Law Report - Full program podcast

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. And should Australia adopt private sponsorship of refugees Canada style? 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.

Covid-19 public health rules and the police May 12, 2020

As we begin to emerge from isolation we will all still need to continue to comply with safe physical distancing rules. As the rules change, we will need to adjust. How have we, and those that enforce the public health rules done so far?

Introducing Section 71: High Court cases that changed Australia May 08, 2020

Prisoners, drug users, the homeless and Covid-19 May 05, 2020

Prisoner Mark Rowson argued that he was particularly vulnerable if he contracted Covid-19, but the Supreme Court of Victoria has refused to release him. How Covid-19 has impacted on the illicit drug market and also healthcare responses such as the methadone program. And, a much praised initiative has been the emergency accommodation in hotels for the homeless, but some peer advocates say there have been unintended consequences.

Australia’s legal response to WW1 and the 1919 Spanish Flu Apr 28, 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?

High Court ruling exposes gaps in Australia's protections for public interest journalism. And is it still murder if the victim dies eight months after the assault? Apr 21, 2020

News Corp journalist Annika Smethurst could still face charges despite the High Court ruling that the AFP's raid on her home in June 2019 was carried out on the basis of a flawed warrant. What does this case mean for the public's right to know and press freedom? And an elderly man brutally attacked in a home invasion died eight months later, but the High Court ruled the attacker was responsible for his death. The case may have implications for the current NSW Homicide Squad investigation into the COVID-19 related deaths and infections on the Ruby Princess cruise ship.

How will the $130 billion JobKeeper package work? And workers' compensation at home Apr 14, 2020

The covid-19 crisis is forcing fundamental, previously unimaginable changes to way we organise and regulate employment. We take a look at the JobKeeper payment scheme. Also, if you have an accident while working from home, are you covered by workers' compensation?

George Pell freed from prison following High Court decision Apr 07, 2020

In an unanimous decision the High Court of Australia has quashed George Pell's convictions for historic child sex offences and has released him from prison. If this conversation raises issues or causes emotional distress please contact Lifeline 13 11 14

Criminal and civil courts in the age of COVID-19 Mar 31, 2020

Day by day our courts are being totally transformed by the COVID-19 crisis. Civil courts are using video and audio links. New criminal jury trials have been suspended and judge alone criminal trials are becoming rare. A recent major drug conspiracy trial in the NSW District Court was derailed after concerns about safe distancing, but it wasn't the jury that raised fears of catching coronavirus.

COVID-19, prisons and the courts. And the homeless man fined for dumpster diving Mar 24, 2020

Should prisoners be released because of the risks around coronavirus? And the case of the homeless man, just released from prison who was fined $250 for salvaging pies and iced coffees from a dumpster.

How the coronavirus crisis is stress-testing commercial contracts. And how enforceable are self-isolation orders? Mar 17, 2020

As business reels from the impact of the coronavirus, lawyers are poring over contracts, looking for ways to help their clients either enforce, or escape from their contractual obligations. Also authorities are requiring certain groups of people to 'self isolate'. Will this work?

How the coronavirus crisis is stress-testing commercial contracts. And how enforceable are self-isolation orders? Mar 17, 2020

As business reels from the impact of the coronavirus, lawyers are poring over contracts, looking for ways to help their clients either enforce, or escape from their contractual obligations. Also authorities are requiring certain groups of people to 'self isolate'. Will this work?

Protecting buyers from dodgy car loans Mar 10, 2020

Should car dealers & retailers be exempt from the requirements of the National Consumer Credit Protection Act? The Royal Commission into Banking and the Financial Services Industry recommended the removal of the exemption. But until that happens, consumers will continue to have very troubling experiences.

High Court clears former London cop of blowing up his holiday home. Also, should juries in child sex-abuse trials hear about prior convictions? Mar 03, 2020

The High Court of Australia has ordered the immediate acquittal and release of Queensland man Eamonn Coughlan who was serving a jail sentence for arson and attempted fraud. And, new laws to be introduced that will broaden what evidence a jury can hear in child sex-abuse trials.

Legal diversity in Malaysia Feb 25, 2020

Malaysia's complex politics and legal systems are shaped by the nation's ethnic and religious diversity. How religious and government authorities categorise you can have a huge impact on your life. Meet a Muslim feminist slam poet, a Hindu mother who won a landmark court case, a transgender activist and a government minister.

Former Facebook moderator sues social media giant for PTSD Feb 18, 2020

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*

The High Court rules Indigenous people can't be 'aliens'. Plus, is illegally obtained evidence allowed in court? Feb 11, 2020

Can persons of Aboriginal heritage who are not citizens be deported? In the cases of Brendan Thoms and Daniel Love, the majority of the High Court says no. And, the High Court rules that illegally obtained video evidence of serious animal cruelty is not admissible in a prosecution involving the training of greyhounds. Why?

Bushfire smoke, air pollution and the law Feb 04, 2020

The impact of this summer's bushfires has been devastating. What is less clear are the health consequences of smoke inhalation and the legal implications for employers. Some recent Australian and international court cases may provide a guide.

Two Queensland Court decisions involving workplace injuries. Jan 28, 2020

The case of the Gold Coast sales assistant injured in a jewellery store robbery and the case of the Brisbane teacher who was injured falling from a rope-swing while on a school trip to Vanuatu.

Do Victorian committals deliver fair and fast justice? Jan 21, 2020

Unlike other states, it's common for victims of crime to give evidence at a Victorian committal hearing. The state's Law Reform Commission is currently considering how well this system works. While victim advocates want big changes, defence lawyers say committals are an important filter.

Youth justice, Maori style Jan 14, 2020

Sit in on a Rangatahi, one of the Maori Youth Courts of New Zealand. Find out how they compare to Indigenous courts in Australia.

No handcuffs, no uniform: a different approach to youth justice Jan 07, 2020

Come on a tour of Korowai Manaaki Youth Residence in Auckland. Meet the troubled young offenders and the people who care for them. What can we learn from NZ and what can they learn from us?

A selfie, credit card and CCTV: a burglar's digital trail Dec 31, 2019

It was a case of 'guilty by social media' when a burglar's twelve day, $58,000 crime spree was brought undone by his glaring digital fingerprints.

The dog helping survivors give harrowing evidence Dec 24, 2019

In an Australian first highly trained Labradors are supporting vulnerable witnesses in Victorian criminal trials.

Bullying and sexual harassment in the legal profession Dec 17, 2019

A global study across 135 countries by the International Bar Association has found that bullying and sexual harassment is widespread in the legal profession. The report makes a number of recommendations to change the culture and work environment in the law office. NB* This program was first broadcast 20 August 2019.

Legal aid in bushfire zones, and private security firms helping family violence survivors Dec 10, 2019

As bushfires sweep across NSW, emergency services continue to battle the blazes. In areas where the immediate danger has passed there are a range of other organisations supporting those affected, including giving legal advice. Also, how and why family violence services use private security companies to protect vulnerable women. New research is highlighting the benefits and the risks.

Australia's first school lawyer Dec 03, 2019

Meet the first in-house school lawyer in Australia. Vincent Shin provides legal advice to students and their families who attend a Victorian school.

How Australia, Canada assess asylum seekers' claims for refugee status Nov 26, 2019

How does a public servant decide whether someone is a refugee? And is it better to grant an asylum seeker protection when they don't need it, or to deny them protection when they do?

High Court to decide Akon Guode infanticide, murder sentence anomaly Nov 19, 2019

How should you punish someone who has committed two very different crimes at the same time? That's the dilemma before the High Court, which is considering extending the prison term of a Melbourne woman who killed three of her seven children by driving her car into a lake.

The culture gap in the law Nov 12, 2019

If you fill a law firm or court room with more lawyers from a wider range of backgrounds, will it automatically become a more inclusive one to work in? Panel discussion organised by the Asian Australian Lawyers Association and the Muslim Legal Network held at Ashurst Melbourne.

Radio on the inside Nov 05, 2019

National Prison Radio, the world's first national 24 hour radio station produced by and for prisoners beams into all jail cells across England and Wales.

Australia's biggest class action over PFAS land contamination Oct 29, 2019

Up to 40,000 people across Australia will seek compensation from the Commonwealth over land contamination from chemicals leached from Defence Department bases into nearby properties and waterways. Residents and businesses claim the contamination has left them trapped in devalued properties with water they can't drink or land they can't fully use. It will be the largest ever open class action in Australia.

Adolescents who turn homes into war zones Oct 22, 2019

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?

Does video surveillance of psychiatric compo claimants tell us anything? Oct 15, 2019

A Border Force Officer diagnosed with PTSD is in danger of having his Comcare payments suspended partly because surveillance footage recorded him walking his therapy dog, buying milk and looking happy while speaking on his mobile. How fair is our worker's compensation system, especially when it comes to claims for psychiatric injuries?

How to de-radicalise juvenile terror offenders. And speech pathologists unpacking legal jargon. Oct 08, 2019

A rare insight into how to de-program young offenders with extremist views. And meet a speech pathologist who helps translate legal gobbledy-gook, especially for youth in the criminal justice system.

Climate change litigation targets super fund Oct 01, 2019

In a world first, a 24 year-old Brisbane man is taking legal action against his superannuation fund for not factoring climate change into its investment decision. This month the case against REST, the Retail Employees Superannuation Trust, will be back before the Federal Court, where the Judge is expected to set a hearing date.

Neutral legal observers at protests. And digital estates after death. Sep 24, 2019

At both the recent Climate Change marches around Australia and the continuing Hong Kong pro-democracy protests, neutral legal observers document security and protest behaviours in the name of maintaining the rule of law. And, the mysterious case of the Canadian crypto currency trader and the missing millions. It raises the question: when someone dies what happens to their digital assets?

Profiling an arsonist, and an unusual inheritance battle Sep 17, 2019

A number of people have been arrested and charged in connection with lighting fires in Queensland. Why do people light bushfires? Can we prevent someone going down that path? And, an elderly couple are tragically found dead in their English cottage. Two stepsisters battle in court over which parent died first in order to get the inheritance.

Drug testing welfare recipients; US Opioid litigation and over-prescribing painkillers in Australia Sep 10, 2019

Litigation around the opioid crisis in the US, medical negligence cases involving over prescription in Australia and VAADA's response to the Federal government's desire to trial mandatory drug testing for some welfare recipients.

Sandwich boards and skywriting: what's legal and what's not? Sep 03, 2019

Danny Lim is well known for wearing sandwich boards emblazoned with provocative word plays. A Sydney Magistrate has overturned a $500 fine imposed on the 75-year-old pensioner for offensive behaviour. Also, what are the regulations around political messages in the sky? And Vale: Justice Jane Matthews.

Is Pell off to the High Court of Australia? Aug 27, 2019

Cardinal George Pell's legal team have confirmed that they will seek leave to appeal to the High Court of Australia. This follows the majority two to one decision of the Victorian Court of Appeal which upheld Pell's conviction on child sex offences. So what exactly did the three judges of the Victorian Court of Appeal decide and what are the prospects of any High Court appeal?

Bullying and sexual harassment in the legal profession Aug 20, 2019

A global study across 135 countries by the International Bar Association has found that bullying and sexual harassment is widespread in the legal profession. The report makes a number of recommendations to change the culture and work environment in the law office.

Bullying and sexual harassment in the legal profession Aug 20, 2019

A global study across 135 countries by the International Bar Association has found that bullying and sexual harassment is widespread in the legal profession. The report makes a number of recommendations to change the culture and work environment in the law office.

Bullying and sexual harassment in the legal profession Aug 20, 2019

A global study across 135 countries by the International Bar Association has found that bullying and sexual harassment is widespread in the legal profession. The report makes a number of recommendations to change the culture and work environment in the law office.

Is the High Court gagging Australia's public servants? Aug 13, 2019

A former public servant has lost her free speech argument in the High Court over tweets that were critical of her department's policies. Will this change the way you use social media? Plus, a new study has found that Indigenous people in the Northern Territory found guilty of driving offences are more likely to go to jail than non-Indigenous offenders.

As the Laws of War turn 70, what's to celebrate? And a case of unpaid rent Aug 06, 2019

The Laws of War are designed to protect civilians and to place some limits on what combatants can do to each other. 70 years on, how relevant are the Geneva Conventions? And the case of the landlord who was owed $7000 in unpaid rent on a small factory. In retaliation, he kept his tenant's property and equipment.

Who judges the judges? Jul 30, 2019

The behaviour of three controversial judges raises questions about addressing incompetence and incapacity in the judiciary.

Youth justice, Maori style Jul 23, 2019

Sit in on a Rangatahi, one of the Maori Youth Courts of New Zealand. Find out how they compare to Indigenous courts in Australia.

No handcuffs, no uniform: a different approach to youth justice Jul 16, 2019

Come on a tour of Korowai Manaaki Youth Residence in Auckland. Meet the troubled young offenders and the people who care for them. What can we learn from NZ and what can they learn from us?

Can the law help reduce the risk of suicide for international students? Jul 09, 2019

A Victorian coroner is calling for universities and the federal government to work together to help international students at risk of suicide.

A selfie, credit card and CCTV: a burglar's digital trail Jul 02, 2019

It was a case of 'guilty by social media' when a burglar's twelve day, $58,000 crime spree was brought undone by his glaring digital fingerprints.

The dog helping survivors give harrowing evidence Jun 25, 2019

In an Australian first, highly trained Labradors are supporting vulnerable witnesses in Victorian criminal trials.

Controversial repayment scheme found to be legal in remote SA and a draft bill to curb tertiary cheating Jun 18, 2019

A remote store owner who ran a Book-up credit scheme for Indigenous customers has had his conviction for unconscionable conduct thrown out by the High Court. And the Federal Government is proposing new laws that would make it an offence to provide or advertise academic cheating services in tertiary education.

Reforming family law in Australia Jun 11, 2019

The Australian family law system is to be overhauled, so what reforms are required to meet the needs of Australian families?

Killings and coverups: Can a killer inherit a victim's estate? Jun 04, 2019

A convicted murderer can never inherit their victim's estate, but what about someone who helps cover up the killing?

Oliver Yates claims 2019 electoral signage misleading, Victorian Law Reform Commission reviews contempt of court laws May 28, 2019

Oliver Yates, the unsuccessful independent candidate for the seat of Kooyong plans to take the Liberal Party to the Court of Disputed Returns over Chinese language how to vote signage. And the Victorian Law Reform Commission has just released a consultation paper exploring the many complex issues around contempt of court, seeking input on its review of contempt of court laws.

Sawmill worker who refused to clock in with fingerprints wins unfair dismissal claim May 21, 2019

Jeremy Lee, an employee at a Queensland timber mill was sacked for refusing to use a finger print scanner to sign-in to work. He represented himself at the full bench of the Fair Work Commission and won his unfair dismissal case.

Social media influencer wins case against client, and an elderly yachty overturns appointment of guardian May 14, 2019

A Melbourne cafe has been ordered to pay an Instagram 'influencer' $1,600 after a verbal contract between the parties sours.

Minneapolis policeman found guilty of killing Australian woman. Also two disputes around packaging May 07, 2019

Minneapolis police officer Mohamed Nor has been found guilty of the third degree murder and second degree manslaughter of Australian Justine Damond Ruszczyk. Also on the program, the Federal Court has ordered Australia Rush Rich Winery pay the owners of Penfolds $400,000 for trademark infringement. And in a separate case, the Federal Court has ruled that Bega has the exclusive right to sell peanut butter in a jar with a distinctive yellow lid and a distinctive yellow label.

Miscarriages of justice and compensation Apr 30, 2019

If you are serving a prison sentence and an appeal court quashes your conviction and sets you free, will you receive compensation for the time you spent behind bars? It depends on where you live.

Where does the evidence go after its legal life is over? Apr 23, 2019

Evidence is used to prove or disprove the facts of a case, but what happens to it after the legal process is over? A new book In crimes archives; the cultural afterlife of evidence provides some intriguing clues.

Federal Court rules on Geoffrey Rush defamation case, High Court upholds protest exclusion zones at abortion clinics Apr 16, 2019

Justice Wigney of the Federal Court has ruled that the Daily Telegraph newspaper defamed actor Geoffrey Rush by claiming he had sexually harassed an actor later to be revealed as Eryn Jean Norvill. And the High Court of Australia has upheld the constitutional validity of protest exclusion zones around abortion clinics.

Is a sperm donor a parent? And the role of victims of crime in German trials Apr 09, 2019

The High Court of Australia is about to hear a case that asks big questions about families and parentage. And Private Accessory Prosecutors, the role of victims in German courts and trials.

Meet Tara Schultz Apr 02, 2019

From the age of twelve Tara Schultz was groomed by a much older man, sexually abused and became addicted to drugs. Now 31 she survived, sought justice through the courts and has completed a university degree.

Should drug or alcohol addicted children be forced into rehab? Mar 26, 2019

Mandatory rehabilitation for children and young people with serious substance abuse problems is being debated in both South Australia and Victoria.

Public servants and political expression. Argentina's Women Police Stations. Mar 19, 2019

For the first time, the High Court of Australia will hear a case that focuses on the extent to which public servants can freely express their political views. And Argentina's Women Police Stations, designed around the needs of survivors of gender-violence. Could they work in Australia?

The last warning shot: family violence and strangulation Mar 12, 2019

Strangulation is sometimes fatal, often causes permanent injury and is a strong predictor of future violence and death. What are the current laws and strategies in place to deal with strangulation in family violence cases?

Witness X revealed and journalist awarded damages for work related PTSD Mar 05, 2019

Veteran journalist John Silvester discusses underworld lawyer Nicola Gobbo who has been revealed as a police informer. And in a world first, a Victorian judge has awarded damages to a former Age journalist who suffered PSTD while working as a crime reporter.

Cardinal George Pell jury verdict revealed Feb 26, 2019

Australia's most senior Catholic cleric, Cardinal George Pell, has been found guilty of multiple child sexual offences.

Victorian Sentencing Council reports on animal cruelty. The law and ethics around tissue donors for sick siblings Feb 19, 2019

The Victorian Sentencing Advisory Council has released a report that shines a light on Victorian animal cruelty offenders and the sentences they receive. And Dr Shih-Ning Then's new book explores the ethics and legal issues around tissue donors for sick siblings.

Employers in Victoria and Queensland jailed over workplace deaths. And NSW court ruling on proposed Rocky Hill coal mine Feb 12, 2019

The final report of the Banking Royal Commission. Also, a Queensland worker gets compensation for injury after a smoko break Feb 05, 2019

How well has the Banking Royal Commission served the interests of consumers? Also on the program in Queensland the Industrial Court has ruled that a former employee of McDonalds who broke her leg during a break is entitled to Workers Compensation.

How effective is the coronial system? Jan 29, 2019

When a death is not straight forward, a coronial inquest can play a crucial role in addressing unanswered questions and it can also make recommendations that might prevent future fatalities. But how well does our coronial system serve the needs of grieving families?

Beaming prisoners into courtrooms; the pros and cons of Audio Visual Links Jan 22, 2019

In recent years there has been an explosion in the use of Audio Visual Links (AVLs) between prisons and courtrooms. This development has been welcomed by many prisoners, but some don't like being 'reduced to a bunch of pixels'.

Should dead men become fathers? Jan 15, 2019

In the age of Artificial Reproductive Technology extracting sperm from dead men is possible, and it happens more often than you think.

Calls for transparency around the use of solitary confinement in Victorian prisons Jan 08, 2019

The Jesuit Social Services report, All Alone - Young Adults in the Victorian Justice System, calls for radical reforms around the use of solitary confinement.

Economic abuse in violent relationships Jan 01, 2019

A collaboration between a Victorian community legal centre and a family violence support service addresses the financial fall-out that often comes when escaping a violent relationship.

Neighbourhood tree disputes and the law Dec 25, 2018

Hiring and firing by an automated system Dec 18, 2018

Is it possible to be hired or fired without any human interaction? Meet the man who was fired by an automated system.

Man feels burdened by 'not guilty' verdict Dec 11, 2018

Thirteen years after a violent brawl at a warehouse party led to the death of a partygoer, the two men charged with his murder give their version of the events of that night. One accused served 13 years in jail, the other was found not guilty, but remains burdened by his role.

Why do some young Australian Muslim men choose extremism? Dec 04, 2018

Dissecting the Eastman retrial Nov 27, 2018

ABC Canberra court reporter Elizabeth Byrne describes the twists and turns of the jury trials of David Eastman. The recent retrial found him not guilty of the murder of AFP Assistant Police Commissioner Colin Winchester.

The world's only nationwide prison radio station Nov 20, 2018

National Prison Radio, the world's first national 24 hour radio station produced by and for prisoners beams into all jail cells across England and Wales.

The Federal Government's Indigenous Procurement Program. Also Israel Supreme Court. Nov 13, 2018

How effective is the Indigenous Procurement Program? Who is benefitting? And a leading Israeli civil rights lawyer warns that the 'democratic space' in her country is in danger of shrinking.

Beaming prisoners into courtrooms; the pros and cons of Audio Visual Links Nov 06, 2018

In recent years there has been an explosion in the use of Audio Visual Links (AVLs) between prisons and courtrooms. This development has been welcomed by many prisoners, but some don't like being 'reduced to a bunch of pixels'.

Are our Crimes Confiscation laws fair? Oct 30, 2018

Western Australia's Attorney-General John Quigley recently announced a review into the state's Criminal Property Confiscation Act 2000 saying there are some cases that are 'harsh to the point of being unjust'.

Tertiary students in the courts Oct 23, 2018

Most students, at some point are disappointed by an academic result, but how far would you go to get a better grade?

Questions over social housing plan in Victoria and research into social drug suppliers Oct 16, 2018

Victoria is rebuilding its public housing, but could existing public housing tenants become worse off? And new research explores what we know about small time 'social' drug dealers and raises questions about how the law should deal with them.

Law Report 9th October 2018 Oct 09, 2018

Law Report 10th October 2018 Oct 02, 2018

Families of victims in the 911 attacks and crash of flight MH17 are pursuing legal action over their deaths.

Should dead men become fathers? Sep 25, 2018

In the age of Artificial Reproductive Technology extracting sperm from dead men is possible, and it happens more often than you think.

Alan Jones defamation ruling. And why XX won't face a re-trial for murder Sep 18, 2018

Radio broadcaster Alan Jones has been ordered to pay damages of 3.7 million dollars for defaming the Wagner brothers And the High Court of Australia allowed the use of previously recorded evidence involving a man known as Dennis Bauer convicted of multiple child sex offences and in NSW, the Supreme Court, Court of Criminal appeal refused to re-try a man for murder of three indigenous children, saying there wasn't sufficient 'fresh and compelling evidence' to overturn the principle of double jeopardy.

Calls for transparency around the use of solitary confinement in Victorian prisons Sep 11, 2018

The Jesuit Social Services report, All Alone - Young Adults in the Victorian Justice System, calls for radical reforms around the use of solitary confinement.

Economic abuse in violent relationships Sep 04, 2018

A collaboration between a Victorian community legal centre and a family violence support service addresses the financial fall-out that often comes when escaping a violent relationship.

MP Peter Dutton's parliamentary eligibility; The Justice Project Final Report; The first Chinese-Australian barrister Aug 28, 2018

Analysis of Peter Dutton's parliamentary eligibility under Section 44(v), some of the recommendations of the Law Council's Justice Project Final Report and the first Chinese-Australian barrister

Electronic monitoring in the criminal justice system Aug 21, 2018

In Australia around 1,000 people are wearing electronic monitoring ankle bracelets as a condition of either parole, bail, home detention or extended supervision orders. Do they deter further crimes and how reliable is the technology?

Hiring and firing by an automated system Aug 14, 2018

Work related pyschiatric injury in SA: Welfare of performance artists Aug 07, 2018

Balancing freedom of religion and freedom from religion Jul 31, 2018

Edited highlights of an expert panel debating whether our laws strong enough to protect people who hold sincere religious beliefs.

NSW Supreme Court decision on Colleen McCullough's estate; What follows Malaysia's miracle moment? Jul 24, 2018

NSW Supreme Court judge rules that popular Australian author Colleen McCullough's estate belongs to widower. And Malaysian civil and women's rights activist Ivy Josiah on building robust institutions following the landslide victory of former strongman, now reformist leader, Mahathir Mohamad.

Facebook faces potential Australian law suit over data breach Jul 17, 2018

There have been reports social media network Facebook is facing multiple lawsuits on behalf of users whose personal data was improperly leaked to Cambridge Analytica. Its next legal challenge could take place here in Australia.

Senate inquiry into deaths at work Jul 10, 2018

Crop Houses and stopping the cycle of drug addiction and offending Jul 03, 2018

Cannabis grow house syndicates are rampant across Australia. And former addicts helping to break the cycle of drug addiction and drug related crime.

Canadian university loses right to open law school and Portugal's policy on drugs and addiction Jun 26, 2018

Freedom of religion versus equal rights is tested in the Canadian and US Supreme Courts, and Portugal's unique approach to drug addiction.

Two important decisions on defamation. Getting into rough legal waters on holiday cruises Jun 19, 2018

Australian courts have ruled on two prominent defamation cases, Rebel Wilson v Bauer and Milorad Trkulja v Google. And what laws apply if something goes wrong when travelling on a holiday cruise in international waters?

Tips for Beauty salons to support clients who experience family violence; Victorian Supreme Court responds to legal costs blowout Jun 12, 2018

An innovative program HaiR-3R's aims to help hairdressers recognise and support Victorian clients who may be experiencing family violence. Also on the program, what is a reasonable legal fee in a relatively straightforward wills and estate case? A Victorian Supreme Court Judge had some strong words to say in a dispute about lawyers costs.

When can authorities seize your mobile device? Jun 05, 2018

Can Border Patrol demand your mobile devices at an airport without a warrant? In the US, this question may go to the Supreme Court, but in Australia, the laws are very clear. And what powers do police have to search and seize on suburban streets?

Inside the Jury Room part four: Juror misbehaviour May 29, 2018

Jurors can misbehave, threatening the right to a fair trial in many ways: Google searches; social media rants, contacting an accused, visiting a crime scene, even playing Sudoku in the jury box. How do we convince jurors to follow the rules?

Inside the Jury Room part four: Juror misbehaviour May 29, 2018

Jurors can misbehave, threatening the right to a fair trial in many ways: Google searches; social media rants, contacting an accused, visiting a crime scene, even playing Sudoku in the jury box. How do we convince jurors to follow the rules?

Inside the Jury Room part three: Juror bias May 22, 2018

When juries retire to the deliberation room, should they leave all of their personal beliefs and prejudices at the door? And is this even possible?

Inside the Jury Room part three: Juror bias May 22, 2018

When juries retire to the deliberation room, should they leave all of their personal beliefs and prejudices at the door? And is this even possible?

Inside the Jury Room part two: Juror stress May 15, 2018

Hearing and seeing gruesome evidence in criminal trials can take a terrible toll on jurors, sometimes leading to stress and trauma. What harm can juror stress then cause trials? And what can we do to minimise its impact?

Inside the Jury Room part two: Juror stress May 15, 2018

Hearing and seeing gruesome evidence in criminal trials can take a terrible toll on jurors, sometimes leading to stress and trauma. What harm can juror stress then cause trials? And what can we do to minimise its impact?

Inside the Jury Room part one: The Ouija board jurors May 08, 2018

It’s the most notorious case ever of jury misbehaviour. In the 1994 double murder trial of Stephen Young, drunk jurors used a Ouija board to ask the murder victims, "who killed you?". But is there more to this story than just hapless, irresponsible jurors?

Inside the Jury Room part one: The Ouija board jurors May 08, 2018

It’s the most notorious case ever of jury misbehaviour. In the 1994 double murder trial of Stephen Young, drunk jurors used a Ouija board to ask the murder victims, "who killed you?". But is there more to this story than just hapless, irresponsible jurors?

Extradition processes in the 21st century and Victoria parliament soon to debate treaty advancing legislation May 01, 2018

Over-medication in aged care and blockchain contracts Apr 24, 2018

Examining the laws governing the use of anti-psychotic and other drugs to sedate residents in aged-care facilities in the US and Australia. And smart contracts are an emerging area of the law, but exactly what are they and what happens if they go rogue?

Space law in the 21st century Apr 17, 2018

Corporations, as well as nations are venturing into space for satellite technology, mining even tourism. Are the laws created over fifty years ago up to speed in this new space race?

Commonwealth Redress Scheme restrictions and South African jailed for racist tirade Apr 10, 2018

Why will some survivors of institutional sexual abuse be locked out of the Commonwealth Redress Scheme? And when using a really offensive word in South Africa multiple times lands you in jail.

Anne Buist on writing her life's work Apr 03, 2018

Perinatal psychiatrist Anne Buist is a women's mental health advocate and expert witness who works with protective services, and as an expert witness in the courts, in cases of abuse, kidnapping, infanticide and murder. She is also a novelist who explores many of the darker aspects of her work in fiction.

Seeking compensation for family violence and chat bot wills Mar 27, 2018

There are a number of avenues for those seeking compensation for family violence including the civil courts but at least one state, a mechanism for assisting survivors with compensation has come under criticism. And a South Australian law firm is selling chatbot generated wills for $150. How different is it from the will kits purchased from a newsagency, what are the safeguards and is it a way of providing a much needed service in remote communities?

Defamation in Australia and modern warfare and challenges for IHL Mar 20, 2018

A study finds that that the rich and famous are not the your usual plaintiffs when it comes to defamation cases. Nor are media companies the usual suspects when it comes to defending defamation claims. And in a time of conflict, defining what constitutes a cyber attack, a potential act of war, is tricky. So is international humanitarian law keeping up with the new battlefields of the 21st century?

Debt and road tolls: the dilemma and solutions Mar 13, 2018

Toll fines are one of the major issues dealt with in Victorian and Queensland courts, with some debts as high as $200,000. Why are such massive debts accrued and what can be done about it?

Do the walls have ears? Smart devices, privacy and the law Mar 06, 2018

The Internet of Things are those objects that are connected to the web, such as home appliances, fitness or health devices, even some toys. But there is a dark side to this clever connectivity and data collection.

ACT's unique approach to Family Violence Orders Feb 27, 2018

In the ACT, mediation is mandatory if you are seeking a permanent order to keep a violent ex partner away. How does it work and how successful is this unique system?

Neighbourhood tree disputes and the law Feb 20, 2018

Disputes between neighbours over trees are as common as they are personal, and can get so bad that some property owners sell up to avoid conflict.

Damning report on treatment of prisoners with disabilities; The 'slayer rule' and elder abuse Feb 13, 2018

Human Rights Watch reports that prisoners with disabilities in Queensland and WA are particularly at risk of neglect and abuse. Also on the program, could an expanded American style 'slayer law', be a way to deter elder abuse?

Federal court declares 'Dr Droop' bankrupt; Jewish divorce, the complicated nexus between religious and secular law Feb 06, 2018

After mulitiple run ins with regulators, the man behind the 'bonk longer' billboards has been declared bankrupt. And Gett recalcitrance, that's when a Jewish marriage falls apart and one spouse refuses to grant a religious divorce.

Lloyd Rayney's defamation win and an alternative to medical negligence litigation Jan 30, 2018

It's the second largest defamation damages payout in Australia. Why did the WA Supreme Court award Lloyd Rayney $2.6 million? Also, 'open disclosure', an alternative to costly and stressful medical malpractice lawsuits.

Australia and early settler law Jan 23, 2018

From the capital offence of stealing food to property rights and cases involving swine, an insight into how the First Fleeters managed to create what is now considered 'the land of the fair go'.

Australia's first school lawyer Jan 16, 2018

Meet the first in-house school lawyer in Australia. Vincent Shin provides legal advice to students and their families who attend a Victorian school.

Health Justice Partnerships Jan 09, 2018

Health Justice Partnerships provide legal help to hospital patients. We look at the collaboration between three major hospitals and Inner Melbourne Community Legal.

South Australia's Gambling Court Jan 02, 2018

A visit to the first court in Australia to deal with criminal offenders with a gambling addiction.

A civics education Dec 26, 2017

A tour of Canberra exploring Australian democracy with St Kilda Primary School grade six students.

Restorative Justice Dec 19, 2017

Only a small percentage of sexual assaults are reported to police and only a small percentage lead to a conviction. The South East Centre Against Sexual Assault is addressing the needs of survivors in a different way.

Questions over Commonwealth Redress Scheme for survivors of institutional sexual abuse Dec 12, 2017

There are concerns that the Commonwealth Redress Scheme, one of the key recommendations of the Royal Commission into Institutional Child Sexual Abuse, will never get off the ground.

US Supreme Court hears Masterpiece Cakeshop case, Australia's Family Court rules on children seeking gender reassignment and celebraties and defamation law Dec 05, 2017

In this program, the US Supreme Court hears arguments for and against a baker refusing to make a wedding cake for a same sex couple. Also, The Family Court rules that Transgender children no longer need a judge's for permission to have irreversible medical treatment, and in light of the allegations about Don Burke's inappropriate behavior over many, many years, we ask are Australia's defamation laws too restrictive?

Sentencing models in the UK and Australia Nov 28, 2017

Sentencing is a complex and controversial area, where there are constant debates over how best to ensure transparency and consistancy. What models best help judges make informed decisions?

Australia's prescription opioid crisis Nov 21, 2017

Overdose deaths from prescription pharmaceuticals now outstrip overdose deaths from heroin. But just who is getting addicted to prescription opioids — and what can be done?

HCA rules on prenup and US Opioid crisis Nov 14, 2017

The High Court of Australia unanimously agreed that a pre-nup signed between a Gold Coast Property developer and his fiancee was not fair or reasonable. And in 2016, 60,000 American deaths are linked to opoids. What are the regulations and policies to tackle the crisis?

Our TOPPODCAST Picks

Follow Us

Stay Connected

Law Report – Full program podcast

Related Podcasts

Links

Stay Connected