolution 2006/2: That the Minutes of the previous meeting be approved.
Resolution 2006/3: That the proposal that the Chair of ALTA have a standing invitation to attend CALD meetings be rejected, but that the Chair of ALTA be invited to attend on a regular basis the standing item dealing with ALTA.
Resolution 2006/4: That the Chair work with the Executive to develop and present a Business Plan at the next CALD meeting.
Resolution 2006/5: That the Chair progress the project on scanning the CALD archives onto the CALD website to make them available to Deans.
Resolution 2006/6: That the following meeting schedule be agreed:
2006 Meeting 2 4 July 2006 Victoria University, Melbourne, in conjunction with ALTA Meeting 3 Oct/Nov 2006 (date Queensland University of TBA) Technology 2007 Meeting 1 23 March 2007 Sydney, in conjunction with Australian Legal Convention Meeting 2 July 2007 (date TBA) Perth,(in conjunction with ALTA Meeting 3 Oct/Nov 2007 (date Adelaide or Flinders (TBC) TBA)
Resolution 2006/7: That the Chair form a working group to work on the continued improvement of the website.
Resolution 2006/8: That the Chair write to CHASS indicating support for the ‘Expending Horizons’ event as discussed.
Resolution 2006/9: That the relationship between CALD and LawRN continue to be under discussion, and that a replacement for Professor Moyle be found to be the CALD liaison person between CALD and Law RN.
Resolution 2006/10: That the Chair invite those identified to prepare a discussion paper on quality and impact in legal research, if possible for the next meeting. In the meantime, the CALD submissions on the RQF should be posted on the CALD website.
29 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2006/11: That CALD and the ALTA executive should have a joint meeting in Melbourne on 4 July, and that one of the topics on the agenda should be the optimal forms of association for Australian law schools, law Deans, law teachers and law researchers.
Resolution 2006/12: That CALD notes the range of law reform initiatives already undertaken in Australian law schools; commends Dean Coper’s paper on ‘Law Reform and Legal Education' as worthy of further consideration by law schools in the course of their reviews of curriculum; and encourages the exploration by law schools of law reform partnerships of which Tasmania’s experience provides one example.
Resolution 2005/13: The Chair to set up a working group to progress the project on developing minimum standards for law schools and legal education, and approach Mr Chris Roper in relation to a possible consultancy on the subject.
Resolution 2006/14: That the Chair and Dean Croucher refine the CALD Statement of Academic Misconduct principles in the light of the discussion, and sent it in draft form to LACC for comment.
Resolution 2006/15: That the Secretary liaise with Dean McKeough and progress the SLIA project.
Resolution 2006/16: That the Chair report to ILSAC that Singapore’s request for statistical information was ‘under consideration’.
Meeting 2006#2
Resolution 2006/17: That the Minutes of the previous meeting be approved.
Resolution 2006/18: That the Chair and the Executive develop and present a Business Plan and Budget at meeting 2006#3.
Resolution 2006/19: That the next CALD meeting at QUT (Brisbane) should be held in October, the Chair and Secretariat to liaise with QUT Dean Lavarch for precise dates and venue. The meeting should run over one and a half days, to allow more time for discussion of substantive items, including the business plan, current policy issues, and international matters, and consideration should be given to this as the standard format for future meetings.
Resolution 2006/20: That it was appropriate for CALD to make public statements on matters of public concern relating to CALD’s functions, and, subject to limited resources, CALD should be alert to the opportunity to do so.
Resolution 2006/21: That it was indefensible that David Hicks should remain incarcerated without trial. Dean Fairall to draft an appropriate resolution focusing on the importance of the rule of law for endorsement by CALD and public dissemination to carry this matter forward.
Resolution 2006/22: That Dean Havemann (JCU) be put forward for consideration as a CHASS Board Member.
30 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2006/23: That the Chair write to the President of CHASS, Professor Malcolm Gillies, to negotiate with CHASS on the setting of an appropriate subscription for CALD, preferably the lowest level (level 5). Resolution 2006/24: That CALD endorses the appointment of Dean Colbran (UNE) as the CALD member with responsibility for liaising with LawRN, and thanks him for taking on this role.
Resolution 2006/25: That the Chair, in consultation with Dean Colbran, assess the Horrigan Report on assessing quality and impact in legal research and recommend next steps.
Resolution 2006/26: That the Secretariat to contact the Minister’s office to arrange a meeting with the Minister, or, in the alternative, with the Minister’s Adviser in the first instance.
Resolution 2006/27: That the sub-group of CALD to progress the Carrick DBI project to comprise CALD Chair Dean Michael Coper (ANU), Dean Gary Davis (Flinders), Dean Stephen Colbran (UNE), Dean Jill McKeough (UTS), and possibly the yet to be appointed Dean of Law at the University of Wollongong.
Resolution 2006/28: That Dean Colbran having suggested that information about the post-graduate network should be included in Studying Law in Australia, the Chair and Secretariat to follow up on this suggestion.
Resolution 2006/29: That the Chair and Secretariat to progress the Roper consultancy on minimum standards by setting up a steering group, possibly comprising Deans Chalmers, Crommelin and Fairall, and organising a teleconference between Chris Roper and the group prior to the next meeting.
Resolution 2006/30: That the Chair to write to the Melbourne Institute seeking more information about the survey and requesting that the Institute allay the concerns of many of the CALD members.
Resolution 2006/31: That the Chair and Dean Croucher to prepare a revised draft of the Chair’s Hobart paper on dealing with academic misconduct issues in the context of admission to practice, and to send it to LACC for comment, prior to CALD finalising and adopting the document as a CALD position paper.
Resolution 2006/32: That the Chair to write to all law Deans with a timeframe for the receipt of their two-page information about their respective law schools. It was also decided that the new SLIA should include a page about the Australian Postgraduate Law Network and also Dean Coper’s article ‘Studying Law in Australia’ (2006) 7(2) International Graduate p 12.
Resolution 2006/33: That the Chair to request the ten law schools whose degrees are recognised by the Singapore for the purpose of admission to practice in Singapore to supply the requested statistical information to the CALD Secretariat for aggregation and report to the ILSAC Secretariat for transmission to the SAFTA negotiators.
31 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Meeting 2006#3
Resolution 2006/34: That the Minutes of the previous meeting be approved. Resolution 2006/35: That Dean Coper be re-elected as Chair for a further 12 months, that the current Executive remain in place for the time being, and that the structure and membership of the Executive be further considered at meeting 2007#1 in the light of progress made in relation to the Chair’s proposals for better succession planning, and for the establishment of CALD Standing Committees, as foreshadowed in the Chair’s paper ‘Notes for the Development of a Business Plan for 2007-2008’. Resolution 2006/36: That CALD establish six standing committees as per the Chair’s paper ‘Notes for the Development of a Business Plan for 2007-2008’, and the current interim CALD Executive give further consideration, in the light of this development, to CALD’s executive structure generally and to succession planning. Resolution 2006/37: That, when the standing committees are established and the future CALD executive structure is settled, work commence on the detail of the Business Plan for 2007-2008, in the light of the principles set out in the Chair’s paper ‘Notes for the Development of a Business Plan for 2007-2008’. Resolution 2007/38: That the Secretariat invoice all law schools at the beginning of 2007 for the 2007 CALD membership fee of $2,500.
Resolution 2006/39: That the Chair and Secretariat liaise with Dean Goh on the practicalities of SCU hosting CALD meeting 2007#3 and report back to meeting 2007#1. Resolution 2006/40: That Dean Fairall draft a resolution, for endorsement by CALD, on the importance of the rule of law in the resolution of the David Hicks matter, as and when developments occur that warrant a response. Resolution 2006/41: That the Chair seek to clarify what processes were followed by DEST and CHASS in relation to the review of RQF Panel 11, and why CALD was not involved in those processes, despite being a member of CHASS and despite having made two submissions, as the peak body of Australian law schools, on why law should have a separate panel. Resolution 2006/42: (i) that the new CALD Standing Committee on Legal Research take responsibility for fostering LawRN and ALPN; (ii) that Dean Colbran continue to be responsible for liaising between CALD and LawRN, especially in light of the synergies between LawRN and ALPN; (iii) that, at least when the leadership of LawRN is clarified, a LawRN homepage be established on the CALD website, with links to and from the ALPN website; and (iv) that Dean Colbran compile or cause to be compiled, for publication on the CALD website, as the beginnings of a LawRN homepage, an up-to-date list of the current Research Deans in Australian law schools. Resolution 2006/43: That the Deans provide the Chair with their lists of dot points on the perceived difficulties with the RQF for the purpose of preparing for the proposed meeting with the Minister. Resolution 2006/44: That the Chair and Secretariat write to the Minister’s Office to extend an invitation to her to attend a session of CALD meeting 2007#1 in Sydney on 22 March 2007.
32 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2006/45: That the Chair and Dean Colbran assess the draft paper on legal research prepared by Professor Bryan Horrigan and advise on appropriate next steps. Resolution 2006/46: That the Secretariat write to the ALSA President to thank ALSA for its report and to encourage ALSA to maintain its outstanding commitment to the improvement of legal education. Resolution 2006/47: That the Secretariat write to the Chair of ALTA to thank him for his report and to enquire about progress on the idea of a special ‘Deans’ Issue’ of Legal Education Review. Resolution 2006/48: That the Deans send any further comments on the draft Carrick proposal to the Chair, who, with assistance from CALD’s Carrick project group (the Chair and Deans Colbran, Davis and McKeough), will finalise and submit the proposal to the Carrick Institute by Thursday 9 November 2006. Resolution 2006/49: That the Chair send a copy of the Carrick proposal to Mr Roper. Resolution 2006/50: That the matter of law school rankings, and the possibility of CALD critiquing existing rankings, be progressed by the new CALD Standing Committee on Standards and Accreditation. Resolution 2006/51: That the Secretariat inform the NJCA that Dean Murray Raff (UC) will be CALD’s representative on the NJCA Consultative Committee for a two-year term from 2007-2008. Resolution 2006/52: That Dean Davis gather information from the Deans about difficulties caused by the nominal requirement of the Uniform Admission Rules that Trust Accounts be taught as part of the LLB/JD program, and/or by varying insistence on that requirement from jurisdiction to jurisdiction, and then draft a letter to LACC, to be signed by the CALD Chair, putting CALD’s view that Trust Accounts should not form a compulsory part of an LLB/JD program. Resolution 2006/53: That Dean Dixon investigate the possibility of whether he could assume the position of CALD representative on the National Pro Bono Resource Centre Board. Resolution 2006/54: That the Secretariat contact the National Pro Bono Resource Centre to arrange for a link from the CALD website to the NPBRC. Resolution 2006/55: That the role and ethos of law school pro bono be included in the Carrick project. Resolution 2006/56: That the Deans send any further comment on the Second Draft of the academic misconduct paper to the Chair, and that the matter then be progressed by the CALD Standing Committee on Legal Practice. Resolution 2006/57: That the Chair communicate to the President of the Law Council of Australia CALD’s enthusiasm for closer cooperation and in particular for the establishment of a joint committee on legal education. Resolution 2006/57A:* That, without impugning the integrity of the current academic members of ILSAC or doubting their ability to informally represent CALD as appropriate, the Chair raise with the Chair of ILSAC the possibility of CALD being officially represented as such on ILSAC, to ensure continuity of representation and to formally recognise CALD's stakeholder status and important role in the internationalisation of legal education and legal services.
33 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2006/58: That, through its relevant Standing Committees, CALD monitor and comment on as appropriate the progress of current efforts to bring uniformity to the recognition of overseas legal qualifications, and that the Chair raise at the next LACC meeting the possibility that CALD could play a role in assessing, or overseeing the assessment of, overseas academic qualifications.
Resolution 2006/59: That the project on internationalisation of Australian legal education be progressed by the CALD Standing Committee on International Matters, in consultation with the CALD Standing Committee on Legal Education, and in consultation with ILSAC, and under the umbrella of the Carrick Institute project on learning and teaching in law.
Resolution 2006/60: That CALD proceed with the current arrangements for the production of SLIA 2007, that a revised draft CD-ROM be sent to the Deans for final approval, and that the Deans respond with that approval and any final comments within one week of receipt of the draft CD-ROM. Resolution 2006/61: That the Chair continue to follow-up with the Bar Council of India clarification of the matters raised in his letter to the Bar Council of 19 September 2006; that, with or without this clarification, the Chair email the Deans to gauge the level of interest amongst the remaining law schools in applying to the Bar Council for recognition of their law degrees; and that the situation be reviewed in the light of the Deans' responses, with a view to facilitating, if at all possible, a collective response under the CALD banner, with all of the advantages that brings. Resolution 2006/62: That the Secretariat write to each of the ten recognised Australian law schools to request statistical information about the number of Singaporean students who have graduated from those law schools since recognition, and the number who have graduated in the top 30 per cent of their graduating cohort. Resolution 2006/63: That, in light of the discussion, the Secretariat follow up with ILSAC the precise details of the new system in Brunei for recognition of Australian practising certificates.
* Accidentally omitted from the cumulative list issued with the minutes of meeting 2006#3 (but present in the body of the minutes) because of mis-numbering. Noted as a second resolution 57 in the body of the minutes, it is here re-numbered as resolution 57A.
34 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Cumulative List of Resolutions from 2007
Meeting 2007#1
Resolution 2007/1: That the minutes of meeting 2006#3 be approved.
Resolution 2007/2: That the Deans give consideration to who should be the next Chair of CALD, with a view to determining that issue at meeting 2007#2.
Resolution 2007/3: That the Deans endorse the membership and chairing arrangements for the six new CALD Standing Committees, as set out in attachment 1 to these minutes.
Resolution 2007/4: That the CALD Executive comprise the CALD Chair, the CALD Deputy Chair, the CALD Treasurer, and the Chairs of the six CALD Standing Committees, and that the CALD Constitution be amended at the earliest opportunity to reflect these changes.
Resolution 2007/5: That, to the extent possible given the likely substantial workload of the CALD Standing Committees, the restructured CALD Executive commence work on a business plan that coordinates, prioritises, anticipates, and plans ahead for the work of the committees and other CALD ventures over the next few years.
Resolution 2007/6: That the CALD Standing Committee on Research, through Chair Dean Dixon, contact DEST, register CALD's concern about DEST's mismanagement of the RQF implementation process which had led to a lack of serious engagement with CALD, and seek to rectify that for the future.
Resolution 2007/7: That the CALD Standing Committee on Research take up the project on producing a paper on quality and impact in legal research, building on the preparatory work done for CALD in 2006 by Professor Bryan Horrigan of Macquarie University.
Resolution 2007/8: That the Chair draft a resolution expressing CALD's support for AustLII and encouraging all Australian law schools to provide ongoing financial support for AustLII at whatever level they could afford. [Post-meeting note: a resolution was circulated in the following terms by email on 8 April 2007, and by combination of affirmative votes and contented silence may be taken to be passed: Resolution 2007/8A: That CALD recognises the critical importance of AustLII to legal research in Australia; calls upon all relevant stakeholders, including government and the legal profession, to support AustLII financially; exhorts AustLII to explore the widest possible range of sources of financial support, including, for example, the RQF implementation fund, government matching funding, a per capita fee on practising lawyers administered by the Law Council, ARC grants, and appropriate sponsorship; and encourages CALD's member law schools, and their respective universities, to make such contribution as they deem appropriate.]
35 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2007/9: That the CALD Chair and the Chair of the CALD Standing Committee on Legal Education (Dean McKeough) liaise in relation to drafting an advertisement for the employment of a Project Officer for the Carrick project, and that the CALD Standing Committee on Legal Education commence work on scoping the project.
Resolution 2007/10: That, as part of educating relevant stakeholders and lobbying for better funding of legal education, the Deans disseminate the CALD submission to DEST on the review of HESA as widely as possible.
Resolution 2007/11: That the CALD Secretariat facilitate arrangements for a meeting between Mr Chris Roper and the Standing Committee on Standards and Accreditation to workshop his first draft.
Resolution 2007/12: That the CALD Standing Committee on Legal Practice, in consultation with the CALD Standing Committee on Legal Education, progress the next draft of the academic misconduct guidelines.
Resolution 2007/13: That Dean McKeough advise on whether the existing UTS course on fundamentals of Australian law could be adapted for the wider purposes of admission of overseas lawyers, or be the basis for development of such a course, and possibly 'franchised out' to others to use, the matter then to be taken up by the CALD Standing Committee on Legal Practice.
Resolution 2007/14: That the CALD Standing Committee on Legal Practice, in consultation with the CALD Standing Committee on Legal Education, explore how law schools might augment their existing programs in relation to ethics and professional responsibility, with a view to enabling CALD to make an initial report back to LACC by 30 June 2007.
Resolution 2007/15: That the CALD Standing Committee on Standards and Accreditation, in consultation with Mr Christopher Roper, endeavour to be in a position to report progress, through CALD, to LACC, on the standards project, by 30 June 2007.
Resolution 2007/16: That the Chair write to Mr John Corker, Director, National Pro Bono Resource Centre (NPBRC), advising him that CALD's nominee as the CALD Director on the NPBRC is Dean Michael Adams (UWS).
Resolution 2007/17: That CALD and the LCA now take steps to implement the proposal for a joint committee on legal education.
Resolution 2007/18: That the CALD Secretary liaise with the LCA to facilitate the dissemination of the LCA electronic newsletter amongst academics and law students. Resolution 2007/19: That CALD be prepared to issue a media release on the David Hicks case to complement any statement that the LCA might make at the conclusion of the Australian Legal Convention.
36 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2007/20: That the Chair of CALD write to the President of the LCA requesting the LCA to explore ways in which the legal profession might support AustLII financially, including, for example, a small capitation fee on every practising lawyer in Australia. Resolution 2007/21: That the CALD Standing Committee on International Matters monitor the development of any new centralised system for assessing overseas legal qualifications and advise CALD on the role that CALD might play in the implementation and operation of any such system.
Resolution 2007/22: That the CALD Standing Committee on International Matters, in consultation with Dean McKeough and the CALD Standing Committee on Legal Practice (see resolution 2007/12 above), also consider the feasibility of a tailored course to replace the current system of applicants picking up existing university courses as available.
Resolution 2007/23: That the CALD Secretary liaise with ILSAC to obtain the further breakdown of the international student statistics tabled at the meeting, first into separate categories for law and legal studies, and secondly by university. Resolution 2007/24: That the Chair inform ILSAC of the group of law schools wishing to go forward and apply to the Bar Council of India for recognition of their law degrees, and request ILSAC to facilitate these applications by (a) organising a letter of support from the Attorney-General (b) liaising with the Australian High Commission in Delhi to press the Bar Council of India for a reply to the CALD Chair's letter of 19 September 2006 (which canvassed as one option the recognition of all Australian law schools) and (c) liaising with the Australian High Commission in Delhi to organise lodgement of the applications as a group.
Meeting 2007#2
Resolution 2007/25: That the minutes of meeting 2007#1, including the flatteringly manipulated decanal photo, be approved.
Resolution 2007/26: That the law school of the University of South Australia be admitted to membership of CALD.
Resolution 2007/27: That the proposed amendments to the CALD Constitution, incorporating the establishment of the CALD Standing Committees and the consequent restructuring of the CALD Executive, be adopted.
Resolution 2007/28: That Dean Bill Ford (WA) be elected Chair of CALD for 2008-2009.
Resolution 2007/29: That the nomination of Dean Don Chalmers (Tas) as Deputy Chair for 2008-2009 lie on the table and, after a call for any further nominations, be voted upon at meeting 2007#3.
37 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2007/30: That the Secretary liaise with the Deans in relation to the transmission to the Secretariat of any CALD-related material in the possession of the Deans that the Deans considered suitable for incorporation into the official CALD electronic archive.
Resolution 2007/31: That the Chair of the Standing Committee on Legal Research encourage the Associate Deans for Research to meet, as LawRN, at ALTA in Perth, 23-26 September 2007.
Resolution 2007/32: That the Chair of the Standing Committee on ICT examine and report on the feasibility of creating a web page for LawRN and incorporating it into the CALD website.
Resolution 2007/33: That the CALD Secretariat circulate CALD’s revised submission to DEST in relation to the RQF; that the search continue for possible nominees as 'end users' on Panel 11; and that the CALD Standing Committee on Legal Research design and launch a study of law journal rankings.
Resolution 2007/34: That the CALD Standing Committee on Legal Research examine the proposed classification changes to the law RFCD codes in the ABS's draft ‘Fields of Research 2008’ and report back to the next CALD meeting.
Resolution 2007/35: That the CALD Standing Committee on Legal Research coordinate the collection of data on expected research output, and, when satisfied that it is in a form that makes comparison meaningful, to send it to the CALD Secretary for inclusion on the password-protected part of the CALD website.
Resolution 2007/36: That Dean McKeough to follow up with the Deans the willingness of their respective law schools to participate in the Hickie survey on law student depression.
Resolution 2007/37: That Dean Davis (Flinders), if available, be appointed as CALD's Carrick Institute Project Director.
Resolution 2007/38: That the CALD Standing Committee on Legal Practice consult the 2003 AUTC stocktake of teaching and learning in Australian law schools, with a view to getting an understanding of how ethics was currently taught in Australian law schools.
Resolution 2007/39: That the Chair write to LACC with a progress report on CALD's work on minimum and aspirational standards for law schools and legal education.
Resolution 2007/40: That the Chair to write to Professor Clark, Chair of LACC, advising that there was no support on CALD for Doyle CJ's suggestion that there be a strict three year duration requirement for Australian law courses.
38 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2007/41: That the four CALD nominees to the LCA/CALD Legal Education Committee be, ex officio, the Chair of CALD (currently Dean Coper) and the respective Chairs of the CALD Standing Committees on Legal Practice (currently Dean Lavarch), Legal Education (currently Dean McKeough), and International Matters (currently Dean Ford), and that the Chair write to the LCA to this effect.
Resolution 2007/42: That the CALD Secretary upload to the CALD secure website the applications of any willing law schools that had been successful in earlier applications for recognition of their law degrees by the Bar Council of India.
Meeting 2007#3
Resolution 2007/43: That the minutes of meeting 2007#2 be approved.
Resolution 2007/44: That the status and implications of law programs that were accredited for admission of their graduates to legal practice but were not offered within a law school as such be further discussed at meeting 2008#1.
Resolution 2007/45: That Dean McKeough (UTS) be elected as Deputy Chair of CALD for 2008-2009.
Resolution 2007/46: That Dean Raff (UC) be elected as Treasurer of CALD for 2008-2009.
Resolution 2007/47: That the Secretariat contact the Deans early in 2008 about their interest in membership of the various Standing Committees, and that the Chair, in consultation with the Deans, seek to identify Chairs for 2008 for the CALD Standing Committee on Standards and Accreditation and the CALD Standing Committee on International Matters.
Resolution 2007/48: That the CALD Executive meet in the near future to consider ways of revamping and upgrading the CALD Secretariat.
Resolution 2007/49: That the CALD membership fee for 2008 be increased to $3,000, and that invoices be sent out in January 2008 reflecting this increase.
Resolution 2007/50: That the CALD Secretariat establish, on completion of the documentation and posting on the CALD website of currently-held archival material, where gaps occur, and contact long-standing and former Deans to supply material in their possession to fill those gaps.
Resolution 2007/51: That the CALD Secretariat, on completion of the archival project, upload the material to the CALD secure website.
Resolution 2007/52: That the Chair approach DEST to explore funding support for the nascent Australian Academy of Law (AAL).
39 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Resolution 2007/53: That the Chair seek clarification of the Bowrey/Israel recommendations, and then further canvas opinion amongst the Deans with a view to finalising CALD's submission to DEST on the ranking of law journals and law publishers.
Resolution 2007/54: That Dr Owen progress the depression survey, including clarifying the ethics clearance situation.
Resolution 2007/55: That the Secretary, in consultation with the CALD Standing Committee on ICT, investigate the uploading of the ‘Australian Universities Teaching Committee (AUTC) Project on Learning Outcomes and Curriculum Development’ onto the CALD website.
Resolution 2007/56: That the Secretary compile a list of all of the Associate Deans for Teaching and Learning and their contact details, provide that list to Dr Owen, and post the information on the CALD website.
Resolution 2007/57: That the points made at meeting 2007#3 in relation to the draft report on Standards for Australian Law Schools be incorporated into the draft and that the CALD Standing Committee on Legal Research make any final changes prior to presentation of the report at meeting 2008#1 for finalisation.
Resolution 2007/58: That Dean McKeough, on behalf of the CALD Standing Committee on Legal Education, take responsibility for contacting all of the Deans to ascertain how ethics and professional responsibility are dealt with in their respective law schools.
Resolution 2007/59: That the matter of adding statutory interpretation to the Priestley academic requirements be considered by the CALD Standing Committee on Legal Education and the CALD Standing Committee on Legal Practice, with a view to full discussion at CALD meeting 2008#1.
Resolution 2007/60: That the matter of a minimum duration of three years for completion of a law degree, to be applied only to school-leavers entering directly into a law degree, be considered by the CALD Standing Committee on Legal Education and the CALD Standing Committee on Legal Practice, with a view to full discussion at CALD meeting 2008#1.
Resolution 2007/61: That the Secretariat of CALD arrange the exchange of minutes between CALD and LACC.
Resolution 2007/62: That Deans Adams (UWS) and Dixon (UNSW) develop a draft CALD policy on a national 'law school pro bono' program for discussion at meeting 2008#1.
Resolution 2007/63: That the Chair, in consultation with the Chairs of the relevant CALD Standing Committees, finalise the drafting of the CALD paper on Academic Misconduct in the Context of Admission to Legal Practice and circulate out of session for final approval.
40 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Action Sheet Checklist
Actions from Task Responsible Status as at Meeting 2007/1 December 2007
2.2 Election of Office Deans to ponder who All Deans Done Bearers should be next Chair of CALD, with view to deciding at meeting 2006#2
Endorse membership of All Deans Done CALD Standing Committees
Change CALD Chair to draft and Done Constitution to formalise present proposed Standing Committees changes at or before and redefined Executive meeting 2007#2
2.3 Treasurer's Commence work on Executive Pending report business plan
3.4 Research Quality Liaise proactively with CALD Standing Done Framework (RQF) DEST about closer Committee on Legal consultation with CALD Research on RQF
Progress paper on CALD Standing In progress quality and impact in Committee on Legal legal research Research
3.5.2 AustLII Draft resolution in Chair Done support of AustLII
4.4 Teaching and Draft advertisement for Chair / Dean Project Manager learning employment of Project McKeough employed Officer for Carrick project
Commence scoping of CALD Standing Ongoing Carrick project Committee on Legal Education
41 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
5.1 External funding Disseminate widely the All Deans Deemed to be CALD submission to done DEST on HESA
5.4 Accreditation Arrange meeting Secretariat Done issues and external between Chris Roper monitoring of and Standing standards Committee on Standards and Accreditation
6.2 Law Admissions Progress next draft of CALD Standing Nearing finalisation Consultative CALD guidelines on Committees on Legal Committee (LACC) academic misconduct Practice and Legal Education
Explore possibility of Dean McKeough, and In progress devising tailored course CALD Standing on fundamentals of Committee on Legal Australian law for Practice overseas applicants for admission to practice
Explore how law schools CALD Standing In progress might augment their Committee on Legal teaching of ethics and Practice and CALD professional Standing Committee on responsibility (first with a Legal Education stocktake)
6.3 Pro bono Write to Mr John Corker, Chair / Secretariat Done practice issues Director, National Pro Bono Resource Centre, confirming nomination of Dean Adams as CALD Director
6.5 Law Council of Implement proposal for Chair to meet with LCA Done Australia joint LCA/CALD committee on legal education
Liaise with LCA re Secretary In progress dissemination of LCA electronic newsletter to law students
42 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Prepare to issue media Chair / Dean Fairall Done release on David Hicks case
7.1 ILSAC Monitor development of CALD Standing Ongoing centralised model for Committee on assessing qualifications International Matters of overseas applicants for admission to practice in Australia
Liaise with ILSAC Secretary In progress Secretariat to obtain further breakdown of international student statistics
7.2 Recognition Finalise next group of Chair Done overseas of law schools to go Australian law forward for recognition degrees of law degrees by Bar Council of India and inform ILSAC
43 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Actions from meeting Task Responsible Status as at 2007#2 December 2007
Ascertain dates of Secretary Dates not yet 2.5 Next meetings Australian Legal determined by Convention 2009 LCA
Collect CALD Secretary On hold while gaps 2.7 Website archival material being more closely from venerable identified Deans
Encourage research CALD Standing Pending 3.3.1 LawRN Deans to meet at Committee on Legal ALTA Research
Create web page on CALD Standing Pending 3.3.1 LawRN CALD website for Committee on ICT / LawRN Secretary
Circulate submission Secretary Done 3.4 RQF to DEST finalised at Byron Bay
Continue search for Chair/Deans generally Superseded
possible end users for nomination to Panel 11
Design study for CALD Standing In progress
ranking of law Committee on Legal journals Research
Recommend Chair/CALD Standing In progress 3.5.3 RFCD codes changes to RFCD Committee on Legal codes Research
Gather information CALD Standing Pending 3.5.4 Research output about expected Committee on Legal research output Research
Encourage support Dean McKeough In progress 4.1A Legal education for depression study
44 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Progress Carrick CALD Standing In progress 4.4 Teaching & learning project Committee on Legal Education
Complete draft Consultant In progress 5.4 Standards project report
Consult 2003 AUTC CALD Standing Done 6.2 LACC report re teaching of Committee on Legal legal ethics Practice
Write to LACC re Chair Oral report given
progress on at LACC meeting standards project
Write to LACC re Chair Done
Doyle CJ suggestion re duration of law programs
Revise draft CALD Standing Nearing finalisation 6.4 Academic guidelines Committee on Legal misconduct Practice
Write to LCA to Chair Done 6.5.1 Law Council of advise on CALD Australia members of joint committee
Upload to CALD Secretary One application 7.2.1 India website previous uploaded (ANU) successful applications to Bar Council of India
45 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
Actions from meeting Task Responsible Status as at 2007#3 December 2007
2.1 Membership Place on agenda for Chair/Secretary Pending next meeting status of law programs not embedded in law schools
2.2 Election of office Revisit membership Chair/Secretary Pending bearers of CALD Standing Committees in early 2008
Identify new Chairs Chair Pending for CALD Standing Committees on Standards and Accreditation, and International Matters
2.3 Treasurer's report Devise plan for CALD Executive Pending enhanced secretariat
Send out Secretary Pending membership fee invoices for 2008 ($3000 per law school) in January 2008
2,4 Secretary's report Complete posting of Secretary In progress archival material on CALD website, including contacting longstanding and former Deans to plug gaps
3.1 Australian Academy Approach DEST for Chair Pending of Law funding
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3.3.1 LawRN Facilitate meetings, CALD Standing Committee Pending especially in on Legal Research conjunction with ALTA
3.4 RQF Clarify Bowrey/Israel Chair/CALD Standing Done (but final proposal, and Committee on Legal decision canvas decanal Research pending) opinion on how to proceed on journal ranking
3.5 RFCD codes Circulate to Deans Chair Pending the proposed revisions put to DEST by the Chair
4.4 Carrick project Progress depression Consultant/CALD Standing Pending survey Committee on Legal Education
Post AUTC report on Secretary Pending CALD website
Compile list of Secretary Pending Associate Deans for Teaching and Learning and post on CALD website
5.4 Standards project Incorporate Consultant/Chair/CALD In progress suggestions made at Standing Committee on meeting and Standards and circulate next draft Accreditation for finalisation at meeting 2008#1
5.5 Rankings Develop critique and CALD Standing Committee Pending recommend on Standards and approach to be Accreditation taken by CALD
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6.2 LACC Do stocktake of how Dean McKeough/CALD Pending legal ethics is taught Standing Committee on in Australian law Legal Education school
Consider whether CALD Standing Committee Pending statutory on Legal Education and interpretation should CALD Standing Committee be added to the on Legal Practice Priestley requirements
Consider whether CALD Standing Committee Pending law programs for on Legal Education and school-leavers CALD Standing Committee studying law only on Legal Practice should be at least 3 years in duration
Arrange for mutual Secretary Pending exchange of minutes between CALD and LACC
6.3 Pro bono practice Develop proposal for Dean Adams, Dean Dixon Pending issues CALD policy on 'law school pro bono' programs, for discussion at meeting 2008#1
6.4 Academic Finalise draft and Chair/Chairs of relevant Pending misconduct circulate for final committees approval
6.5.1 LCA Post Legal Secretary Pending Education Committee minutes on CALD website
7.1.2 Admission to Consider UTS CALD Standing Cttees: In progress practice of overseas course as model for Legal Practice & Legal applicants overseas applicants Education
48 CALD Draft Minutes, Meeting 2007#3 – University of Western Australia, Perth – 22 & 23 September 2007
7.1.4 SLIA Update information Secretary In progress for 2008-2009 version
7.2.1 India Follow up to ensure Chair Pending supporting letter is sent from new Ministers
7.2.6 United States Invite Bucky Askew Chair; CALD Standing Invitation to CALD meeting; Committees on Standards extended; consider merits of & Accreditation, and on consideration ABA scrutiny International Matters pending
7.5 IALS Consider joining All Deans Ongoing
7.7 Public statement on Circulate email from Chair Pending Pakistan Pakistan Bar Council
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