VOL 6 NO 1 & 2 (2013) Vol 6 No 1 & 2 Editorial Board: Professor Dale Pinto — Editor in Chief (Curtin University of Technology), Professor Brian Opeskin (Macquarie University), Professor Greg Craven (Australian Catholic University), Professor Roman Tomasic (University of South Australia), Professor Rosalind Mason (Queensland University of Technology), Emeritus Professor David Barker AM (University of Technology, Sydney), Professor Michael Coper (Australian National University), Professor Michael Adams (University of Western Sydney), Professor Stephen Graw (James Cook University), Dr Jennifer Corrin (The University of Queensland), Professor Maree Sainsbury (University of Canberra), Professor Stephen Bottomley (Australian National University), Dr Nick James (Bond University), Mr Wayne Rumbles (University of Waikato), Associate Professor Alexandra Sims (University of Auckland), Dr John Hopkins (University of Canterbury), Mr Sascha Muller (University of Canterbury), Katherine Poludniewski (JALTA Administrator). Editorial Objectives and Submission of Manuscripts: The Journal of the Australasian Law Teachers Association (JALTA) is a double-blind refereed journal that publishes scholarly works on all aspects of law. JALTA satisfies the requirements to be regarded as peer reviewed as contained in current Higher Education Research Data Collection (HERDC) Specifications. JALTA also meets the description of a refereed journal as per current Department of Education, Employment and Workplace Relations (DEEWR) categories. © 2013 Australasian Law Teachers Association: This Journal is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from the Editor-in-Chief. Proofread by Trischa Mann Typeset by Last Word, Melbourne Sponsored by CCH Australia Ltd ISSN 1836-5620 (Online) Journal of the Australasian Law Teachers Association (2013) Vol 6 No 1 & 2 Foreword – Dale Pinto CLINICAL LEGAL EDUCATION & PRACTICAL LEGAL TRAINING The Gatekeepers of the Law: Revisiting the roles of Academics, Students and the Profession – Leonie Kelleher and Hubert Algie ........................................................................................ 1 ‘What’s Ethics got to do with it?’ Requiring students to be cognisant of ethical parameters in commercial practice – Barry Yau ............................................................................................................................ 11 COMPANY LAW Do Companies Dream of Juristic Sheep? Corporate Claims to Human Rights: A Humanist Approach – Jonathan Barrett ................................................................................................................. 25 CONSTITUTIONAL LAW The under-development in Australia of the doctrine in Kruse v Johnson – Bede Harris ......................................................................................................................... 33 ENVIRONMENTAL LAW Reframing Human Rights in Sustainable Development – Laura Horn ......................................................................................................................... 45 The Relationship between Regulation and Governance: Examining Green-tape reduction reform in Queensland – Helen Sungaila, Peter Boulot and Emille Boulot ............................................................... 61 INDIGENOUS PEOPLES AND THE LAW Colonisation without Exploitation: The Qing Policies in Taiwan during the High Qing Period (1684-1795) – Ruiping Ye ........................................................................................................................... 71 LEGAL EDUCATION Critical Reflection and the Practice of Teaching Law – Tin Bunjevac ........................................................................................................................ 81 Gatecrashing the Research Paradigm: Effective integration of online technologies in maximising research impact and engagement in legal education – Kate Galloway, Kristoffer Greaves and Melissa Castan .................................................... 91 JOURNAL OF THE AUSTRALASIAN LAW TEACHERS ASSOCIATION ‘Works well with others’: Examining the different types of small group learning approaches and their implications for law student learning outcomes – Julian Laurens, Alex Steel and Anna Huggins .................................................................. 101 Are there sign posts at the entry gate? How utilising Graduate Qualities, Threshold learning Outcomes for Law and Inherent Course Requirements might impact on satisfactory completion of a law course – Tania Leiman and Deborah Ankor .................................................................................... 113 Taking Hints from Hogwarts: UOW’s First year Law Immersion Program – Cassandra Sharp, Margaret Bond, Trish Mundy, Karina Murray and Julia Quilter ....... 127 Clarifying assessment: developing official typologies and instructions for forms of assessment in law – Alex Steel ........................................................................................................................... 141 LEGAL HISTORY An Avalanche of Law Schools: 1989 to 2013 – David Barker ..................................................................................................................... 153 LEGAL THEORY AND LAW IN CONTEXT Property Law Teachers: Gatekeepers to a Broader Legal Understanding Through the Rich Tapestry of Property Law – Penny Carruthers and Natalie Skead ............................................................................... 167 Diving into the Culture of Law: Lessons from Literary Masters of Law – Karina Heikkila ................................................................................................................. 177 REVENUE LAW Judge not, lest ye be judged: The trials of a Model Litigant – Robin Woellner and Julie Zetler ....................................................................................... 189 FOREWORD It is my great pleasure to welcome readers to the 2013 issue of the Journal of the Australasian Law Teachers Association (JALTA). JALTA is a double-blind refereed journal that publishes scholarly works on all aspects of law. JALTA was established by the Australasian Law Teachers Association (ALTA) in 2008 and represents an important initiative which supports the research endeavours of its members, in addition to ALTA’s highly regarded Legal Education Review (LER) and the Centre for Legal Education’s Legal Education Digest (LED), which is included in ALTAALTA membership. The journal also appropriately reflects the prestige, maturity and development of ALTA as an organisation which now represents well over 1000 members. Following the publication of our inaugural issue in 2008, the response to subsequent issues of JALTA continued to be very strong. This issue of JALTA includes 17 published articles out of 25 full submissions that we received. All submissions undergo a rigorous double-blind peer review before being published. In closing, and most importantly, I need to extend my sincere thanks to a number of people whose collective efforts have made this journal possible. First, in addition to all members of the ALTA Executive, I would like to thank my Editorial Board colleagues for their counsel and support. Second, I must thank ALTA Interest Group Convenors and all referees who assisted us with the double-blind refereeing process. I would also like to offer my thanks to Trischa Mann, for all her efforts in proof-reading, Maureen Platt for her efforts in typesetting, and to CCH Australia Ltd for their generous sponsorship and continued support of the journal. Lastly, I need to record a special thanks to Katherine (‘Kat’) Poludniewski who is tireless in her work on all aspects dealing with JALTA and is always supremely organised and efficient. I can safely say that, without Kat’s contributions JALTA, would not be produced in a timely and professional manner. Well done, Kat! I commend this issue of JALTA to all readers and ALTA looks forward to continuing to contribute to the legal profession through this journal. Professor Dale Pinto Editor-in-Chief JALTA THE GATEKEEPERS OF THE LAW: REVISITING THE ROLES OF ACADEMICS, STUDENTS AND THE PROFESSION LEONIE KELLEHER OAM∗ AND HUBERT ALGIE∗∗ ABSTRACT Clinical legal practice (CLP) provides opportunity for teaching that addresses gaps in core teaching programs. It can also provide a window of hope for communities at the periphery of the law. This paper describes two innovative projects that sought to address such gaps using alternative methods. It analyses their strengths, weaknesses, opportunities and threats, drawing conclusions for future directions. Before the law, there stands a guard. A man comes from the country, begging admittance to the law. – Kafka1 I. INTRODUCTION Law schools at present attract the best and brightest young Australians. Entrusted with educating future leaders, law schools face heavy responsibility in preparing these brilliant people for the enormous environmental, social and political challenges they will face. At the same time, employment-wise, it has been said to be the worst time in living history to be a law graduate.2 Care is needed to ensure that the best marks are not confused with the best potential lawyer, and that student emphasis does not shift away from client-based practical excellence. Even so, law students have a powerful and unique opportunity to re-imagine