ASPIRATIONS & INSPIRATIONS

Law Research Newsletter

January-February 2018

In this issue: Conferences/Seminars

Impact and Engagement

Book Award

Law Awards 181

Publications

Faculty-Published Journals

Academic Spotlight:

Assistant Professor Franci Cantatore

HDR News

TICLP News

Conferences/Seminars

2018 Interdisciplinary Colloquium on Sport

The Faculty of Law, Faculty of Business and Centre for Commercial Law once again

hosted the Interdisciplinary Colloquium on Sport on 15 and 16 February 2018, co-

convened by Assistant Professor Annette Greenhow and Assistant Professor Lisa

Gowthorp. The theme in 2018 was Inclusion, Equity and Diversity in Sport: Con-

straints, Challenges and Perspectives. Around 60 delegates attended the academic

sessions. Merrilee Barnes from the Australian Sports Commission gave the morning

keynote presentation on, ‘Designing to the Edges: Exploring the Possibilities of Uni-

versal Design in Sport’, thus establishing the main underlying tone for the Colloquium.

The afternoon keynote speaker, Dr. Annabelle Bennet AO SC, Bond University Chan-

cellor gave an insight into her role as a member of the Court of Arbitration for Sport

and highlighted several important aspects of the legal framework in a sporting context.

The Colloquium ended with a guest panel, convened to reflect on the interdisciplinary

themes and workshop ideas arising from the presentations. The interdisciplinarity of

the Colloquium sets it apart from other conferences and addresses the diversity of

perspectives in terms of problem-identification and problem-solving.

The Colloquium was professionally recorded, edited and uploaded to the University’s

YouTube channel. This collection of professional recordings is a valuable teaching

and learning tool and legacy of the Colloquium, available for access by researchers,

educators and students alike.

Merrilee Barnes (Director, Culture & Leadership, Sports Governance &

Business Capability Branch, Australian Sports Commission) delivered the

morning keynote speech.

Keith Binnie (General Counsel, New Zealand Rugby Union) discussed the

NZRU Respect and Responsibility Review.

Conferences/Seminars cont’d

National Wellness for Law Forum: ‘Do No Harm’

Facilitated by Professor Rachael Field, Bond University’s Centre for Professional

Legal Education recently hosted the Australian Wellness Network for Law’s annual

national forum on the importance of wellness for those studying and practising law, on

15 and 16 February 2018.

The Forum has been held since 2012 and is an initiative that responds to research

showing symptoms of psychological distress in solicitors begins early in their studies

and carries on throughout their professional lives.

The main objective of the Forum is to encourage recognition of the importance of

wellness in both law school and the profession - an issue Bond is tackling head-on as

the home of the Wellness Network for Law. The Bond Law Faculty acknowledges that

this is an important issue for the sustainability of the profession into the future, and an

emphasis on the importance of well-being and self-care is necessary from the time

students enter law school.

This year the Forum attracted national leading legal academics and practitioners who

examined and identified ways in which law can be created, administered, practised

and taught with an emphasis on resilience, support and well-being.

From L-R: Practitioner Panel—Doing No Harm: Experiences in Practice

Jerome Doraisamy (Author, Advocate and Consultant), Ken Petty (Managing Partner,

Minter Ellison Gold Coast), Georgia Edwards (Ramsden Lawyers), The Honourable

Associate Justice Mary-Jane lerodiaconou (Associate Judge, Supreme Court of

Victoria), Rachel Spearing (Master of the Inner Temple), Belinda Winter (Partner,

Cooper Grace Ward Lawyers), faciliatator Rolf Moses (CEO elect, QLS).

Impact and Engagement

Professor Dan Svantesson has been part of an International Working Group on

internet and jurisdiction policy.

The Report entitled ‘Data & Jurisdiction Policy Options: Cross-Border Access to User Data’ has now been published and is available here: https://www.internetjurisdiction.net/uploads/pdfs/Papers/Data-Jurisdiction-Policy-Options-Document.pdf

Countless hours have gone into this work. Dan is the only participant from the Asia-

Pacific region (with all other members being from Europe and North and South

America). The meetings have been held to accommodate their time zones, meaning

start times at or after midnight on the Gold Coast.

Dan notes it has been extremely interesting to work in an international group like this

including the tech industry (eg Google, Facebook and Apple), governments (eg US

Department of Justice), international organisations (eg EU, Interpol and Council of

Europe), and interest organsations (eg CDT). He is one of only three academics in the

group.

Book Award

Congratulations to Professor Dan Svantesson who contributed to a book awarded

by the American Society of International Law with the ‘2018 Certificate of Merit for

High Technical Craftsmanship and Utility to Lawyers and Scholars’. The Certificate is

awarded annually, based on the recommendation of a committee of Society members,

to a recent work that represents a distinguished contribution to the field.

The 2018 Book Awards Committee explained its decision as follows:

‘This is a mammoth (four volume) study published by Edward Elgar, with contributions

from 195 authors representing 57 nations. As the editors suggest, private international

law since World War II has “moved from the outskirts of the legal system to its centre.”

However, neither legal education nor academic discourse has fully kept up with the

developments. The purpose of the Encyclopedia is therefore to “improve the

availability of information about private international law and to present the field from a

global and comparative perspective.” The early 250 substantive entries (Volumes 1

and 2) and 80 national reports (Volume 3), both current to 2016, include sections by

many of the world’s top scholars and practitioners of private international law. The

consummate practicality of the work is emphasized by Volume 4, which contains a

highly useful collection of legal instruments of private international law, and by the fact

that the entire work is accessible at Elgaronline. While the focus may be European,

the scope

is global, reflecting the diversity of contributors and the trading nations in which they

reside. Given the continuing expansion of the global economy through increased

global trade, we believe the value and timeliness of this work to academics,

international lawyers and others is difficult to over-state.

See Jürgen Basedow, Giesela Rühl, Franco Ferrari & Pedro de Miguel Asensio (eds),

European Encyclopedia of Private International Law (Edward Elgar, 2017), also

available through the law library.

condition of registration that in instances where the trade mark is used

on beer that is not brewed by the applicant or that is not

Law Awards 181

The following faculty members were saluted for their book publications in 2017:

James Corkery, Companies Law (Centre for Commercial Law, 2017)

Harold Luntz, David Hambly, Kylie Burns, Joachim Dietrich, Neil Foster, Sirko

Harder and Genevieve Grant, Torts: Cases and Commentary (LexisNexis Butter-

worths, 8th ed, 2017)

Danielle Ireland-Piper, Accountability in Extraterritoriality: A Comparative and

International Law Perspective (Edward Elgar, 2017)

Danielle Ireland-Piper and Leon Wolff (eds), Global Governance and Regulation:

Order and Disorder in the 21st Century (Routledge, 2018)

Nickolas James, Business Law (Wiley, 4th ed, 2017)

Denis Ong, Ong on Rectification (Federation Press, 2017)

Dan Svantesson, Solving the Internet Jurisdiction Puzzle (Oxford University Press,

2017)

Dan Svantesson and Dariusz Kloza (eds), Trans-Atlantic Data Privacy Relations as a

Challenge for Democracy (Intersentia, European Integration and Democracy Series

vol. 4, 2017)

Radim Polcak and Dan Svantesson, Information Sovereignty: Data Privacy,

Sovereign Powers and the Rule of Law (Edward Elgar, 2017)

Andrew Stewart, William van Caenegem, Judith Bannister, Adam Liberman and

Charles Lawson, Intellectual Property in Australia (Lexis Nexis, 6th ed, 2018)

William van Caenegem and Jen Cleary, The Importance of Place: Geographical

Indications as a Tool for Local and Regional Development (Springer, Ius Gentium:

Comparative Perspectives on Law and Justice vol. 58, 2017)

Publications Cantatore, F. & James, N. (2018). Lawyers as heroes: Promoting altruism in law

students through pro bono teaching clinics. In O. Efthimiou, S. T. Allison, & Z. E.

Franco (Eds.), Heroism and Wellbeing in the 21st Century: Applied and Emerging

Perspectives, Routledge.

Ghori, U. H. (2018). The International Investment Court System: The Way Forward for

Asia? International Trade and Business Law Review, 21, 205-229.

Svantesson, D. J. B. (2018). Digital contracts in global surroundings. In S.

Grundmann (Ed.), European Contract Law in the Digital Age (European Contract Law

and Theory Series; Vol. 3) Intersentia Publishers, 49-86.

Van Caenegem, W., Atkinson, V., Azard, V. & Canlorbe, J. (2018). A comparative

study of fashion and IP: Trade marks in Europe and Australia. Journal of Intellectual

Property & Law Practice, 13(3), 194-211. DOI: 10.1093/jiplp/jpx190.

Faculty-Published Journals Australian Journal of Clinical Education

Sarah Kabir, ‘Addressing the Barriers to Clinical Education in Emergency

Medicine’ (46 downloads)

Francina Cantatore, Linda Crane and Deborah Wilmoth, ‘Defining Clinical

Education: Parallels in Practice’ (34 downloads)

Jane S Frost, Kathryn Sainsburgy and Christine Waller, ‘Preparing students to

respond: A pilot study to explore whether Mask-Ed simulation can assist students in

developing clinical judgement’ (26 downloads)

Bond Law Review

Eric Colvin, ‘Causation in Criminal Law’ (651 downloads)

Nicholas James, ’Separate Legal Personality: Legal Reality and Metaphor’ (480

downloads)

H.K. Lücke, ‘Ratio Decidenti: Adjudicative Rational and Source of Law’ (474 down-

loads)

Corporate Governance eJournal

Kim Kercher, ‘Corporate social responsibility: Impact of globalisation and

international business’ (1260 downloads)

Tim Jay and Madeline Taylor, ‘A case of champagne: a study of geographical

indications’ (415 downloads)

Sabina Medarevic, ‘Environmental Corporate Social Responsibility and the Carbon

Economy: A Case for CSR, the Triple Bottom Line and Obliquity’ (227 downloads)

Owen Dixon Society eJournal

Gerard Carney, ’The State Trials of Louis XVI & Marie-Antoinette’ (29 downloads)

Katie Allan, ’From Parker v Parker to Pirate Kings: The legacy of Lord Denning—A

toast’ (29 downloads)

Geoff Barlow and Jim Corkery, ‘’Sir Walter Campbell: Queensland Governor and his

role in Premier Joh Bjelke-Petersen’s resignation, 1987’(17 downloads)

Revenue Law Journal

Braedon Clark, ‘The Meaning of Income: the Implications of Stone v FCT’ (333

downloads)

Madeline Taylor, ‘Is it a levy, or is it a tax, or both?’ (304 downloads)

Greg Bitomsky, ‘The Principle Place of Residence: Taxation Considerations’ (155

downloads)

Sports Law eJournal

Natasha Schot, ‘Negligent liability in sport’ (359 downloads)

Jim Corkery, ‘Dangerous Sports and Obvious Risks - Anyone For Cricket?’ (125

downloads)

Danielle Ireland-Piper and Kim Weinert, ‘Is there a “Right” to sport?’ (73 down-

loads)

Academic Spotlight

Assistant Professor Franci Cantatore

Research areas of interest

My main areas of research interest are intellectual property law and legal education,

although I also enjoy researching in the area of consumer law.

Copyright Law and IP rights: I have done research in the area of IP rights

management and have recently completed a co-authored book relating to IP

management in small businesses and social enterprises. I am also constantly

building on my research in copyright law based on my previous PhD research –

currently I am writing a book chapter for a publication on copyright considerations in

the digital age.

Legal education: I am particularly interested in the area of experiential learning and

how to develop skills that assist students with their future employability. Clinical legal

education offers opportunities for students to develop their skills through practice-

based learning and prepares them for legal practice. I have investigated the impact

of law clinics on graduate employability skills and am considering ways in which

learning outcomes in pro bono clinics can be maximised. I see pro bono law clinics

as an extremely beneficial forum for student skills development, not only in relation

to pedagogical outcomes but also in terms of personal development, confidence

building and honing their professional skills.

Current research projects

My current research is in the area of clinical legal education, as well as copyright. I

will be visiting a law school in Temuco, Chile in May, where I will be assisting with

the establishment of a Commercial Law Clinic and participating in collaborative

research on pro bono teaching clinics. I am also investigating research opportunities

in the area of pro bono work in the legal profession with National Pro Bono (as a

member of the Research Forum). In addition I am currently writing a chapter on

copyright and digital publishing for a forthcoming publication on ‘Publishing and

Culture’. I am also in the final stages of editing a book relating to my research in the

area of IP rights management in small businesses and the third sector, which is due

for publication mid-2018.

Recent publications

Cantatore, F. & Crawford-Spencer, E. (2018). Effective Intellectual Property

Management for Small to Medium Business and Social Enterprise: Branding,

licences, trademarks, copyright, patents and contractual arrangements,

Universal Publishers, Inc., USA (expected publication date mid-2018).

James, N. & Cantatore, F. (2018). Lawyers as heroes: Promoting altruism in

law students through pro bono teaching clinics. In Heroism and Wellbeing in the

21st Century: Applied and Emerging Perspectives, Routledge (2018).

Cantatore, F. (2017). Emerging challenges in applying the Australian Consum-

er Law in e-commerce (Special Feature), Media, Technology and

Communications Law Bulletin, Vol 3, No 9-10, 119-124.

Cantatore, F. & James, N. (2017). Heroism Science offers a new framework for

cultivating civic virtue within clinical law programs, Australian Journal of Clinical

Education Volume 2, 2017, available at http://epublications.bond.edu.au/ajce/

vol2/iss1/ .

Cantatore, F. (2017). The impact of pro bono law clinics on employability and

work-readiness in law students, International Journal of Clinical Legal Education

(accepted for publication in March 2018).

Academic Spotlight cont’d Book review: Cantatore, F. (2017), Australian Clinical Legal Education:

Designing and operating a best practice clinical program in an Australian law

school (Evans et al, ANU Press), Australian Journal of Clinical Education,

Volume 2, 2017, available <http://epublications.bond.edu.au/ajce/vol2/iss1/>.

What is your dream project/area of research to work on?

I would love to do further research into pro bono law clinics, and how the

implementation of these clinics in universities nationally may benefit law students

as well as the community. It would also be interesting to establish whether

volunteer work during their law degree motivates students to undertake pro bono

work when entering practice. Unfortunately external funding is not easy to secure

and research time is a precious commodity! I am also very interested in IP rights

management and copyright law, and will continue to research in these areas.

Best research advice you can share or were given

1. When conducting research, try to produce more than one research outcome, for example a refereed journal article and a conference paper (preferably conducted in a desirable location!)

2. Initiate collaboration with others to achieve your research goals.

3. Plan ahead to ensure you always have a publication or two in progress.

Favourite way to relax

Spending time with friends and family, sharing good food and wine. Also watching Netflix on occasion (!) and reading for pleasure.

Who inspires you

Fearless investigative journalists like Christiane Amanpour, great writers like Margaret Atwood and Barbara Kingsolver, Wayne Dyer, and (closer to home), my husband of 36 years, Angelo!

HDR News

Congratulations to our two recent HDR graduates, both under the primary

supervision of Professor Dan Svantesson:

Kate Mathews-Hunt was awarded the Doctor of Legal Science (Research)

(SJD) for her thesis entitled, ‘consumeR-IOT: where every thing collides.

Promoting consumer internet of things protection in Australia’. Kate was also

the recipient of the Vice-Chancellor’s Award in Recognition of an Exceptional

Doctoral Thesis.

Madeline Taylor was awarded the Doctor of Philosophy (PhD) for her thesis

entitled, ‘The Contestation between and Coexistence of Agricultural Land

Protection and Coal Seam Gas Activities in Queensland, Australia’.

From L-R: Dr Madeline Taylor, Professor Dan Svantesson and Dr Kate

Mathews-Hunt.

HDR News cont’d

Kate Mathews-Hunt, writes:

Bring your ambitions to life!

If ever an important issue captures your

curiosity – or you think you might like to

undertake postgraduate research – go with it!

My doctoral degree – the Bond SJD – has

been a fascinating experience, from the few

well-taught coursework subjects I undertook,

to ambitiously developing my thesis and

publishing two independent studies in an

internationally respected journal. There is so

much to learn out there, especially in my field

which is broadly known as information

technology law. The brave new internet of

things world is coming, and Bond has given

me the chance to explore, understand and

develop real expertise in the area. And it’s not

about writing a boring book no one will read

either; if you choose a topic for today, and target your research to real and emerging

issues, then it’s amazing where your work can take you! Yes it’s a lot of hard and

challenging work, but it opens up a world of opportunity.

I really thank Bond for making my ambitious life-long learning journey possible.

Kate’s recent activities include:

- Presentation to the Consumer Consultative Committee at the ACCC in June 2017;

- Presentation on the consumer internet of things to the ACCC & AER Senior

Management Conference in Sydney in February 2018.

- Radio interview with ABC RN ‘The Law Report’ here: http://www.abc.net.au/

radionational/programs/lawreport/2018-03-06/9501720

- Presentation on the consumer internet of things to the Consumer Congress 2018

(Sydney).

Madeline Taylor, writes:

When I started at Bond University Law School at

the age of 17, I had the intentions of leaving Bond

with a law degree. What I gained at Bond was

beyond anything imaginable.

Over the past six years, I have been honoured to

be a ‘Bondie’. The teaching excellence, expansive

academic network and astute world-class research,

created the foundation of my academic career

upon the commencement of my PhD shortly after

my law degree graduation.

I could never be on the path I am on without the

support and mentoring of some of the greatest

academics in Australia to inspire and encourage

me to peruse academics.

Now as the second ever ‘Bondie’ to be an academic at the University of Sydney Law

School, I am continuing to represent Bond in my teaching style and publications - by

creating an environment of inclusiveness and thinking laterally and creatively about

legal problems. With access to some of the greatest academic networks in Sydney, I

am proud to always reply when asked my academic background, that I am a very

proud ‘Bondie’, from one of the greatest Institutions in the world.

Other HDR news

PhD Candidate Doris (Zejun) Du presented a paper on ‘Illegal immigration in

China’ at the 2017 Asian Law and Society Association Conference in Taiwan.

Congratulations to Michael Krakat (PhD Candidate) on his recent contribution to the

Investment Migration Council Bulletin publication of a short analysis on the ‘dual

citizenship crisis’ stemming from Section 44(i) of the Australian Constitution. His piece

was titled, ‘Between the Local and the Global: Plural Citizenship in Australia’, and can

be viewed here.

TICLP News TICLP is pleased to announce the publication of Global Governance and

Regulation: Order and Disorder in the 21st Century (Routledge, 2018), which is

a direct result of the first TICLP interdisciplinary conference hosted here at Bond

in 2015 and themed ‘Global Order and Disorder’. The book is co-edited by

Danielle Ireland-Piper and Leon Wolff and contains 15 chapters by 18 authors

from a diverse range of disciplines, including law, international relations, and

business. A significant number of the chapters were written by academics from

Bond Law, including ‘Law's movement’ (Ch 3) by Jonathan Crowe, ‘Nationality

and extraterritoriality : a disordered paradigm?’ (Ch 6) by Danielle Ireland-Piper,

‘Monopolisation, market liberalisation and madness: comparative approaches to

water supply governance’ (Ch 9) by Victoria Baumfield, ‘Domestic regulatory

architecture for the protection of financial stability after the GFC: global order or

disorder?’ (Ch 10) by Louise Parsons, ‘International criminal law as a regulatory

tool’ (Ch 13) by Jodie O'Leary, ‘Access to courts by public interest groups

seeking to challenge government decisions: a comparative analysis of Canada

and Australia’ (Ch 14) by Narelle Bedford and Lisa Bonin, and ‘Military courts in

Pakistan: a critical analysis’ (Ch 15) by Umair Ghori.

Faculty News

Faculty of Law Research Retreat

On 19 January 2018, a half-day retreat was attended by research academics,

law executives, the ORS managing director, interested professional staff and

HDR students. They discussed the current research landscape both nationally

and internally. A proposal to formalise research collaborations within the Faculty

led to robust discussion and debate on the matter.

Academics were asked to nominate their areas of research interest. The

following wordle was created from those responses.

Executive Dean Professor Nick James facilitated a discussion on how

research collaborations within the Faculty of Law could work.

Faculty News cont’d

Twilight Seminar

Caroline Strevens (Reader in Legal Education, Head of Department for Gold-Rated

Portsmouth Law School) gave a talk on the history and context of the Teaching

Excellence Framework (TEF) introduced by the UK Government to encourage

teaching in universities and colleges, and the details of the metrics used. She gave

an insightful personal view of the implications for academics who might face a

barrage of metrics if the TEF were introduced in Australia. These metrics include:

pressure to close courses, consistency trumping innovation, the student and their

legal rights, constant data interpretation, and more wonderful teaching whilst

publishing excellent research. You can view a recording of the seminar here.

Members of the Faculty brainstormed ideas on how/if more formalised

research collaborations within the Faculty could work.

From L-R: Associate Dean (Research) Professor Vai Io Lo, Professor Rachael

Field, Caroline Strevens (Reader in Legal Education, Head of Department for

Gold-Rated Portsmouth Law School), Associate Dean (Student Affairs &

Service Quality) and Associate Dean (Learning and Teaching) Clinical Associ-

ate Professor Libby Taylor, Professor William van Caenegem.

Faculty News cont’d Visiting Scholar Caroline Strevens (Head of Portsmouth Law School) gave an

insightful workshop for law academics and HDR students on ‘The Academic

Appointment Process – How to Get a Job’ from the perspective of someone who

regularly sits on Academic Appointment Panels.

Notices The following PURE training workshops will be held in 182:

Topics covered:

Pure navigation

Setting up your Pure profile

Managing your Activities in Pure

How to generate a dynamic CV

How to check your Research Output

How to add a publication

Filtering and saving records

Where to get help

1. Thursday 26 April, 12-1pm, 1b-1-74 (computer lab)

2. Tuesday, 22 May, 12-1pm, 1b_1_72 (computer lab)

3. Tuesday, 26 June, 12-1pm, 1b_1_74 (computer lab)

Please register your attendance with lawresearch@bond.edu.au as places are

limited.

PURE Public Portal

You control what is shown on your public profile by switching content on and off

through the PURE backend. Below is a link to a short 1 minute video which illustrates

how you can edit your personal profile information in order to control what can be

seen by others on the Portal, including metrics and affiliations. For example, you may

wish to turn off h-index sccopus data which undercounts law and social science

citations https://vimeo.com/243209491.

PURE-ORCID

Don’t forget to authorise the export of content to ORCID on your PURE profile, by

clicking on the hyperlink as shown below. This will allow all the information on PURE

to be pushed to ORCID automatically at intervals. The reverse is not the case;

ORCID does not populate PURE.

Caroline Strevens (Reader in Legal Education, Head of Department for

Gold-Rated Portsmouth Law School) presents a workshop on the

Academic Appointment Process.