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CPLE news and insights

Associate Professor Francina Cantatore and Senior Teaching Fellow Laura-Leigh Cameron-Dow collaborated to publish a book.

Property Law is designed to facilitate both continuous review and preparation for examinations on a comprehensive range of topics within the property law curriculum. This book provides an understanding of property law and gives a clear and systematic approach to analysing and answering problem and exam questions. Each chapter commences with a summary of the key issues. Each question is followed by a suggested answer plan, a sample answer and comments on how the answer might be assessed by an examiner. The ‘Keep in Mind’ sections provide advice on potential errors to avoid when answering questions. A new chapter on personal property securities is included in this fourth edition.

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Associate Professor Francina Cantatore, Assistant Professor Louise Parsons and Associate Professor Kate Galloway published the following article in the Australian Property Law Journal.

The South Australian Government recently announced the launch of a new system of fractionalised land title, to be rolled out as a trial in two of Adelaide’s new residential towers. The system involves dividing the estate in each lot into 20 equal interests, using both blockchain technology and the Torrens register to record and trade them. This article outlines a possible design that would support such a proposal to analyse how a fractionalised land title challenges traditional categories of property, including the possibility of bifurcating land title into both real and personal property. It explores the likely range of rights and responsibilities and the tensions arising as a consequence, to conclude that there are a number of unresolved questions inherent in an otherwise elegant idea.

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Professor Rachael Field and Advisory Board member Caroline Strevens have edited the book, Educating for Well-Being in Law - Positive Professional Identities and Practice.

Bringing together the current international body of knowledge on key issues for educating for well-being in law, this book offers comparative perspectives across jurisdictions, and utilises a range of theoretical lenses (including socio-legal, psychological and ethical theories) in analysing well-being and legal education in law. The chapters include innovative and tested research methodologies and strategies for educating for well-being. Asking and answering the question as to whether law is special in terms of producing psychological distress in law students, law teachers and the profession, and bringing together common and opposing perspectives this book also seeks to highlight excellent practice in promoting a positive professional identity at law school and beyond resulting in an original contribution to knowledge, and new discourses of analysis.

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Adjunct Professor Mei Pheng Lee alongside her husband and son have published the Fifth Edition Banking Law book.

This Fifth Edition encompasses the many developments since the last edition was published in 2012, including changes that we have seen to the legislation, regulations, case law, and other legal issues. This information is beneficial to a vast audience, including regulators, supervisors, bankers, professionals, corporations and businesses, and students. In line with the previous publications, this new edition provides crucial insight into the wide areas of banking law but remains in a format easy to understand.

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Assistant Professor Jackson Walkden-Brown, Professor Nick James and Professor Rachael Field have published a book.

The New Lawyer has been updated to ensure that first year law students do not feel overwhelmed by the transition to law school. With updates in the content and statistics, this new edition has been written in an easy-to-read style specifically with students in mind. This book addresses the law Threshold Learning Outcomes (TLOs) and outlines what students should know, understand and be able to do at the conclusion of their first year of study.

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Senior Teaching Fellow Lindsey Stevenson-Graf has contributed to the Alternative Law Journal with this article.

This article considers whether different types of Clinical Legal Education (CLE) programs have the same potential to provide a transformative learning experience for students. The author uses Mezirow’s theory to postulate that, although addressing a societal need, ‘missing middle’ Clinical Legal Education programs – those that assist middle-income Australians – may not provide the necessary environment, including an environment ripe for ‘disorienting dilemmas’, for transformative learning. After a comparison of missing middle clinics in Australia and poverty law clinics in the United States of America (US), the author suggests that disorienting dilemmas may only be offered by Clinical Legal Education programs aimed at assisting society’s most vulnerable people.

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Associate Professor Danielle Ireland-Piper has contributed to The Law Teacher journal with this article.

Comparison in legal education matters. In its mission statement, the International Society of Public Law suggests that, “a full explication and understanding of today’s ‘constitutional’ [law] cannot take place in isolation from other branches of public law or in a context that is exclusively national”. Not only is comparative content of itself enlightening, but this paper argues comparison as a teaching method has at least four virtues. First, teaching in a comparative paradigm better prepares graduates for an interconnected and global legal marketplace. Second, it helps illuminate curriculum content. Third, it makes for good citizenry. And, fourth, it enhances the research/teaching nexus. In so doing, this paper explores the use of comparative law as a teaching methodology in core public law subjects rather than by way of additional curriculum content. As with all things, however, where there are virtues, there are also vices. In this context, such vices include questions of relevance and threats to space, time and coherence in legal education. To that end, the disadvantages of comparative approaches in teaching public law are also considered.

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Professor Jonathan Crowe has published a book, Legal Theory (Thomson Reuters, 3rd ed, 2019)

The essence of the law...

Lawbook Co. Nutshells are the essential revision tool: they provide a concise outline of the principles for each of the major subject areas within undergraduate law.

Written in clear, straight-forward language, the authors explain the principles, and highlight key cases and legislative provisions for each subject.

Nutshell: Legal Theory is aimed primarily at students encountering legal theory for the first time or seeking a concise summary of the area for revision purposes. The third edition contains a new chapter on critical reasoning. Several other parts of the book have been revised and updated to reflect recent developments, including new suggestions for further reading.

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Assistant Professor Jackson Walkden-Brown and Senior Teaching Fellow Lindsey Stevenson-Graf have published an article in the Australian Journal of Clinical Education.

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Associate Professor Francina Cantatore collaborated to publish a book.

Intellectual property (IP) management is a topic of significant concern for all organisations, irrespective of their size and nature. It is, however, an area of corporate management that has often been neglected or overlooked by small and medium size enterprises, and even more so by smaller third sector enterprises. The reasons are varied and may constitute a lack of money, knowledge or time, or a combination of these factors.

The intrinsic value of IP is often underestimated and receives little attention from smaller organisations – yet it is an integral part of any organisation’s asset portfolio. Often, effective IP management strategies can make the difference between success and failure of an organisation.

This book focuses on ways in which small and medium size enterprises - including social enterprises - can protect and manage their IP. It deals with the importance and value of IP, and the specific needs and requirements of SMEs in relation to IP management, highlighting problematic issues and providing structural guidance in relation to IP management. The book draws on qualitative research conducted in Australia in this area of the law, identifying the unique challenges faced by third sector SMEs in managing their IP, and providing practical strategies for effective IP management and protection.

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Associate Professor Kate Galloway provided expert comment on media coverage.

Dr Kate Galloway, an associate professor of law at Bond University, argued the judgment would make it more difficult for women in NSW – and possibly other states – to obtain a sperm removal order.

“The next person that brings this urgent application ... now has to contend with this decision,” she said.

“Everyone has different views about this. Some people would think it's beautiful, you’ve got a child to remember the deceased person by. Other people would go: ‘Let the person rest in peace. Once you’ve gone, you’ve lost the opportunity to procreate and that’s the way life is.’”

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Professor Rachael Field and Professor Jonathan Crowe contributed to a journal article.

The paper presents findings from a study into the information experiences of people needing to make post-separation parenting arrangements.

Data was collected from 20 participants, through in-depth, semi-structured, telephone interviews. Thematic analysis identified five major themes: Following, Immersion, Interpersonal, History and Context, which depict the information experiences of the participants.

The findings can be used as an evidence base to inform the design and delivery of support and services provided by government agencies and other community groups supporting the legal information needs of individuals and families.

The work extends current understandings of information experience as an object of study in the information science discipline.

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Assistant Professor Annette Greenhow published the following article in the Queensland Law Society, Proctor.

Sport-related concussion (SRC) is not an unfamiliar risk for Australian athletes, but it is only now that it is expected to receive significant judicial scrutiny.

For decades, concerns about sport-related concussion (SRC) in Australia, particularly in combat, contact and collision sports, have been circulating in medical and scientific communities.

SRC is not a new phenomenon that suddenly emerged following highly publicised events in the United States. The quest to understand the scientific and medical construct of the harm of SRC has led to the convening of many medical concussion symposia and conferences, and has driven the research towards seeking to understand the nature and extent of the harm caused by SRC.

While the medical and scientific research agendas have slowly traversed the road to discovery and increased understanding around SRC, several parties, including litigation lawyers and insurers, have been paying close attention to matters unfolding in the United States. Class action litigation alleging negligence and fraudulent concealment against the National Football League (NFL) culminated in a record breaking $1 billion compensation package establishing a medical monitoring fund, a monetary compensation fund and an education fund available to more than 20,000 former NFL players. 

Commentators had earlier questioned whether similar allegations or outcomes could arise in Australian sport, or whether there were unique features within the Australian legal and sports systems that offered sufficient insulation to ward off such interventions. Several codes in Australia maintained the stance that the NFL case was distinguishable based on a couple of factors - that they had their players' health and welfare as a paramount concern, and that it was not simply a case of "concussion cousins" by way of comparison with their NFL brethren.

SRC issues are likely to be deliberated in Australian courts in the next 12 months. Legal proceedings are pending in the Supreme Court of New South Wales and class action litigation is threatened against the Australian Football League (AFL). The full-blown litigation process will bring into sharp focus the legal and regulatory responsibilities of key non-state actors involved in the regulation of SRC.

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Associate Professor Kate Galloway and Professor Nick James presented at the Australasian Law Teachers Association Conference.

The practice of law is at a crossroads, as the legal profession grapples with the advent of digital technologies and their likely impact on the work of lawyers. Already, new legal professionals are emerging with a range of diverse skills that complement those of the more traditional lawyer. At the same time the legal academy exists within a rigid regulatory environment that remains anchored in the doctrinal framing of legal education.

While many Australian law degrees have responded to the contemporary environment of legal practice through introducing technology-based, or -enhanced subjects or programs, the core degree will inevitably continue to reflect the knowledge-base of the Priestley 11.

While there are a range of skills now identified as the future of legal practice, this paper examines the rationale for incorporating design thinking into legal education—a skill touted as essential to the future of work broadly, and relevantly also, to legal practice. We first define the nature and purported role of design thinking, contrasting it with the suite of thinking skills generally encompassed by the term ‘thinking like a lawyer’.

We analyse the likely benefit for the lawyer—and their client—of adopting a design thinking mindset in the context of the emerging, technology-rich practice of law, and finally we draw on critiques of the contemporary fascination with design thinking to assess the true value of the skill in the (future) lawyer’s toolkit.

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Professor Nick James presented at the Australasian Law Teachers Association Conference.

Given the high levels of stress and anxiety experienced by many law students, resilience is now recognised as an important element in the development of a healthy professional identity. But at a time when the practice of law is being disrupted by emergent technologies such as AIs and other sophisticated analytical tools, and traditional law firms are increasingly competing with new models for the delivery of legal services, what is the likely impact upon law student wellness?

This paper explores the potential implications – both positive and negative – of digital disruption for law student wellness.

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Assistant Professor Jackson Walkden-Brown and Professor Nick James presented at the Australasian Law Teachers Association Conference.

Bond University’s Centre for Professional Legal Education launched the Graduate Certificate of Legal Education in September 2017. It is the first postgraduate program in Australia specifically designed to meet the needs of law teachers. The four-subject specialised program provides participants with detailed exposure to contemporary legal education theory and practice, and prepares them for success in their careers as legal education professionals. While it is aimed primarily at academics teaching law at universities in Australia, it is also designed to appeal to legal education scholars, legal training providers, professional staff in law schools, and high school legal studies teachers.

The purpose of this paper is to present the justification for choices made in the design and delivery of the first subject in the GCLE program, Foundations of Legal Education. The subject includes a range topics aimed at encouraging participants to reflect upon the fundamental nature and purpose of legal education, particularly in the context of diversity and disruption in modern legal education and practice. The subject also includes the key themes in the scholarship of learning and teaching, with emphasis on the design of curricula and the articulation of a teaching philosophy. This paper presents the rationale for these inclusions. In the second part of the paper, the authors reflect critically on the interesting and rewarding experience of teaching law teachers about the teaching of law.

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Professor Michael Weir contributed to a journal.

The regulation of registered health practitioners in Australia focuses upon "holding out" provisions rather than statutory "scope of practice" provisions. One concern for non-registrant complementary and alternative medicine practitioners and other non-registrants is whether these holding out provisions are breached by simply providing a modality which may also be applied by a registered health practitioner (such as the use of Chinese Massage) and when does a breach of the holding out occur when they use particular words that might in the context of when they are used may be deemed to constitute a holding out.

This article will analyse the relevant provisions of the National Law and case law to determine some guidelines for practitioners to avoid liability.

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Assistant Professor Narelle Bedford and Associate Professor Danielle Ireland-Piper have submitted a publication to the government: 2018 Enquiry into constitutional recognition relating to Aboriginal and Torres Strait Islander peoples. 
We welcome the opportunity to make a submission in relation to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples. In making the submissions below, we note that this submission was written on the traditional lands of the Yugambeh language group, and to that end, acknowledge the traditional custodians and pay respects to elders past, present and emerging.   
We make this submission as we share a deep personal commitment to human rights and genuine, meaningful reconciliation with Aboriginal and Torres Strait Islander peoples. Additionally, we are legal academics teaching and researching in the broad area of public law, with expertise in constitutional law, international law and administrative law.  

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Associate Professor Kate Galloway presented at the 2018 Annual Meeting on Law and Society, Toronto, Canada.

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Assistant Professor Hugh Zillmann contributed to the Journal of International and Comparative Law.

Some form of discrete, mandatory, pre-admission, practical legal training (PLT) delivered by educational providers has been an essential element in a number of common law countries including England and Wales, Hong Kong and NSW in Australia, for around the last 40-50 years. However, it is almost certain that from September 2020, completion of a PLT component will no longer be compulsory in order to become a solicitor in England and Wales, and it will be replaced by a requirement to pass a centralised exam testing various legal skills. Based on the experience of the United States, this seismic change from established practice should be viewed by other common law jurisdictions such as Hong Kong (which is contemplating reform in this area) with caution.

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