Law Report

Vicarious liability and the Catholic Church; Driving with medicinal cannabis Nov 19, 2024

The High Court has found that it is not possible to find the Catholic Church 'vicariously liable' for the actions of molesting priests because they are not legally speaking employees. And Victorian drivers with medicinal cannabis in their system will no longer automatically lose their licence.

Could re-election end Trump's legal woes? And compensating invasions of privacy Nov 12, 2024

What does Donald Trump's election victory mean for his legal problems? And the case of a daughter who sued her father for sharing their private conversations.

The dilemmas of parole board decision making Nov 05, 2024

What's it like to have the responsibility to decide if a serious violent offender should be released from prison and allowed back into the community?

Unfair dismissal: From medical marijuana to outsourced workers Oct 29, 2024

Two unfair dismissal cases highlight a changing workplace. A Philippines based legal assistant has just won the right to bring an unfair dismissal case against her former employer. And the case of the stevedore with a medicinal cannabis prescription.

Justice Kyrou on the new Administrative Review Tribunal Oct 22, 2024

In his first media interview, Administrative Review Tribunal President Justice Emilios Kyrou outlines some of his new powers. They include the ability to order the publication of low level, routine decisions, which may reveal systemic bureaucratic failures such as the Robodebt disaster.

AI and the law Oct 15, 2024

How should the law respond to the risks and benefits of Artificial Intelligence?

When can tenants challenge evictions? Oct 08, 2024

How do tenancy tribunals balance the competing needs of tenants and landlords? And why is Victoria - from a tenants' perspective - ahead of the pack?

Corporations and free speech Oct 01, 2024

To what extent should employers be able to restrict employees from expressing their views and opinions in public?

What's behind Mexico's plan to elect judges? Sep 24, 2024

Mexico is set to become the first country in the world to allow voters to elect every one of its 7,000 judges.

Protecting the integrity of the jury system Sep 17, 2024

What happens when serious juror misconduct jeopardises a trial? And how can jurors be protected from outside pressures?

New 'justice visa' for exploited migrant workers Sep 10, 2024

A new 'world-first', 12-month visa allows migrant workers to stay in Australia while they pursue unpaid wages or compensation for other forms of workplace exploitation.

Investigating war crimes in the Israel-Gaza conflict Sep 03, 2024

Nearly one year into the Israel-Gaza war, how can the International Criminal Court move forward with its investigation into the conflict?

Should the Attorney-General have power to block prosecutions of war crimes and crimes against humanity? Aug 27, 2024

Allegations of atrocity crimes cannot be prosecuted in Australian courts without consent from the Government's top legal officer, who also has the power to block prosecutions.

Women in Law Aug 20, 2024

Join playwright Suzie Miller (Prima Facie) for an insightful conversation about women working in the law.

Is there a role for restorative justice in sexual assault cases? Aug 13, 2024

Playwright Suzie Miller (Prima Facie) explores a pilot program in New York that brings together survivors and perpetrators to address the impacts of harm from sexual assault.

Reforming sexual assault law in Australia Aug 06, 2024

Playwright Suzie Miller (Prima Facie) speaks with those at the forefront of change in sexual assault law in Australia.

Combatting illegal trade in human organs Jul 30, 2024

International prosecutions have focused concern on the 'hidden crime' of commercial trade in human organs. So, what is the best way to respond to organ trafficking and 'organ transplant tourism'?

Solving Britain's prison crisis; kids who don't repay the 'bank of mum and dad' Jul 23, 2024

Prisoners are being released early in a bid to tackle overcrowding in Britain's jails. And, buying property with help from the 'bank of mum and dad' is becoming increasingly common, so what can go wrong if the loan terms aren't clearly spelt out?

How does a judge know if an offender is truly sorry? Jul 16, 2024

When calculating a sentence, a judge weighs up many considerations, including remorse. But is it really possible to determine if an offender is genuinely sorry?

Children and medical consent Jul 09, 2024

In a dispute over the medical treatment of a gravely sick child, who gets the ultimate say? Three recent court rulings in New South Wales deal with this profoundly difficult issue.

A deep dive into diplomatic immunity Jul 02, 2024

The case of the careless driver with diplomatic immunity who soured Britain's relationship with the US. And the former high commissioner in Canberra who was held accountable for exploiting a domestic worker.

Should foreign judges sit on Hong Kong's highest court? Anti-discrimination laws in religious schools Jun 25, 2024

Two English judges have resigned from Hong Kong's Court of Final Appeal. Should four Australian judges stay or go?

The Australian Law Reform Commission has made a set of recommendations on how anti-discrimination laws should operate in religious schools.

How stressful is it to be a judge or magistrate? Jun 18, 2024

New research examines the impact of heavy workloads on the well-being of judicial officers and the quality of justice delivered.

Protecting First Nations sacred sites: are Australian laws fit for the task? Jun 11, 2024

Traditional owners have welcomed an announcement by Parks Australia that it would plead guilty to damaging a sacred site at Gunlom Falls in Kakadu National park. The move follows a landmark High Court decision which found that statutory bodies can be held criminally liable for damaging cultural sites.

BAD NEIGHBOURS S2 E5 | Fences Jun 06, 2024

Bad fences make bad neighbours! The Law Report explores your rights and responsibilities when it comes to fences and boundaries.

Trump's legal woes; Bad Neighbours: fences Jun 04, 2024

What are Donald Trump's legal options after the former US president was found guilty of falsifying business records in the 'hush money' trial?

BAD NEIGHBOURS S2 E4 | Cars and apartments May 30, 2024

From abandoned cars to electric vehicle charging, the Law Report shifts gears on your rights and responsibilities when it comes to cars in strata blocks.

Can X be held liable for publishing hate speech in Australia? Bad Neighbours: cars & apartments May 28, 2024

In a legal first, a Queensland tribunal finds the social media platform formerly known as Twitter can be held liable for hate speech published on the site. Can a victim of road rage claim workers compensation? And the Law Report drives around the frustrations of cars in apartment blocks.

BAD NEIGHBOURS S2 E3 | Surveillance cameras May 23, 2024

Do you ever feel like you're being watched? The Law Report zooms in on curious neighbours and talks to experts about your rights and responsibilities when it comes to residential surveillance cameras.

UK court ruling paves way for new Assange appeal against extradition; Bad Neighbours: surveillance cameras May 21, 2024

Britain's High Court has ruled that WikiLeaks founder Julian Assange can bring a new appeal against extradition to the US on espionage charges. Also in the program, a legal decision that could be a game changer for hundreds of Australians who developed lung cancer after being exposed to asbestos.

BAD NEIGHBOURS S2 E2 | Water May 16, 2024

The Law Report follows the flow of cases that create waves between neighbours and talks to experts about your rights and responsibilities when it comes to water.

War crimes whistleblower David McBride sentenced; Bad Neighbours: water May 14, 2024

Former military lawyer David McBride has been sentenced to five years and eight months in prison for leaking classified documents that exposed allegations of Australian war crimes in Afghanistan.

BAD NEIGHBOURS S2 E1 | Smells May 09, 2024

Everybody needs good neighbours, but what do you do if yours are big stinkers? In the first of our six-part series, The Law Report sniffs out the neighbourhood smells that have landed in court, so you know where you stand with the law and the pong next door.

The end of non-compete clauses? Bad Neighbours: smells May 07, 2024

Should an employer be able to restrict your future work options?When you are fighting with your neighbour over things like fences, cameras or cars, whose side is the law on?

Tikanga: incorporating Māori concepts in NZ common law Apr 30, 2024

Justice Joe Willams, the first Māori member of NZ's Supreme Court, speaks to Damien Carrick about how courts in his country are adopting First Nations concepts in the common law.

Jury selection in Trump's 'hush money' trial; monitoring dangerous offenders after release from prison Apr 23, 2024

Donald Trump's high profile criminal trial gets underway in New York. And meet the tough former prosecutor who became responsible for monitoring the reintegration of Victoria's most dangerous criminals.

Judge rules, on balance of probabilities, Lehrmann raped Higgins Apr 16, 2024

In a high-profile defamation case, justice Michael Lee found that former political staffer Bruce Lehrmann, on the balance of probabilities, raped his then colleague Brittany Higgins inside Parliament House in 2019.

Do Queensland's criminal defence laws need to be reformed? Apr 09, 2024

If someone is charged with a violent crime like murder or assault, what defences can they argue? That depends on what part of Australia you live in.The Queensland Law Reform Commission is conducting a review of the criminal defences which operate in that state – some of them very controversial. Warning: this episode contains descriptions of violence, including murder, assault and domestic violence.

Two hundred years of the NSW Supreme Court Apr 02, 2024

Next month, the Supreme Court of New South Wales marks its 200th birthday. A new book, Constant Guardian: Changing Times, tells the history of the court. In his first extensive interview since his appointment in 2022, NSW Chief Justice Andrew Bell tells Damien Carrick about some of the significant trials discussed in the book.

Movements in work safety: Victoria's first industrial manslaughter prosecutions and feedback on OH&S laws Mar 26, 2024

The Law Report makes the law accessible.

Protecting IP rights: a guide for divorcees and inventors Mar 19, 2024

Dividing up intellectual property rights in a divorce settlement. And the case of a mining equipment company that legally can't stop competitors from copying its invention.

"Trapped in silence": The campaign to end NDA misuse Mar 12, 2024

The global campaign to end the misuse of non-disclosure agreements. And record damages awarded in a sexual harassment case make it clear courts won't tolerate employers who intimidate complainants.

Non-disclosure agreements in sexual harassment cases Mar 05, 2024

How are non-disclosure agreements used in the settlement of sexual harassment claims? Damien Carrick speaks to the co-authors of a new study, "Let's talk about confidentiality".

Do we have healthy industry competition in Australia? Feb 27, 2024

Do we have healthy industry competition in Australia? Do we have the right regulatory framework? Damien Carrick speaks to the chairwoman of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb.

Julian Assange: Will Britain's High Court approve new appeal against US extradition? Feb 20, 2024

Lawyers for Julian Assange will appear in Britain's High Court this week in what could be the final attempt to stop the WikiLeaks founder from being extradited to the United States, where he faces espionage charges.

Mother of US school shooter found guilty of manslaughter; the death penalty in China Feb 13, 2024

Should a parent be held legally responsible for the crimes of their child? And Australian writer and academic Yang Hengjun is given a suspended death sentence in China after being found guilty of espionage.

Derek Bromley to make new parole bid 40 years after murder conviction Feb 06, 2024

After 40 years in jail — a new attempt to secure parole for the man said to be Australia's longest-serving Indigenous prisoner. Warning: this episode mentions Indigenous people who have died.

ICJ issues interim measures in Israel genocide case; UK faces legal challenge over Northern Ireland amnesty law Jan 30, 2024

The Law Report makes the law accessible.

South Africa's genocide case against Israel at the ICJ Jan 23, 2024

The International Court of Justice has held the first public hearings in South Africa's genocide case against Israel. And there's concern over the New Zealand government plan to wind back the principles of the country's founding document, the Treaty of Waitangi.

High tech solutions to age-old crime of livestock theft Jan 16, 2024

'Facial recognition for cows', GPS animal tags and DNA testing represent some of the technology being developed to help investigate and solve livestock theft and other farm-related crimes. This episode first aired in February 2023.

Justice, but not in my language: Aboriginal interpreter shortage in NT courts Jan 09, 2024

Lawyers in the Northern Territory say the shortage of Indigenous interpreters has become so critical that it's significantly contributing to the over-representation of First Nations people in the criminal justice system. This is the first in a two-part special investigation into the impact of interpreter shortages in Australian courts. This episode first aired in July 2023.

Could sending an emoji land you in legal trouble? Jan 02, 2024

Think twice before you fire off that lighthearted emoji – there could be serious legal consequences. This episode first aired in August 2023.

Singing to the Sea Dec 26, 2023

One year has passed since the Federal Court confirmed native title over more than 40,000 square kilometres of sea country in the Torres Strait region. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial evidence in the proceedings. Damien Carrick travelled to Waibene, or Thursday Island, to attend the outdoor sitting and to speak with Traditional Owners. This episode first aired in December 2022.

'Sovereign citizens' in the courts Dec 19, 2023

We've all heard of 'sovereign citizens', a term referring to people who don't believe the law applies to them. But how much do we know about this group and its impact on the courts? This episode first aired in May 2023.

Avoiding the legal risks of office Christmas parties Dec 12, 2023

After a long Covid hiatus the office Christmas party is back with a vengeance. We all want to enjoy ourselves, but also have to be mindful of the risks.

Grant Donaldson SC on balancing open justice and national security Dec 05, 2023

The outgoing Independent National Security Legislation Monitor's final report recommends an overhaul of legislation that Grant Donaldson says can be 'unnecessary and oppressive'.

Battle of the burger chains; hundreds sentenced in Italy mafia trial Nov 28, 2023

Hungry Jacks has won a legal fight against McDonalds over the use of its Big Jack and Mega Jack trademarks. And a court in Italy has handed prison sentences to more than 200 people over their links to the ‘Ndrangheta crime group.

Jurors who do their own research; prosecuting violence in sport Nov 21, 2023

If a juror does their own research in a trial, does that mean that any guilty verdict reached by the jury is dangerous and should be quashed? And a look at when violence in sport crosses the line and becomes a criminal law matter.

Why did the High Court rule indefinite immigration detention unlawful? Nov 14, 2023

In an historic decision, the High Court has ruled that indefinite immigration detention is unlawful. And could convicted terrorist Abdul Nacer Benbrika be released following a successful appeal against a conviction that saw him stripped of Australian citizenship.

Naming sexual assault suspects in the media; surveillance in the workplace Nov 07, 2023

When should the identity of an accused facing sexual assault charges be named in the media? And how closely can your employer monitor you?

Judicial capacity building in the Pacific Oct 31, 2023

What are the unique challenges facing justice systems in the Pacific region?

Chief Justice Susan Kiefel speaks to the Law Report Oct 24, 2023

In a wide-ranging interview, the outgoing High Court Chief Justice Susan Kiefel speaks to Damien Carrick about her unlikely journey to the top judicial job, women in the law, and her support for joint judgments.

Voice referendum aftermath; Queensland introduces legislation to criminalise coercive control Oct 17, 2023

What can Australia learn from the outcome of the Voice referendum? And Queensland's government has introduced legislation to make coercive control a standalone criminal offence.

Constitutional implications of Indigenous Voice proposal; could pill testing save lives? Oct 10, 2023

In the lead-up to the referendum vote, the Law Report discusses the constitutional implications of the proposal for an Indigenous Voice to parliament. Also in the program, could pill testing of illicit drugs save lives?

Disability royal commission delivers findings; 'Fake nurse' jailed in Australian legal first Oct 03, 2023

What recommendations does the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability make in its final report to the federal government? And, in a legal first, a South Australian woman has been sent to jail for impersonating a registered health practitioner.

Victorian nurse becomes first voluntary assisted dying patient to donate organs Sep 26, 2023

For the first time in Australia, a patient who chose to undergo voluntary assisted dying has donated their organs for transplant. So, how did the strict legal and regulatory frameworks governing the processes in Victoria interact in this case?

'Voices' to parliament in Scandinavia Sep 19, 2023

The Law Report makes the law accessible.

The Voice and how Indigenous knowledge can help close the gap Sep 12, 2023

A Voice to parliament could see Indigenous knowledge and holistic approaches used to help close the gap. We hear from Indigenous leaders with different views.

Judge liable for wrongful imprisonment and a Palawa lawyer's case for No Sep 05, 2023

Can you sue your Judge? "Mr Stradford", a father of two, has been awarded $300,000 in damages in recognition of the significant distress he experienced after he was wrongfully jailed by Federal Circuit Court Judge Salvatore Vasta.

New legal service for whistleblowers and Australia’s worst case of malicious prosecution Aug 29, 2023

If you knew that something illegal, dangerous, negligent or corrupt was happening in your workplace – what would you do? Who would you turn to for advice?

A new report from the Human Rights Law Centre has found that there has not been a successful case brought by a whistleblower under the federal laws designed to protect employees speaking out about wrongdoing. They’ve now launched a new legal service to give whistleblowers the support they need to navigate these laws.

This week, we also look at the case of Bill Spedding, who will receive $1.8 million in damages for malicious prosecution. In dismissing an appeal by the State of NSW, three judges of the Supreme Court described what happened to the tradesman as the worst case of false and concocted allegations by police – they had ever seen.

ACT leads the way in assisting vulnerable people in court Aug 22, 2023

In recent years, a number of jurisdictions around Australia have introduced Vulnerable Witness Intermediary Services. These services assist complainants such as children and those with intellectual and cognitive disabilities to give evidence in court or answer questions in police interviews.

While this service in Australia is currently only offered to complainants, the ACT will follow in the steps of Northern Ireland and extend its Vulnerable Witness Intermediary Service to defendants.

Community conversations on the Voice referendum; the Sofronoff inquiry leak Aug 15, 2023

Can grass roots community meetings help build support for the Indigenous Voice referendum in Far North Queensland? And the ACT government is considering charges over the unauthorised release of the inquiry report into the Lehrmann sexual assault prosecution.

Could sending an emoji land you in legal trouble? Aug 08, 2023

Think twice before you fire off that lighthearted emoji – there could be serious legal consequences.

02/ Justice, but not in my language Aug 01, 2023

Hundreds of thousands of Australian residents, a figure now approaching one million, don't speak English well, or at all. The growing demand for interpreters and the shortfall in those who are suitably qualified to work in the legal sector is putting severe pressure on Australia's busiest courts.

01/ Justice, but not in my language Jul 25, 2023

Lawyers in the Northern Territory say the shortage in Indigenous interpreters has become so critical that it's contributing to the vast over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system.

Singing to the sea Jul 18, 2023

This episode revisits the historic Federal Court decision to confirm native title over more than 40,000 square kilometres of sea country in the Torres Strait region last year. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial evidence in the proceedings. Damien Carrick travelled to Waibene, or Thursday Island, to attend the outdoor sitting and to speak with traditional owners. (This program first aired in December 2022)

'Tsunami of suffering': Robodebt royal commission findings explained Jul 11, 2023

The Robodebt royal commission has made damning findings about government ministers and public servants who created and administered the automated debt recovery scheme from Centrelink recipients. And why is the technology company that created ChatGPT being sued in US courts?

National Anti-Corruption Commission begins investigations; juror misconceptions in sexual assault trials Jul 04, 2023

The National Anti-Corruption Commission commences operation this week. And a New Zealand researcher investigates how jurors respond to evidence in sexual violence cases. (Warning: the conversation discusses sexual violence and child abuse)

Kids' book points refugee mums to legal help Jun 27, 2023

When refugees arrive in Australia, they face huge challenges. So, how do they access the support they need? Perhaps counterintuitively, a newly launched children's book is designed to help refugees get legal assistance.

Does Australia need a Criminal Cases Review Commission? Jun 20, 2023

Why did it take the justice system 20 years to work out that Kathleen Folbigg was wrongly convicted over the deaths of her four infant children? Does Australia need a better way to investigate possible miscarriages of justice?

US lawyer faces sanctions over ChatGPT use; what family courts can do for Indigenous Australians Jun 13, 2023

A New York Judge is considering what sanctions to impose on a lawyer who spectacularly misused ChatGPT. And Australia's only Indigenous federal judge Matthew Myers wants more First Nations people to use the family law courts to get the best outcome for their children.

Ben Roberts Smith loses defamation case, Kathleen Folbigg released from prison Jun 06, 2023

A judge has thrown out the defamation action brought by Ben Roberts Smith one of Australia’s most decorated soldiers against three newspapers. The judge was satisfied, to the civil standard of the balance of probabilities, that allegations Mr Roberts-Smith was involved or complicit in unlawful killings in Afghanistan were substantially true.

Also, convicted serial killer Kathleen Folbigg has been pardoned and released from jail after 20 years behind bars. New scientific knowledge around the cause of death of her four children was crucial in creating reasonable doubt in her 3 murder and one manslaughter convictions.

PwC tax leaks scandal; overcoming obstacles for deaf & blind jurors May 30, 2023

The deepening crisis engulfing accounting giant PwC – is this a case of a few bad apples or is there a deeper structural problem? And the Victorian Law Reform Commission is proposing legislative changes to enable deaf and blind people to serve on juries.

How does a judge know if an offender is truly sorry? May 23, 2023

When calculating a sentence, a judge weighs up many considerations, including remorse. But is it really possible to determine if an offender is genuinely sorry?

'Green transition', mining & Indigenous rights May 16, 2023

In the race to decarbonise the economy, is there a risk of undermining the rights of Indigenous people? Mining companies Rio Tinto and BHP are proposing to develop north America’s largest copper mine on land considered sacred to the local Apache people.

Compensation for sporting injuries; changes to Centrelink relationship assessments May 09, 2023

Can the organisers of a sporting event be held liable for a participant's injuries? And new rules allow Centrelink staff to consider evidence of domestic abuse when assessing a person's relationship status to determine if they're eligible for income support payments.

'Sovereign citizens' in the courts May 02, 2023

We've all heard of 'sovereign citizens', a term referring to people who don't believe the law applies to them. But how much do we know about this group and its impact on the courts?

Murdoch, Dominion & Crikey; the secret trial of 'Witness J' Apr 25, 2023

Is there a connection between the Fox News defamation settlement with US voting technology company Dominion and Lachlan Murdoch's withdrawal of legal action against the publisher of Crikey? And what do the sentencing remarks reveal about the secret trial of 'Witness J'?

Court ruling raises questions about NSW Covid fines; What is the 'dark fleet'? Apr 18, 2023

What happens to tens of thousands of COVID-related fines in NSW after a Supreme Court ruling raised questions about their validity? How dangerous are the ageing oil tankers that help Russia dodge sanctions?

ACT law to ban non-urgent surgery for intersex children; cryptocurrency in crime Apr 11, 2023

The ACT Legislative Assembly is considering a draft law to protect intersex children from undergoing deferrable and non-urgent medical treatments. And is the use of cryptocurrency really the marker of a sophisticated legal mind? A warning that this episode contains descriptions of surgical procedures.

WA bikies convicted for displaying club tattoos Apr 04, 2023

In a legal first, a court in Western Australia has convicted three members of an outlaw motorcycle gang for displaying their club tattoos in public.

Indigenous Voice: Justice Kenneth Hayne speaks to the Law Report Mar 28, 2023

Former High Court judge Kenneth Hayne, a member of the Constitutional Expert Panel, speaks to the Law Report about the Federal Government's proposed referendum, and constitutional amendments, to create an Indigenous Voice to Parliament.

SAS Veteran charged with war crimes: protestor prison sentence quashed: Botox alternative in High Court Mar 21, 2023

An SAS veteran has been charged with the war-crime of murder under Australian law. A NSW judge has quashed the prison sentence of a protestor, and a cosmetic company selling a Botox alternative wins in the High Court.

High Court overturns marijuana house murder convictions; tax help for prisoners Mar 14, 2023

The High Court has overturned the murder convictions of four men found guilty of killing a man in an Adelaide cannabis grow house. And, if a prisoner has a tax-related question, who can they turn to?

Duggan faces 'unusual' extradition charges; Australian regulators target corporate 'greenwashing' Mar 07, 2023

Lawyers for former US marine Daniel Duggan have lodged a complaint to the UN Human Rights Committee citing 'degrading' detention conditions as his extradition case is set to return to court.

US ruling to ban caste discrimination; UN expert warns against gay conversion practices Feb 28, 2023

The US city of Seattle has banned caste-based discrimination and there are calls for Australia to legislate similar protections. And, the UN independent expert on sexual orientation and gender identity, Victor Madrigal Borloz, is in Sydney to address the WorldPride Human Rights Conference.

High tech solutions to age-old crime of livestock theft Feb 21, 2023

'Facial recognition for cows', GPS animal tags and DNA testing represent some of the technology being developed to help investigate and solve livestock theft and other farm-related crimes.

Visa cancellations & deportation Feb 14, 2023

Could changes to visa cancellation policies under section 501 of the Migration Act signal a softening of Australia's stand on deportation on character grounds? Also, the sticky note at the centre of a legal challenge to deportation. And fugitive Darko Desic is allowed to stay in Australia.

Victoria commits to overhauling strict bail laws Feb 07, 2023

A Victorian coroner has described the treatment of an Indigenous woman in prison as inhumane and her death preventable. Arrested on the suspicion of minor shoplifting charges, the woman was denied bail.

As the Victorian Parliament resumes sitting, Premier Dan Andrews has committed to overhauling the state's strict bail laws.

With the permission of the family — we are using the name and the voice of a First Nations person who has died.

If the contents of this program cause any distress there is help at Lifeline on 13 11 14 and also 13yarn that's 13 92 76

Surprising Decisions About Legal Liability in Car Accidents Jan 31, 2023

If you are responsible for a motor vehicle accident, just how far does your legal liability extend? A court decision could upend the assumption that in an accident, the car behind is always at fault. And a controversial case involving drug use in a parked car may be heading to the High Court.

Why was the AAT abolished? The dangers of witnessing wills remotely Jan 24, 2023

The Federal Administrative Appeals Tribunal or AAT is to be axed, why and what will replace it?

Remote signing of Wills was introduced as a COVID emergency measure, but as a new decision shows, there can be traps.

Judicial review to examine 'Croatian six' convictions Jan 17, 2023

The New South Wales Supreme Court has ordered a judicial review in the convictions of the so-called 'Croatian Six'. Justice Robertson Wright said there are doubts and questions about the evidence used to convict the men in 1981. This episode first aired in September 2022.

Who should be held legally liable for accidents involving e-scooters? Jan 10, 2023

Electric scooters are becoming an increasingly popular form of transport, but there is a confusing mosaic of laws that regulate their use across Australia. So, when accidents happen – who should be held legally liable?

Can machines invent and animals create? Jan 03, 2023

Should patents be granted to Artificial Intelligence algorithms? Should machines have copyright over the art works they generate? What about animals? This episode first aired in June 2022.

Gender diversity on the bench Dec 27, 2022

In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making.

How Afghan women judges found safety in Australia Dec 20, 2022

In the first of a two-part series on women judges, the Law Report focuses on the experience of judge Shakila Abawi Shigarf, who was forced to flee Afghanistan when the Taliban retook power in August 2021.

Singing to the sea Dec 13, 2022

The Federal Court has confirmed native title over more than 40,000 square kilometres of sea country in the Torres Strait region. For the first time the claim brings together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes.

BAD NEIGHBOURS S1 E4 | overshadowing solar panels Dec 08, 2022

In the final part of a special for the Law Report we dig through recent cases with legal experts to find out what you can do when the neighbours want to build up and block the sunlight from hitting solar panels on your roof.

Data breaches and the Privacy Act; what are your rights when it comes to your home's access to sunlight? Dec 06, 2022

Medibank is the second high-profile company to be investigated by the Commonwealth privacy regulator over large-scale data breaches in recent months. Where does the government's legislative response fit within the broader review of the Privacy Act? And in the final part of a special for The Law Report, we dig through recent cases with legal experts to find out your right when the neighbour plans to build up and block the sunlight from hitting solar panels on your home.

BAD NEIGHBOURS S1 E3 | Pesky pets Dec 01, 2022

When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on?

In the third of a four-part special for the Law Report we dig through recent cases with legal experts to find out your rights when it comes to keeping pets in apartments.

Youth in detention; what are your rights when it comes to pets in apartments? Nov 29, 2022

Five years on, has the NT royal commission into youth detention achieved what it set out to do? Why do some children commit crime? Research reveals calls for more government support for Indigenous kinship carers in WA. Also, when you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the third part of a special for The Law Report, we dig through recent cases with legal experts to find out your rights when it comes to keeping pets in apartments.

BAD NEIGHBOURS S1 E2 | Troublesome trees Nov 24, 2022

When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on?

Big banks settle insurance class actions; what are your rights in neighbour disputes over trees? Nov 22, 2022

Hundreds of thousands of customers could be eligible to claim compensation after three of Australia's biggest banks – the Commonwealth Bank, ANZ and Westpac – settled class actions worth $126m over the sale of 'junk' insurance policies. Also, when you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the second of a four-part special for The Law Report, we dig through some recent cases with legal experts to find out who's in the right when a neighbour's tree is damaging your property.

BAD NEIGHBOURS S1 E1 | Noisy neighbours Nov 16, 2022

We dig through recent cases with legal experts to find out when it comes to noisy neighbours who are in the right.

NSW coronial reform; what are your rights when it comes to noisy neighbours? Nov 15, 2022

The New South Wales government has offered a lukewarm response to a parliamentary committee report that calls for an overhaul of the state's coronial system. And, when you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on?

Inside Thomas Embling Hospital, a forensic health facility Nov 08, 2022

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne's forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness. This episode first aired in March 2021.

'Juror misconduct' ends parliament rape trial; 'proper inquiry' in road accidents Nov 01, 2022

Why did the actions of one juror lead to a mistrial for Bruce Lehrmann? And the case of a Brisbane motorbike accident victim who failed to secure compensation because he couldn't identify the truck that caused the incident.

UN experts suspend detention visits; and the use of secret evidence in court Oct 25, 2022

The head of a team of United Nations torture experts speaks exclusively to the Law Report about the decision to suspend inspections of detention facilities in Australia. And, in a court or tribunal hearing, can one side use secret evidence that the other can't see?

UN calls for unlimited access for team inspecting detention facilities Oct 18, 2022

The UN is urging Australian governments to offer unlimited access to UN inspectors visiting prisons and other detention facilities around the country. And Justice Jayne Jagot has been sworn in as the newest member of the High Court and for the first time a majority of the sitting judges on Australia's highest court are women.

Lawyers 'pressure test' Indigenous voice proposal; how should judges be appointed? Oct 11, 2022

What do Australia's leading lawyers think about the Federal Government's plan to enshrine a First Nations' voice to parliament in the constitution? The country's top legal minds have been meeting to 'pressure test' the draft model. And how should judges be appointed?

Does the Government's proposed anti-corruption legislation go far enough? Oct 04, 2022

Does the Federal Government's draft legislation for a national anti-corruption commission go far enough? And retired UK Supreme Court judge Lord Jonathan Sumption speaks to the Law Report about Julian Assange's fight against extradition to the US, the arrests of protesters following Queen Elizabeth's death, judicial appointments, and Brexit.

Police body cameras in domestic violence incidents Sep 27, 2022

When police are called out to a domestic violence incident, do officers' body-worn video cameras always capture an accurate and complete record of what's taking place?

Fears states could expand use of 'post-sentence' detention after Garlett ruling Sep 20, 2022

The High Court has upheld the constitutional validity of West Australian legislation that allows prisoners to be held in indefinite detention if a judge finds they could be at risk of committing a serious offence. It's feared the verdict may open the door for other states to expand the use of 'post-sentence' detention laws.

The Queen's role in Australia's constitution Sep 13, 2022

A look at the legal and constitutional role of Britain's Queen Elizabeth II. And the Commonwealth Ombudsman Iain Anderson discusses the expected visit to Australia by the UN Subcommittee on Prevention of Torture.

Judicial review to examine 'Croatian Six' convictions Sep 06, 2022

The New South Wales Supreme Court has ordered a judicial review into the convictions of the so-called 'Croatian Six'. Justice Robertson Wright said there are doubts and questions about the evidence used to convict the men in 1981.

Chris Dawson trial: former teacher found guilty of wife's murder Aug 30, 2022

New South Wales Supreme Court Justice Ian Harrison has found former teacher Christopher Dawson guilty of murdering his wife Lynette, who disappeared in 1982. And calls for legislative change to help relieve Centrelink debt for people fleeing family and domestic violence.

Government releases legal advice on Morrison's secret ministerial appointments Aug 23, 2022

The Federal Government has released legal advice from the Solicitor General regarding the former prime minister Scott Morrison's move to secretly appoint himself to multiple ministries. And the High Court has ruled in favour of internet giant Google in a defamation case involving a Melbourne lawyer.

High Court rejects activists' challenge to NSW surveillance laws, and women bring prison stories to the stage Aug 16, 2022

Should activist groups be allowed to use secretly filmed footage to expose the treatment of animals at farms and abattoirs? And Somebody's Daughter theatre company returns to the stage with stories of women's lives in prison, co-written and performed by former inmates.

Life, death and the law Aug 09, 2022

When parents and doctors disagree, how do courts decide whether to withdraw life support from a hospitalised child? The creation of a federal judicial commission is among the recommendations of the Australian Law Reform Commission's report on judicial impartiality. The high-profile defamation litigation between billionaire politician Clive Palmer and WA premier Mark McGowan has ended in a draw.

Legal decisions and analytics Aug 02, 2022

Should researchers collect and publish statistics which reveal how judges and tribunal members decide refugee cases? Is this a way of understanding legal decision making or does it risk undermining confidence in the justice system?

Who should be held legally liable for accidents involving e-scooters? Jul 26, 2022

Electric scooters are becoming an increasingly popular form of transport, but there is a confusing mosaic of laws that regulate their use across Australia. So, when accidents happen – who should be held legally liable?

Queensland bans 'claim farming'; should media coverage affect sentencing decisions? Jul 19, 2022

Queensland has introduced laws to crack down on 'claim farming', a practice where members of the public are contacted and encouraged to make compensation claims. And a new study has found 'inconsistencies' in the way courts consider the possible impact of media coverage on sentencing decisions.

Vanuatu's push for international court action on climate change Jul 12, 2022

The small Pacific island nation of Vanuatu is behind a campaign to raise the issue of climate change before the International Court of Justice. And how should culturally sensitive historical photographs be handled? A leading US university is sued for allegedly causing emotional distress.

Victoria's Nazi swastika law prompts call for national ban Jul 05, 2022

An in-depth look at Victoria's law to ban the public display of the Nazi swastika amid calls for the Federal Government to legislate a national ban on the symbol. And the case of a West Australian man who spent more than a decade in prison for a crime he didn't commit has led to new legal avenues for appeal for others who may have been wrongfully convicted.

Attorney General Mark Dreyfus speaks to the Law Report Jun 28, 2022

Reforming the Public Interest Disclosure Act "is a significant matter because it is linked to the national anti-corruption commission that we hope to legislate this year," the federal Attorney General Mark Dreyfus has told the Law Report. In a wide-ranging interview, Mr Dreyfus outlines his legislative priorities, including reforming the Privacy Act, media freedoms, and a review of the Administrative Appeals Tribunal.

Can machines invent, and animals create? Jun 21, 2022

Should we grant patents to Artificial Intelligence algorithms? Should machines have copyright over the art works they generate? What about animals?

High Court curbs minister's citizenship powers, and landmark ruling on unpaid wages Jun 14, 2022

The High Court has ruled that a decision by the former Home Affairs Minister Karen Andrews to rescind the citizenship of an Australian man suspected of joining the Islamic State group was unconstitutional. And, for the first time, unpaid workers can pursue the director of a collapsed company in the small claims tribunal of the Federal Circuit and Family Court.

Judge v jury trials Jun 07, 2022

Why did actor Johnny Depp's defamation case against his former wife Amber Heard succeed in the US after failing at a similar trial in the UK? And a man ordered to face trial before a judge alone under the ACT’s pandemic emergency law says he was denied the right for his case to be heard by a jury. But does such a legal right exist in Australia?

Fiji environmental crime verdict 'sets precedent' May 31, 2022

Freesoul Real Estate has days to appeal a ground-breaking fine imposed by Fiji's High Court after the Chinese resort developer carried out unauthorised works on a remote island. And environmental law in the Pacific.

Radio on the inside May 24, 2022

The world's only nationwide in-house prison network broadcasts 24 hours a day and is produced by and for inmates.

When is a de facto relationship over? May 17, 2022

A High Court decision raises questions about how a de facto relationship is defined, and what happens when a person’s mental capacities decline with old age. And, if a person granted humanitarian protection by Australia commits a serious crime, can they be deported to a conflict zone?

Fears US Supreme Court will overturn Roe v Wade after draft opinion leaked May 10, 2022

The publication of a leaked draft opinion by conservative judge Samuel Alito has sparked fears the United States Supreme Court could overturn a landmark decision that enshrines abortion rights for women.

Russia accuses NATO of 'proxy war' in Ukraine, and juror misconduct May 03, 2022

Does NATO’s increasing military support for Ukraine amount to waging “a proxy war against Russia”? And the High Court has overturned a number of sex offence convictions of a tutor due to juror misconduct.

Employer liability for psychiatric injury Apr 26, 2022

When is an employer liable for psychiatric injury sustained in the workplace?

Why gender diversity on the bench is important Apr 19, 2022

In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making.

How Afghan women judges found safety in Australia Apr 12, 2022

In the first of a two-part series on women judges, the Law Report introduces judge Shakila Abawi Shigarf, who was forced to flee Afghanistan when the Taliban retook power in August 2021.

Cheng Lei awaits China trial verdict, and Vic court rules on wind farm noise Apr 05, 2022

The national security trial of Australian journalist Cheng Lei in China. And two Victorian farmers have won a legal battle over noise pollution against a neighbouring wind farm.

'Predatory lending', and supporting Indigenous people in NT watch houses Mar 29, 2022

The High Court has ruled that a lender engaged in 'unconscionable conduct' by approving an asset-based loan to an unemployed man. And a look at how the Northern Territory Custody Notification Service supports Indigenous people detained in watch houses.

Gathering evidence of possible war crimes in Ukraine Mar 22, 2022

A former war crimes judge and prosecutor explains the challenges of collecting evidence in a conflict zone. And the humanitarian crisis spreading beyond Ukraine's borders as Russian forces intensify their attacks.

The legal needs of flood victims, and Kumanjayi Walker murder trial aquittal Mar 15, 2022

Severe flooding in New South Wales and Queensland has created a range of tenancy and insurance issues for people in affected areas. And a view from inside the court where Northern Territory police officer Zachary Rolfe was acquitted of charges in the shooting death of Aboriginal man Kumanjayi Walker.

Ukraine: how clear are the laws of war? And women's rights to inherit land Mar 08, 2022

As the war in Ukraine escalates, what does international law say about humanitarian corridors, civilian combatants and prisoners of war? And why dozens of countries don't allow women the right to own and inherit land.

ICC to launch Ukraine war crimes probe, and NSW Chief Justice Tom Bathurst retires Mar 02, 2022

As the International Criminal Court announces plans to investigate possible war crimes in Ukraine, what help can the country expect from international law frameworks and rules-based systems? And a wide-ranging interview with the Chief Justice of the New South Wales Supreme Court, Tom Bathurst, who is retiring after more than a decade in office.

Sandy Hook settlement, and pets in family law disputes Feb 22, 2022

Could a US$73 million settlement for relatives of the 2012 Sandy Hook school massacre open the door for other lawsuits against US gun manufacturers? And who gets the furry babies when a couple divorces?

High Court rulings clarify contract worker status Feb 15, 2022

The High Court has delivered two judgments that help clarify the legal distinction between the status of a contract worker and a employee, with potential long-term implications across Australian workplaces. Also in the program, a neighbourhood dispute that grew 'out of all proportion' ends in the New South Wales Supreme Court.

Are Australia's political donation laws fit for purpose? Feb 08, 2022

The Australian Electoral Commission has revealed that 10 donors account for a quarter of donations made to the country's political parties in the 2020-21 financial year. According to the Commission, the source of one third of all political income remains undisclosed. What does the data reveal and what does it hide? And what does it say about the rules governing political donations?

When does misrepresenting professional experience become a criminal offence? Feb 01, 2022

When does inflating professional skills and experience cross a line to become a criminal offence?

Deporting Djokovic, and Catholic diocese found vicariously liable in historical child sex abuse case Jan 25, 2022

The Federal Government's move to deport Serbian tennis player Novak Djokovic from Australia has highlighted the scope of discretionary powers held by the immigration minister. And the Supreme Court of Victoria sets a legal precedent in what is believed to be the first ruling to find a Catholic diocese in Australia 'vicariously liable' for child sexual abuse committed by a priest decades ago.

Crime and justice in the Torres Strait, and Cape York’s Licensing Muster program Jan 18, 2022

According to a study which explores how the Torres Strait's unique culture, geography and colonial experience has shaped the current crime and justice landscape, property crime in the region is very low. And the innovative Licensing Muster Project is helping Indigenous people living at the top of Cape York obtain birth certificates which are required when applying for a drivers licence.

Inside Thomas Embling Hospital, a forensic health facility Jan 11, 2022

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne's Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

Court rules couples can conspire, and how brain implants might transform criminal law Jan 04, 2022

The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neurotechnologies.

How itchy underpants created Australia's consumer laws Dec 28, 2021

If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system.

As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930's involving a pair of woollen long johns.

'Squatters' rights', and UK health laws Dec 21, 2021

The Law Report revisits a New South Wales Supreme Court ruling against a retirement village developer that claimed ‘squatters' rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in Britain's health laws.

US trademark dispute threatens ugg boot business, and deportation fears for returned prison escapee Dec 14, 2021

A Sydney ugg boot maker says his 40-year-old business is at risk of bankruptcy following a trademark dispute in the United States courts. And can Australia deport a prison escapee, who surrendered after 30 years on the run, to a country that no longer exists?

Sue Neill-Fraser loses appeal against murder conviction Dec 07, 2021

Tasmanian woman Sue Neill-Fraser's latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?

Could AI help make the law more accessible for disabled people? Nov 30, 2021

Could ‘chatbots’, a form of artificial intelligence technology, help make the legal system more accessible for people living with disabilities?

'Body modification' on trial Nov 23, 2021

In a precedent-setting case, a New South Wales judge has found self-proclaimed extreme body modification artist Brendan Leigh Russell guilty of female genital mutilation, grievous bodily harm, and manslaughter. Is consent a valid legal defence when cosmetic 'body modification' procedures go wrong?

Adriana Rivas mounts new appeal against Chile extradition Nov 16, 2021

Should Sydney woman Adriana Rivas, who is accused of being a Pinochet-era intelligence agent, be extradited to Chile over alleged crimes against humanity? The full bench of the Federal Court is set to hear her latest appeal this week. And calls for Australia to investigate allegations of war crimes and crimes against humanity in communities with links to conflict zones.

Reforming NSW sexual consent laws Nov 09, 2021

What impact could proposed changes to New South Wales consent laws have in delivering justice to victims and survivors of sexual assault?

UK legal action over rugby league players’ brain injury, and deciding judicial recusals in Australian courts Nov 02, 2021

Australia’s football codes are closely monitoring a class action brought by former rugby league players in Britain who allege the sport’s governing body failed to protect them from the risks of brain damage. And are judges best placed to decide when to recuse themselves from a court case?

Assange extradition appeal, WikiLeaks and journalism Oct 26, 2021

Britain’s High Court is set to hear the United States government's appeal against a ruling blocking the extradition of Julian Assange on mental health grounds. And warnings that US attempts to prosecute the WikiLeaks founder for publishing classified government documents could have devastating implications for press freedom.

Climate science dismissal case sparks academic freedom debate, High Court quashes Palmer $30bn WA compensation challenge Oct 19, 2021

A long-running unfair dismissal case involving Queensland university professor Peter Ridd has sparked intense debate around questions of academic freedom.

Also in the program: the High Court has quashed a legal challenge by mining magnate-turned-politician Clive Palmer against laws designed to ban his company from suing the West Australian government for compensation over a disputed contract.

Judicial impartiality, and court disclosure obligations for electronic evidence Oct 12, 2021

Should judges have social contact with lawyers who appear before them in court? The Australian Law Reform Commission is conducting an inquiry into judicial impartiality. Also, is there an obligation on prosecutors to provide defence lawyers with all the raw data downloaded from a confiscated mobile phone?

'Squatters' rights', and UK health laws Oct 05, 2021

The New South Wales Supreme Court has ruled against a retirement village developer claiming ‘squatters' rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in UK health law: the legality of severe disability as a reason for late-term abortions and access to puberty-suppressing drugs for children diagnosed with gender dysphoria.

Regulating Covid-19 misinformation and social media influencers Sep 28, 2021

What do the federal politician Craig Kelly, anaesthetist Dr Paul Oosterhuis, celebrity chef Pete Evans and clothing brand Lorna Jane have in common? They have all been at loggerheads with various regulators over Covid-19 misinformation.

Britain’s offshore detention plans, and investigating human rights violations Sep 21, 2021

Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France. How to investigate human rights violations when on-the-ground access becomes impossible? And the dangers facing human rights investigators in Afghanistan.

Media impact of High Court defamation ruling, and NT youth bail laws Sep 14, 2021

How could the High Court media defamation ruling affect social media use? And are changes to Northern Territory youth bail laws fit for purpose?

How does Australia’s Covid-19 vaccine injury scheme compare to compensation programs abroad? Sep 07, 2021

The Commonwealth-funded No Fault Covid-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination.

Passenger injured in stolen car denied compensation and Covid-19 death ruled workplace injury Aug 31, 2021

Should compensation be denied to a passenger in a stolen vehicle who was seriously injured when it crashed? And a New South Wales Tribunal has ruled that a Covid-19 death can be classified as a work-related injury.

What future for Afghanistan after Taliban return? Aug 24, 2021

What will the Taliban's return to power in Afghanistan mean for women and human rights?

Victorian tenant evicted after COVID19 moratorium ends. Also, can you sue over negative online reviews? Aug 17, 2021

The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It's a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a negative online review?

Balancing individual and community rights in a pandemic Aug 10, 2021

As the COVID19 pandemic grips NSW, how do we balance the rights of an individual with those of the broader community? And the Victorian Ombudsman has released a report detailing human rights breaches, many dealing with ensuring compliance with COVID 19 public orders.

WA Parliament debates new child protection laws Aug 03, 2021

This week, the WA parliament is debating new child protection legislation. Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?

Covid19 vaccination litigation in the US and transporting jurors virtually to the scene of the crime Jul 27, 2021

In the USA there is a growing number of legal disputes involving employees, consumers and university students who are challenging mandatory vaccination requirements. And new research suggests that virtual reality headsets could help jurors reach fairer verdicts in complex criminal trials.

Proceeds of crime Jul 20, 2021

If you earn a million dollars from selling drugs and are convicted under proceeds of crime legislation, you don’t get to keep it. But what if that conviction is quashed years later? Some of the most notorious figures in the gangland era are heading back to courts to appeal their convictions following the Nicola Gobbo scandal. What happens to the 70 million dollars confiscated? Greg Muller asks, what are the laws around proceeds of crime and are they always fair?

Climate change litigation Jul 13, 2021

Climate change is increasingly being raised in courtrooms around the world. The latest was brought by eight Australian school students and a nun who argued that the government owed a duty of care to protect children from the harmful effects of climate change. As journalist Greg Muller reports, climate change is now seen as a legal and financial risk as well as an environmental one.

Bougainville independence talks underway. And are judges too lenient when sentencing sex offenders? Jul 06, 2021

Could we soon see the creation of a brand new country immediately to Australia's north? PNG's Prime Minister and the President of the Autonomous Bougainville Government are negotiating Bougainville's future.

Also, what are the most important factors that judges weigh up when sentencing sex offenders? And are judges out of touch with community expectations?

Overwhelming support for constitutionally enshrined indigenous voice Jun 29, 2021

The Uluru Statement from the Heart called for a constitutionally enshrined indigenous voice to parliament. In response, the federal government created a co-design process, which produced an interim report outlining what form this voice might take.

A new report has found that 90% of the 2500 submissions received following the interim report support constitutional enshrinement.

Witness K and the public interest Jun 22, 2021

Can revealing Australia’s security operations ever be in the public interest? A former spy, Witness K received a three-month suspended sentence for revealing the Australian government spied on the Timor Leste government during negotiations over oil and gas resources in the Timor Strait.

And, since the 1970s, over 300,000 refugees have settled in Canada under the country’s private sponsorship scheme. Could a similar scheme work in Australia?

Crime and Justice in the Torres Strait and Cape York’s Licensing Muster program Jun 15, 2021

Torres Strait's low crime rate, the Muster program

Vaccine passports and global snapshot of LGBTQI discrimination Jun 08, 2021

Some countries and states have introduced a Vaccine Passport, to allow more domestic and international movement and businesses to return. What are the technical and legal obstacles to a COVID-19 vaccine passport here in Australia?

And in this Pride Month, while the LGBTQI community has a lot to celebrate in Australia, in many countries they face ongoing legal discrimination, even the death penalty.

Porter v ABC and AGL v Greenpeace Jun 01, 2021

Former Attorney General Christian Porter has discontinued his defamation litigation against the ABC. And power company AGL is taking Greenpeace to court arguing breach of trademark and copyright. AGL says the activist group should not have used its trademark in a series of parody advertisements that highlights its CO2 emissions.

Victoria's Yoo-rrook Justice Commission and new research on Magistrate stress levels May 25, 2021

We speak to the Chair and one of other the four commissioners who will preside over Victoria's ground breaking Yoo-rrook or Justice Commission. And new research has found that local court magistrates are the state-based judicial officers who suffer most from work-related stress.

Improving the justice system for sexual assault survivors May 18, 2021

Many victim survivors of sexual assault say they found giving evidence at trial a harrowing and re-traumatising experience. The Victorian Law Reform Commission is currently conducting an inquiry into ways to improve the responses of the justice system to sexual offences.

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule [Updated audio] May 11, 2021

The Federal Court dismissed a challenge to the Morrison government's ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015.

And should professional sports people be able to continue playing when facing serious criminal charges?

Drug driving truckies and outraging public decency May 04, 2021

Mohinder Singh, the truck driver responsible for the deaths of four Victorian police officers has been sentenced to a non parole period of 18 years. Richard Pusey, who callously filmed the tragedy has also been sentenced to 10 months jail after pleading guilty to a number of offences including outraging public decency. And, why did the NSW Workers Commission award $500,000 to the family of a truck driver who was high on ice and died after crashing his rig into a home, injuring a sleeping pensioner?

Australia's whistle-blower protection laws. And is it time for a vaccine injury compensation scheme? Apr 27, 2021

Australia's whistle-blower laws will be in the spotlight when a long-running, high-profile prosecution involving former ATO officer Richard Boyle comes back before the courts. Also, if a vaccine causes an injury, many countries have a vaccine injury compensation scheme. Do we need one in Australia?

Court rules couples can conspire and how brain implants might transform criminal law Apr 20, 2021

The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neuro technologies.

The findings of two significant Coronial Inquests Apr 13, 2021

NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating the deaths of five young men who died in separate drug related incidents between July 2016 and January 2017.

Full decriminalisation of sex work on the cards in Victoria Apr 06, 2021

The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries.

*Note there are sexual references in this program

Christian Porter no longer Attorney General. And eminent scientists petition for release of convicted killer Kathleen Folbigg Mar 30, 2021

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying 'there are medical and scientific explanations for the death of each of Kathleen Folbigg's children'. A petition from ninety eminent scientists also called for her immediate release.

Inside Thomas Embling Hospital, a Forensic health facility Mar 23, 2021

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne's Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness.

Politicians suing for defamation and research on re-offending by forensic patients Mar 16, 2021

Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm.

Also, new research on who is most likely to commit a serious crime. A former prisoner or former forensic hospital patient?

Politicians suing for defamation and research on re-offending by forensic patients Mar 16, 2021

Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm.

Also, new research on who is most likely to commit a serious crime. A former prisoner or former forensic hospital patient?

Debate over independent inquiry into Christian Porter rape allegations Mar 09, 2021

Should there be an an independent inquiry into historic rape allegations against Attorney-General Christian Porter and if so, what should it look like?

Disability Royal Commissioner Ron Sackville. And legal win for Torres Strait native title holders Mar 02, 2021

Ron Sackville QC, AO, the chair of The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been hearing harrowing accounts of the experiences of people with cognitive disability in the criminal justice system.

In a legal first, the Kaurareg people of Muralug island obtained an injunction under the Native Title Act preventing future damage. As a result the Torres Shire Council has just abandoned plans to build a harbour on a sacred site

Adventure tourism accidents and legal liability Feb 23, 2021

If you go skydiving or hot air ballooning and tragedy strikes, who can you sue? The tour operator? In a unique unfolding case the Bureau of Meteorology is being sued.

Convicted terrorist to stay in jail on continuing detention order. And sacked climate change skeptic to get his day in High Court Feb 16, 2021

The High Court of Australia has upheld the Continuing Detention Order for convicted terrorist Abdul Nacer Benbrika. Even though his fifteen year sentence is over, he is deemed to pose an ongoing threat and he remains in detention. Also, the High Court has agreed to hear the case of sacked marine physicist Peter Ridd. He was terminated after being disciplined repeatedly by James Cook University over comments he made about the research of colleagues and associated entities. He is critical of science linking coral bleaching on the Great Barrier Reef. with climate change and polluted water.

Queensland's outlaw bikie exit scheme. And international divorce property dispute can be heard in Australia Feb 09, 2021

Queensland Police has launched an exit scheme to help outlaw motor cycle gang members break away from their clubs. It's the first venture of this kind in Australia.

And the High Court has ruled that issues around property division and maintenance can be heard in an Australian court, even when the divorce is overseas.

Can you be sacked if you refuse a COVID-19 vaccine? And is neglecting an overdosed friend a crime? Feb 02, 2021

Two recent unfair dismissal cases may provide some insight into whether employers can sack workers who refuse a COVID-19 vaccination.

Also, a recent decision in the NSW Court of Appeal upholds a manslaughter conviction involving a failure to help a friend who needed urgent medical help.

How itchy underpants created our consumer laws Jan 26, 2021

If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system.

As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930's involving a pair of woollen long johns.

Retired Magistrate David Heilpern critical of NSW drug driving laws Jan 19, 2021

In northern NSW, Lismore Local Court Magistrate David Heilpern has just retired at the age of 58. In a candid conversation about his working life, its challenges and stresses, he also outlines his misgivings about the NSW drug driving laws which played a big role in his decision to step down.

Family violence killing found to be a workplace death Jan 12, 2021

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation.

This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers?

If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732

Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

Former Facebook moderator sues social media giant for PTSD Jan 05, 2021

Social media can be useful connecting people and ideas but moderators are needed to keep disturbing and toxic material off the platforms. Chris Gray, a former Facebook moderator claims viewing such content in order to keep us safe, gave him PTSD. He's the lead plaintiff in an action against Facebook and CPL, the contracting company that employed him.

*And a warning this program discusses disturbing material*

Adolescents who turn homes into war zones Dec 29, 2020

One in ten incidents of family violence are committed by adolescents. Most of the violence is carried out by young males towards their mothers and involves verbal and physical abuse, coercive and controlling behaviours, financial abuse, stalking and property damage.

Are our legal and social responses adequate?

Australia’s legal response to WW1 and the 1919 Spanish Flu Dec 22, 2020

A timely reflection on the legal responses to two separate but intimately-linked tragedies. During war we saw restrictions on food prices, protests and the freedoms of German Australians. During the Spanish flu crisis we saw maritime quarantines, closed internal borders and spats between the states and feds. Sound familiar?

Call for regulation of debt repair or credit management companies Dec 15, 2020

New research finds that 8% of Australians have used the services of debt management or credit repair companies this year.

The Consumer Action Law Centre who commissioned the research are calling for UK-style consumer protections that require these businesses to act in the best interests of clients.

COVID-19 and jury trials Dec 08, 2020

Don a mask and join a tour of the County Court of Victoria with Chief Justice Peter Kidd. Find out how jury trials are being made COVID-19 safe. And while masks aren't mandatory in NSW criminal trials, there have been many changes including more judge-only trials.

Royal Commission into Lawyer X findings. And Family Court's Lighthouse Project new approach to family violence Dec 01, 2020

The Royal Commission into the Management of Police Informants concludes that the behaviour of both the Victoria Police and Nicola Gobbo, who led a double life of both barrister and informant, may affect over 1,000 court findings. Among the 111 recommendations is the appointment of a special investigator, as well as a suitably qualified person to investigate a further eleven people who were human sources with potential legal obligations of confidentiality or privilege. And, in a world first, the Family Court are launching The Lighthouse Project, a pilot scheme that links support services to families experiencing violence.

How well did ADF Legal Officers in Afghanistan perform their task? And the right to silence a focus in High Court decision Nov 24, 2020

Justice Brereton’s report into alleged war crimes by our special forces in Afghanistan is triggering a lot of discussion around failures in lines of accountability. It raises questions about on-the-ground Australian Defence Force lawyers, the very people who are meant to be experts in the Laws of War.

And the Right to Silence. The High Court of Australia quashes a conviction and orders a retrial because the trial judge made comments to the jury about the accused’s decision not to give evidence.

Recycled print cartridges don't infringe patents says High Court. Also, reforms to responsible lending laws Nov 17, 2020

The High Court of Australia rules that a company that buys used empty computer print cartridges, refills them with ink and sells them to consumers is not infringing the patents of the original manufacturer. Protecting Consumers vs Streamlining Access to Credit. With the aim of getting the economy moving and consumers spending, the government hopes to loosen 'responsible lending laws' contained in the National Consumer Credit Protection Act.

Trump disputes election loss in court, Australian challenges to COVID-19 restrictions and First Nations art from Victorian prisons Nov 10, 2020

Can Donald Trump challenge his election loss in the courts? Three challenges to COVID-19 restrictions thrown out by Australian courts. And a new exhibition Future Dreaming...visions of the future showcases art works from First Nations prisoners in Victoria.

NT police officer to stand trial for shooting death. And the COVID legal responses helping businesses from going under Nov 03, 2020

An Alice Springs local court judge has ruled that Constable Zachary Rolfe will face a murder trial for the death of 19 year old Yuendumu man, Kumanjayi Walker. In a separate development, a NSW coroner referred a death involving corrective services officers to prosecutors.

And with restrictions easing and some borders opening up, what are the legal and financial challenges ahead for business?

Landmark Victorian report on image based sexual abuse Oct 27, 2020

The Victorian Sentencing Advisory Council has released an in-depth study into how non-consensual recording or distribution of sexual images or videos offences are handled by Victorian courts.

It's the first report of its kind in Australia. What's surprising is the connection between prosecutions and domestic violence.

South Australia reduces sentencing discounts. Also, direct democracy in NZ and the US Oct 20, 2020

All around Australia if an accused pleads guilty to a criminal offence, they become eligible for a reduction in prison time. But just how big an incentive should we give an accused if it’s a serious crime? The South Australian parliament has passed legislation reducing the maximum possible prison discount from 40% down to 25%. And during NZ's national election, our Kiwi cousins voted on two referendum questions. One was a private members bill which was literally pulled out of the NZ Democracy Biscuit Tin. Meanwhile in upcoming presidential election US citizens will also vote on a staggering number of state-based ballot propositions. In Colorado voters will be asked whether grey wolves should be re-introduced into the northern Rockies.

Appointing judges in the US and Australia and our consumer watchdog at work Oct 13, 2020

Over the next few months two justices of the High Court of Australia will retire. What is the process for choosing their replacements? How different will our process be from what’s taking place right now in the USA with the US Supreme Court vacancy?

Also, the Federal Court has just fined price comparison site iSelect $8.5 million after it admitted to misleading and deceptive conduct. This comes just few days after the court imposed a $7 million fine on ticket reseller Viagogo.

But these two wins, follow two courtroom losses for the ACCC, both involving products spruiking their green credentials, flushable toilet wipes and disposable picnic ware.

Elder abuse and COVID-19 Oct 06, 2020

There have been over 660 COVID-19 deaths in residential aged-care facilities.

The Royal Commission into Aged Care special report on COVID 19 has made a number of recommendations aimed at improving the safety and quality of life of residents.

The pandemic has also increased the vulnerabilities of elderly where-ever they live. Physical, financial and emotional abuse as well as neglect and chemical restraint have all made worse.

Claremont murder trial, judges and apprehended bias and Victorian children on remand who never receive a custodial sentence Sep 29, 2020

The Perth trial of Bradley Robert Edwards, found guilty of two of the three Claremont murders. How should we deal with judges who are biased or incompetent? And, a new Victorian report finds that two thirds of children who spend time on remand never receive a custodial sentence.

VALE Justice Ruth Bader Ginsberg. High Court of Australia rules that an off-duty soldier can face trial in military court Sep 22, 2020

Justice Ruth Bader Ginsberg’s death has ignited raw and intense political wrangling over how to fill her seat on the US Supreme Court. We reflect on her legacy and the political manoeuvering. And, in a case involving a soldier known only as Private R, the High Court of Australia has determined that a trial for ADF members can be held in the military justice system even when the alleged crime was not connected to military service.

Bill to ban mobile phones in immigration detention. And Supreme Court win for remote NT residents over poor housing Sep 15, 2020

The House of Representatives recently passed a bill which will strip mobile phones from people in immigration detention. Will the bill pass the Senate? What does this mean for asylum seekers?

And residents of the remote Northern Territory community of Santa Teresa have just won a big legal victory over NT Housing. One elderly representative litigant Enid, whose house didn’t have a back door for 6 years has just had her compensation increase from $100 to $10,000, a win that will have big implications for other communities.

Judicial inquiry into COVID-19 hotel quarantine in Victoria Sep 08, 2020

The vast majority of COVID-19 cases in Victoria’s second wave of the pandemic are traceable to breaches of hotel quarantine. What went so horribly wrong? A judicial inquiry is trying to find out.

So far, a lot of the evidence has focussed on how the roles and responsibilities of private security guards fitted with those of the police, government authorised officers, health providers and hotel staff.

Clive Palmer v WA, gag laws on sexual assault survivors in Victoria and considering personality disorders when sentencing Sep 01, 2020

How might Clive Palmer challenge WA legislation designed to thwart his legal action against the WA government? Also, in Victoria, sexual assault survivors now require a court order before they can speak publicly about their experience. Following protests the law is currently under 'urgent' review. And the Victorian Court of Appeal has just handed down a landmark decision involving 19 year old Daylia Brown. It allows sentencing judges to consider an offender’s personality disorder when calculating an appropriate prison term.

VP Candidate Kamala Harris, Australian police accountability and body cams Aug 25, 2020

What is Democratic Vice Presidential candidate Kamala Harris' record on law and justice issues? A review of the legal framework around Police Body Worn Video Cameras has just been released by the NSW Department of Communities and Justice. Who decides what gets recorded? And what factors are considered when a complaint is made against Victoria Police?

Tackling modern slavery Aug 18, 2020

In the battle to secure PPE to protect ourselves from COVID 19 are we turning a blind eye to forced labour? Is our federal Modern Slavery Act up to the task and why has the separate Modern Slavery legislation in NSW been put on ice? Also, the first criminal conviction for keeping slaves in New Zealand's modern history.

Singapore introduces COVID 19 electronic bracelets. And media freedom in Malaysia Aug 11, 2020

One in four Victorians supposed to be self-isolating for COVID 19 were found to be not at home. Starting today Singapore will allow some new arrivals to wear an electronic bracelet, instead of quarantining in a state-run facility. Could this be a more effective way to monitor those who should be staying at home?.

And in Kuala Lumpur, the offices of Al Jazeera were raided by police because the government objected to the Australian journalist's negative report on the treatment of undocumented foreign workers. It’s just the latest in a series of government responses to criticism that have many concerned for media freedom in Malaysia.

What is a 'state of disaster'? And Sole Practitioner loses sexual harassment appeal Aug 04, 2020

Victoria has just been declared a state of disaster. What powers does this confer? And the Full Federal Court has unanimously upheld an earlier decision of the Federal Circuit Court which awarded $170,000 in damages to Catherine Hill.

Ms Hill was a junior lawyer who was sexually harassed by her employer, Owen Hughes, a Sole Practitioner based in northern NSW.

Queensland parliament to vote on legalising Torres Strait Island childrearing practices Jul 28, 2020

Before the next Queensland election, state parliament will vote on The Torres Strait Islander Traditional Child Rearing Practice Bill. If passed, the legislation will officially recognise the adoption practices of Torres Strait Islanders.This ground breaking bill was introduced into the Queensland Parliament by the first Torres Strait Islander member of parliament, Cynthia Lui.

Family violence killing found to be a workplace death Jul 21, 2020

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation.

This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers?

If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732

Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

New security laws are designed to confuse, says former Hong Kong barrister. And, should the Bernard Collaery trial be held in secret? Jul 14, 2020

Hong Kong authorities warned voters choosing pro-democracy candidates in the primaries ahead of September elections that they could fall foul of new National Security legislation. A prominent former barrister says the new laws are designed to confuse.

And, the Bernard Collaery trial. How should Australia's court system balance open justice with keeping state secrets?

Melbourne public housing lockdown, and US online library sued for IP breaches Jul 07, 2020

A voice from the towers in the Melbourne lockdown, and major book publishers sue the online library, Internet Archive, for breach of copyright.

Covid-19 and family law Jun 30, 2020

The Covid-19 crisis has transformed our family law courts. In response to a surge in disputes over parenting plans, the Family Law Courts created a Covid-19 List to hear urgent cases using Microsoft Teams. And this is not an isolated example, right now most hearings are taking place in a virtual space rather than in a bricks and mortar courtroom. So will these new virtual courts stay with us in a post-pandemic future?

And if you're in an abusive situation, or know someone who is, call 1-800 RESPECT. That's 1-800 737 732. If it's an emergency, call 000.

Sexual harassment findings against retired High Court judge. Melbourne lawyer sentenced to jail for theft Jun 23, 2020

An independent investigation commissioned by the High Court found that six former staff members were sexually harassed by the former judge Dyson Heydon. A suburban lawyer has been sentenced to jail for stealing from his clients, including taking money from trust accounts. What is the best way to regulate lawyers?

Sexual harassment findings against retired High Court judge. Melbourne lawyer sentenced to jail for theft Jun 23, 2020

An independent investigation commissioned by the High Court found that six former staff members were sexually harassed by the former judge Dyson Heydon. A suburban lawyer has been sentenced to jail for stealing from his clients, including taking money from trust accounts. What is the best way to regulate lawyers?

Retired Magistrate David Heilpern critical of NSW drug driving laws Jun 16, 2020

In northern NSW, Lismore Local Court Magistrate David Heilpern has just retired at the age of 58. In a candid conversation about his working life, its challenges and stresses, he also outlines his misgivings about the NSW drug driving laws which played a big role in his decision to step down.

George Floyd killer charged with 2nd degree murder. Australian Black Lives Matter protests. And the case of the Hitler meme. Jun 09, 2020

As Derek Chauvin appears in court charged with 2nd degree murder, jurisdictions across the US are looking at how to change police culture. In Australia, what can be done immediately to end black deaths in custody? And a Perth refinery worker sacked for parodying his bosses using a well known Hitler meme returns to work after a decision of the full bench of the Federal Court.

In a legal first, a car driver evading police is jailed for murder. And is the Races Power in our Constitution an anachronism? Jun 02, 2020

Kylee King, a drug affected driver who killed motor cyclist Jordan Thorsager while engaging police in a high speed car chase has been convicted of murder. And should our federal constitution contain a power that allows parliament to make laws for particular races?

Two coronial inquests make findings about unconscious racism May 26, 2020

For Reconciliation Week, a reflective discussion on two significant recent coronial inquests where the families of the deceased asked the coroner to make finding about unconscious bias or racism. Yorta Yorta woman Tanya Day died after sustaining serious head injuries in a Victorian police cell in 2017, and Naomi Williams, a pregnant 27-year-old Wiradjuri woman, died of sepsis in hospital in regional NSW in 2016.

Aboriginal and Torres Strait Island peoples should be aware that this program and website contains images and names of people who have passed away and that traumatic events will be described.

Two coronial inquests make findings about unconscious racism May 26, 2020

For Reconciliation Week, a reflective discussion on two significant recent coronial inquests where the families of the deceased asked the coroner to make finding about unconscious bias or racism. Yorta Yorta woman Tanya Day died after sustaining serious head injuries in a Victorian police cell in 2017, and Naomi Williams, a pregnant 27-year-old Wiradjuri woman, died of sepsis in hospital in regional NSW in 2016.

Aboriginal and Torres Strait Island peoples should be aware that this program and website contains images and names of people who have passed away and that traumatic events will be described.

Covid-19 emergency responses for witnessing wills and redundancy payouts. And a win for traumatised US Facebook content moderators May 19, 2020

Three states are now allowing virtual witnessing of wills. How does that work? Also how redundancy payments negotiated with Covid-19 affected employers? And, in a world first, Facebook pays $US52 million to content moderators who have been traumatised by sifting through distressing social media material.

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