Dr Don Fleming

Contact Dr Don Fleming

Don Fleming

Position

 

Senior Lecturer in Law

Qualifications

  • BA LLB ( Monash University)
  • LLM (University of Melbourne)
  • PhD (ANU, Law Program, RSSS)
  • Barrister & Solicitor (High Court; Supreme Courts ACT & Victoria)
  • Barrister (Supreme Court NSW)

Professional/Academic Memberships

  • Australian Law Teachers Association
  • Centre for Labour Market Research (Fellow)
  • International Legal Aid Group (Executive Member)
  • ISA/Research Committee on Sociology of Law
  • Law and Society Association (US)
  • Law Council of Australia (Practice Management Section)
  • Law Society of the Australian Capital Territory
  • Socio-Legal Studies Association (UK)

Past Relevant Experiences

  • Professor of Law (2000-03)
  • Visiting Scholar, Centre for Socio-Legal Studies, Wolfson College, University of Oxford (2002)
  • Academic Director, National Institute for Governance (1999)
  • Academic Visitor, Australia Centre, University of Potsdam (1997/98)
  • Principal Researcher, Commonwealth Attorney-Generals Department (1988/90)

Professional experience

  • Director, Amann Aviation Task Force, Department of Transport and Communications (managing Commonwealth case in Amann Aviation Pty. Limited v Commonwealth of Australia (1988) 100 ALR 267; see also (1990) 22 FCR 527. See also Commonwealth of Australia v Amann Aviation Pty Limited (1991) 174 CLR 64) (1987-88)
  • Senior Solicitor, Canberra Welfare Rights and Legal Centre (incl. instructing in Morpath Pty Ltd v ACT Youth Accommodation Group Inc. & Minister for Territories v ACT Youth Accommodation Group Inc (1987) 74 ALR 121)) (1986-87)
  • Member ACT Bar Association (1982-86)
  • Solicitor in private practice (1974-79)

Teaching

  • Lawyers & Professional Responsibility
  • Litigation & Dispute Processing
  • Student Law Internship Unit (Convenor)
  • Indigenous Students Support Program (Convenor)

Administration

  • Chair, School Professional Development Committee (2006-)
  • Member, School Workloads Committee (2006-)
  • Panel member, University Review of School of Professional and Community Education (2003)
  • Chair, Divisional Staff Forum (1999-2000)
  • Chair, Faculty Board (1999)
  • Faculty Higher Degrees and Scholarships Committee (1996-2002)
  • Chair, School Curriculum Reform Committee (2000-02)
  • Course Convenor, LLB Double Degree Program (1994-97)
  • Convenor, School First Year Skills program (1994-96)

Community Service

  • Member, University Equal Opportunity Committee (2002-06)
  • Deputy Chair, University Equal Opportunity Committee (2004-06)
  • Member, University Committee for People With Disabilities (2000-06)
  • Chair, University Committee for People With Disabilities (2002-06)
  • Member, University Committee for Ethics in Human Research (2000-06)
  • Deputy Chair, University Committee for Ethics in Human Research (2004-06)
  • Legal Education Committee, Law Society of the ACT (1999)
  • Board Member, Tenants Union (ACT) (1994-95)
  • Board Member, Welfare Rights and Legal Centre (ACT) (1994-95)
  • Member, ACT Tenants Advice Service Co-ordination Group (1994-95)
  • Volunteer solicitor, ACT Law Society Lunchtime Legal Service (1991-95)
  • Volunteer solicitor, ACT Welfare Rights and Legal Service Night-Time Legal Service (1991-95)

Awards

Harmony Day Award (for commitment to leading, supporting and educating colleagues, students and the University in the principles and practice of equity) (2006)

Vice-Chancellors Certificate of Commendation (as a member of the 2005 Equal Opportunity Committee (2006)

Research/areas of interest

  • Access to justice
  • Legal profession
  • Legal history
  • Socio-legal studies

Recent research activities

  • 2006: Expert Report: Government of Canada: Operation of civil legal in Australia in relation to proceedings by Canadian Bar Association and Attorneys-General of Canada and British Columbia
  • 2005-06: University Research Contract with NRMA Insurance investigating the effect of reforms to the law of negligence on outcomes in third party insurance claims (finalised December 2006)
  • Jan-March 2006: University Research Contract with Commonwealth Attorney-Generals Department developing a draft National Indigenous Law and Justice Strategy (finalised July 2006)
  • 2003-04: Research Contract with Commonwealth Attorney-Generals Department investigating changes in labour markets for legal aid work in Australia 1991-2003 (finalised May 2004)
  • 2004-06: Internal University Research grant investigating changes in internal labour markets, legal work and legal professionalism in 24 large, medium and small solicitors firms in Canberra and Sydney (finalised April 2005)
  • 2001-02: Internal University Research grant investigating changes in the labour market for legal professionals over 1996-2001 using ABS Census of Population and Housing data (finalised December 2002)

Publications

Books, chapters and articles

Fleming D & Daly A, The Retreat Of The Legal Profession From Legal Aid: Labour Market Change in the Australian Mixed Model (2007) International Journal of the Legal Profession (forthcoming)

Daly A, Fleming D & Lewis P, A Cohort Analysis of the Private Rate of Return to Higher Education in Australia (2006) 9 (3) Australian Journal of Labour Economics

Fleming D & Regan, F, Re-Visiting The Origins, Rise and Demise of the Australian Legal Aid Office (2006) 13 International Journal of the Legal Profession 69

Lewis P, Daly A & Fleming D, Why Study Economics? The Private Return to an Economics Degree, (2004) 23 Economic Papers 234-243

Daly A, Fleming D & Lewis P, The Labour Market for Legal Professionals, (2003) 77 (12) Law Institute Journal 49-60

Daly A Fleming D & Lewis P, Is a Legal Education a Better Investment than Economics? (2004) Australasian Journal of Economics Education pp. 183-198

Fleming D, Daly A Lewis P, "Changes in the legal professional labour market" (2004) 194 Ethos 10

Fleming D, Social Justice: in T Blackshield, M Coper & G Williams (eds) The Oxford Companion to the High Court of Australia, (Oxford University Press, 2001)

Fleming D & Pearce A, Legal Representation in The Laws of Australia, 11 Criminal Procedure, (Sydney, Law Book Company) (September 2000)

Fleming D & Pearce A, Legal Aid in The Laws of Australia, 11 Criminal Procedure, (Sydney, Law Book Company) (September 2000)

Fleming D & Regan F, Evatt's Bastard Child: The Commonwealth Legal Service Bureaux 1942-51 (2003) 7 Australian Journal of Legal History 255-285

Fleming D, Australian Legal Aid Under the First Howard Government (2000) 33 University of British Columbia Law Review 343-382

Regan F Paterson A Goriely T & Fleming D (eds), The Transformation of Legal Aid: Comparative and Historical Studies, (Oxford, Oxford University Press, 1999)

Fleming D, Responding to New Demands: Legal Aid and Multi-Party Actions: in Regan F, Paterson A, Goriely T & Fleming D (eds.), The Transformation of Legal Aid: Comparative and Historical Studies, (Oxford, Oxford University Press, 1999)

Fleming D, Rethinking Legal Aid Policy (1989) Legal Service Bulletin 6

Fleming D, The diversification of administrative law in G Singleton (ed), The First Howard Government, (Sydney, UNSW Press, 2000)

Fleming D, Change, tensions and trends in administrative law in G Singleton (ed), The Second Keating Government: Australian Commonwealth Administration 1993-1996, (Canberra, CRPSM/RAIPA 1997)

Fleming D, Review essay, Justice All Their Own: The Caledon Bay and Woodah Island Killings 1932-1933, (1998) 22 Aboriginal History 234-240

Fleming D & Tomasic R, Australian Administrative Law, (Sydney, Law Book Co, 1991)

Regan F & Fleming D, International Perspectives on Legal Aid (1994) 19 Alternative Law Journal 183-185

Fleming D & Regan F, Legal Aid: How does Australia shape up? (1995) 30 Australian Lawyer 23

Fleming D, The Control and Use of Premises in J Ratnatunga & J Dixon (eds), Australian Small Business Manual, 3rded, (CCH Australia, 1992)

Fleming D, Legal Aid and Public Legal Services in the early 1990s: a broad view of a bleak picture (1992) 14 Alternative Law Journal

Research reports

Fleming D, Charting Better Justice For Indigenous Australians, paper prepared for Australian Government Attorney-Generals Department, Indigenous Justice and Legal Assistance Division, July 2006

Fleming D & Daly A, Private practitioners and the Australian mixed model: Changes in labour markets for legal aid 1990-2003, (see AGD website: http://www.ag.gov.au/agd/WWW/agdHome.nsf/Page/Publications_2005_Private_Practioners_and_the_Australian_mixed_model)

Fleming D The Purchaser-Supplier Approach in Legal Aid Legal Aid Research Series, Department of Justice, Canada, June 2002, (see http://www.justice.gc.ca/en/ps/rs/rep/2003/rr03lars-6/rr03lars-6.pdf)

National Legal Aid Advisory Committee, Legal Aid For the Australian Community, (Canberra, AGPS, 1990)

Papers (12) on legal aid policy and services (see Attorney-General's Department, National Legal Aid Advisory Committee, Annual Report 1988-89, (Canberra, AGPS 1990) at 12-15)

National Legal Aid Advisory Committee, Funding, Providing and Supplying Legal Aid Services, (Canberra, AGPS 1989)

Education for Legal Support Staff employed in the Legal Profession in Victoria, report prepared for Royal Melbourne Institute of Technology, June 1983

Conference papers

Daly, A. & Fleming, D., The Impact of Market Change and Regulatory Reform on the Legal Profession: Some Workplace Evidence, paper presented at School of Accounting and Business Information Systems, College of Business and Economics, The Australian National University, 9 March 2007

Fleming D, Developing a National Indigenous Law and Justice Strategy, Indigenous Preliminary Conference, Aboriginal Institute of Aboriginal and Torres Strait Islander Studies, Canberra, 13 September 2006

Fleming D, Some reflections on 30 years of a National Legal Aid Scheme, paper presented to the National Access to Justice and Pro Bono Conference 2006, 11-12 August 2006, Melbourne

Fleming D, Charting Better Justice For Indigenous Australians, paper presented at European Conference of the Working Group for Comparative Study of Legal Professions, Peyresq, 28 June-1 July 2006

Fleming D, Daly A & Lewis P, Firms Existing Legal Aid Work: New Evidence from the Workplace Legal Services Commission Research Centre International Conference, Queens University, Belfast, 19-21 April 2006

Lewis P, Daly A & Fleming D, Three Degrees of Separation: The Rate of Return to Business, Economics and Law Degrees, 4th Global Conference on Business & Economics, June 26-28 2004 Oxford University, Oxford

Fleming D, Mixed Model Without the Legal Profession?: Exploring the Australian evidence of changes in private lawyer participation in legal aid, paper presented to Fifth International Legal Aid Group Conference, Harvard Law School, June 2003

Fleming D, Access to Justice Roundtable, National Association of Community Legal Centres Conference, Hobart, Tasmania, September 2003

Fleming D, The National Legal Aid survey: a snapshot of solicitors, family law and legal aid, Socio-Legal Studies Association Annual Conference, University of Wales (Aberystwyth), April 2002

Fleming D & Regan F, Re-Visiting The Life And Times Of The Australian Legal Aid Office 1973-75, Monash University National Centre for Key Australian Studies Thirty Years Later: The Whitlam Government as Modernist Politics Conference 2-3 December 2002, Old Parliament House, Canberra

Daly A, Fleming D & Lewis P, The Labour Market for Legal Professionals, Australian Labour Market Workshop, Brisbane, December 2002

Fleming D and Paterson A, ILAG 2001 The Challenge of the New Century Papers presented at the ILAG conference, Melbourne, Australia, 13-16th June 2001 (see URL: http://www.ilagnet.org/conference/ilag2001.htm)

Fleming D, Revisiting Renner in the Quest to Better Understand the New Politics of Law in Market Capitalism, paper presented at Classical Sociology of Law session, Joint Annual Meeting of the Law & Society Association and the Research Committee on Sociology of Law, International Sociological Association, Budapest, 4-7 July 2001

Fleming D, Legal Pluralism, Renner and Understanding the New Politics of Law in Market Capitalism, paper presented to Conference on Law and Social Theory, 14-15 December 2000, Centre for Socio-Legal Studies, Wolfson College, Oxford

Fleming D & Regan F, Evatts Bastard Child: Piecing Together the Story of the Legal Service Bureaux 1941-51, Australian Law Teachers Association Conference, 3-5 July 2000, Canberra

Fleming D, Re-imagining administrative law, paper presented at Staff Seminar, University of Canberra, 2 December 1999

Fleming D, Reconsidering the Theory Behind Legal Aid, paper presented to Legal Aid in a Changing World, conference organised by The Faculty of Laws, University College, London & Legal Aid Board (England & Wales) Research Unit, London, 4-5 November 1999

Fleming D, Legal aid policy under the first Howard government, paper presented to Third International Legal Aid Group Conference, University of British Columbia, Vancouver, 16-19 June 1999

Fleming, D., Legal aid and public policy: some initial observations, in Social Policy in Australia: What Future for the Welfare State?, Vol 5: Community Services: Policy and Practice, (Social Welfare Research Centre, University of New South Wales, Reports and Proceedings No 79)

Fleming D, The Post-War Experience of Legal Aid Revisited, paper presented to the Biennial Meeting of the Working Group on Comparative Legal Professions, ISA Research Committee on the Sociology of Law, Onati, Spain, 13-15 July 1998

Fleming D, Legally-aided multiparty actions in Australia 1993-96: The report of an initial survey, its processes and outcomes, paper to the International Legal Aid Conference, Edinburgh, Scotland, June 18-21 1997

Fleming D, Strategies to take the School of Law into the 21st Century, paper presented at Staff Seminar 1997

Fleming D, Beyond the law frontier: The meaning and significance of the access to justice phenomenon in contemporary Australian society paper presented at the Fourth European Conference on Legal Professions, Peyresq, France, 17-19 July 1996

Fleming D, The social significance of the phenomenon of legal aid in the Australian welfare state paper presented at the Joint Meeting of the Law and Society Association and the Research Committee on Sociology of Law, Glasgow, Scotland, 10-13 July 1996

Fleming D, The State of Community Legal Services in Australia Legal Action Group Symposium, Law Centres: What Future? An International Discussion, Institute of Advanced Legal Studies, Russell Square, London, 12 April 1994

Fleming D, The mixed model of legal aid in Australia in Proceedings of the International Conference on Legal Aid, 13-16 April 1994, The Hague/Amsterdam, (Ministry of Justice, The Netherlands 1995)

Fleming D, Educating Lawyers Professionally at the University of Canberra, paper presented at Staff Seminar, 1993

D Fleming, Legal Aid, Salaried Lawyers and Statistics, paper presented at International Sociological Association, Research Committee on the Sociology of Law, "European Conference on Legal Professions", Aix-en-Provence, 16-19 June 1992