Council of Australian Law Deans Meeting 2005/1 Bond University 20 March 2005

CALD Minutes, Meeting 2005#1 (Bond University, 20 March 2005) Council of Australian Law Deans Meeting 2005/1 Bond University 20 March 2005 MINUTES PRESENT Deans and Heads of School Professor Michael Coper Australian National University Professor Duncan Bentley Bond University Professor Ned Aughterson Charles Darwin University Professor Paul Moyle Edith Cowan University Professor Gary Davis Flinders University Associate Professor Justin Malbon Griffith University Professor Steve Graw James Cook University Professor The Hon Michael Lavarch Queensland University of Technology 1 CALD Minutes, Meeting 2005#1 (Bond University, 20 March 2005) Professor Stanley Yeo Southern Cross University Mr Geoff Nicoll University of Canberra (acting) Professor Michael Crommelin University of Melbourne Professor Stephen Colbran University of New England Professor Leon E Trakman University of New South Wales Professor Jill McKeough University of Technology, Sydney Professor Bill Ford University of Western Australia Deputising for Deans Professor Tania Sourdin La Trobe University Professor Neil McLeod Murdoch University Professor Christoph Antons University of Wollongong In Attendance Kate Massy-Greene CALD Secretariat Apologies Professor Mirko Bagaric Deakin University Professor Gordon Walker La Trobe University Professor Ros Croucher Macquarie University Professor Arie Frieberg Monash University Professor Michael Pendleton Murdoch University (acting dean) Professor Paul Fairall University of Adelaide Professor Ted Wright University of Newcastle Professor Charles Rickett University of Queensland Professor Ron McCallum University of Sydney Professor Don Chalmers University of Tasmania Professor Carolyn Sappideen University of Western Sydney Professor Stuart Kaye University of Wollongong Dr Murray Raff Victoria University 1. Preliminary Matters 1.1. Welcome The Chair welcomed the following new deans and deputisers. Associate Professor Justin Malbon Griffith University Professor Tania Sourdin La Trobe University (deputising) Mr Simon Rice Macquarie University (deputising) Professor Neil McLeod Murdoch University (deputising) Professor Stanley Yeo Southern Cross University Mr Geoff Nicoll University of Canberra (acting) Professor Jill McKeough University of Technology, Sydney Professor Christoph Antons Wollongong University (deputising) 1.2. Apologies As noted above. 1.3. Starring of items Professor Coper explained that the reorganisation of the agenda was to provide greater coherence and focus to meetings and that, if the members agreed, it would be the framework for the meetings for the foreseeable future. He also stated that it was planned to use a system of starring items of importance for discussion. In future, members would be given the opportunity to star any items that they particularly wished 2 CALD Minutes, Meeting 2005#1 (Bond University, 20 March 2005) to have discussed at meetings, and would be asked to note all items not starred at the beginning of each meeting. Resolution 2005/1: Any agenda items not starred at the beginning of meetings will be taken as noted and will not be discussed. 1.4. *Confirmation of minutes of meeting 2004/3 Professor Colbran stated that his recollection was that it had been agreed to hire a consultant to provide a provide a report on the nature of legal research in advance of the DEST Research Quality Exercise and that it was further agreed that this should not cost more than $5,000. Although it could not be definitely confirmed that this recollection was correct, it was agreed that Professor Colbran's observation should be noted and the substance of the issue revisited later in the agenda. Resolution 2005/2: That the minutes of the previous meeting be approved. 1.5. *Matters arising from the minutes At the previous meeting, it was suggested that the issue of the ranking of law schools should be placed on a future agenda in order that CALD may consider ways to make a constructive contribution to the debate. However, after some discussion it was agreed that this would be premature in the absence of any imminent ranking, and that it would be unhelpful for CALD to initiate or encourage such an exercise. It may have to be revisited in the context of the impending DEST research quality review if that review adopts a ranking or rating system to describe the outcomes of the review. 2. COUNCIL MATTERS 2.1. *Membership of Edith Cowan University Professor Paul Moyle gave some background to the recognition of the degree at Edith Cowan University by the WA Legal Practice Board. He explained that the letter of 21 July 2004 to the LPB gave a good chronology of the establishment of the degree program. In order to gain recognition, Edith Cowan University had made four submissions over an 18-month period. They received recognition of the law degree, but only for one year and will need to resubmit each year for the next four years, as new courses come on stream. Further, they have had to make certain undertakings in regard to detailing the limited recognition when undertaking any marketing of the degree. He told the meeting that despite the limitations, they had received a high calibre enrolment with two categories of students being admitted: school leavers and second degree entry. Professor Moyle thanked all who had supported the application process, in particular he was grateful for the support of Professor Bill Ford of the University of Western Australia. He also thanked CALD for the opportunity to attend meetings in 2004. It was resolved by an absolute majority (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. Moved Professor Michael Coper, seconded Professor the Hon Michael Lavarch. 3 CALD Minutes, Meeting 2005#1 (Bond University, 20 March 2005) 2.2. *Election of Deputy Chair and Executive Members The Chair reported on the results of the electronic voting to amend the CALD Constitution to provide for the possibility of additional Executive Members. As a result of the absolute majority in favour of the change, it was resolved (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. As a result of the change, nominations had been received from five deans to join the Executive Committee — Professors Ford, Colbran, Croucher, Lavarch, and Moyle — and they were elected without opposition. Professor Ford was elected as Deputy Chair. 2.3. Treasurer’s Report The Treasurer’s report was deferred to the next meeting. However, the Chair raised an issue from the Treasurer’s report regarding the pre- meeting dinner which in recent years has been paid for by CALD. He stated that Professor Barker, in particular, had always been keen to encourage the informal gathering before the meeting. However, he posed the question as to whether the expenditure, which was in the vicinity of up to $3000 each year, was a reasonable expense or if this money should be reserved for other purposes, for example consultancies. An alternative was to ask deans to contribute towards the cost of dinners. After some discussion, it was agreed that the ability to meet and discuss issues informally was valuable and should be continued. A number of alternative ways of paying for the dinners were canvassed. It was agreed that, as deans would be claiming the money back from law schools, it was administratively easiest to add a levy of $100 to the annual fees to cover the cost of dinners. 2.4. Secretariat Report The Secretariat report was noted. 2.5. Meetings for 2005 The date of the third meeting of CALD will be decided by the Executive in consultation with the Faculty of Law at the University of Tasmania. 2.6. Correspondence The correspondence was noted. 3. LEGAL RESEARCH AND SCHOLARSHIP 3.1. *Academy of Law The Chair outlined the recent developments in the establishment of the Academy of Law. In particular: • the extension of the list to founding fellows to include more women (as recommended by Professor Rosemary Hunter, Dean of Griffith Law School in 2004) • the work on the draft Constitution 4 CALD Minutes, Meeting 2005#1 (Bond University, 20 March 2005) • the agreement of Minter Ellison, Canberra, to do the necessary work, on a pro bono basis, to incorporate the Academy • the setting of a tentative date for the first meeting of the founding fellows to continue the work of establishment by approving the draft constitution and facilitating the election of further fellows. Further he explained that the aim in the choice of founding fellows had been to get a group of distinguished members of the profession who would be able to work towards the establishment of the Academy. It had always been envisaged that, once this work was done, the category of founding fellow would disappear. It was suggested that as Southwood J had been invited to be a founding fellow in his capacity as president of the Law Council of Australia before he had been called to the bench of the Supreme Court of the Northern Territory, it may be appropriate to invite the new president of Law Council, Mr John North, to become a founding fellow. 3.2. CHASS It was noted that CALD will join CHASS as an institutional member. 3.3. **Law Research Network The Chair gave a brief summary of the meeting held by LawRN at ANU which he had attended as well as several other deans. In particular Professor Coper reported that while there had been different views on the origins of the group and the relationship with CALD, it was agreed at the meeting that it would be positive to have a close relationship between CALD and Law RN, and that Law RN would appreciate some administrative assistance.

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