Law Report - Full program podcast: Recent Episodes
ABC Radio
Informative, jargon-free stories about law reform, legal education, test cases, miscarriages of justice and legal culture. The Law Report makes the law accessible.
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.
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.
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.
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.
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.
Think twice before you fire off that lighthearted emoji – there could be serious legal consequences.
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.
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.
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?
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)
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.
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?
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.
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.
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.
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?
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.
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.
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?
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'?
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?
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.
Justice 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.
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.
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?
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.
'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.
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.
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
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.
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.
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.
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.
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.
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.
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.
When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on?
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.
When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the first of a four-part special for the Law Report we dig through recent cases with legal experts to find out when it comes to noisy neighbours who's in the right.
When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the first of a four-part special for the Law Report we dig through recent cases with legal experts to find out when it comes to noisy neighbours who's in the right.
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 the is the law on?
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 the is the law on?
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.
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.
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?
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?
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.
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.
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?
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 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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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 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.
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.
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.
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.
Should we grant patents to Artificial Intelligence algorithms? Should machines have copyright over the art works they generate? What about animals?
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.
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?
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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?
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.
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.
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 inflating professional skills and experience cross a line to become a criminal offence?
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.
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.
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.
The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neurotechnologies.
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.
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.
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?
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 ‘chatbots’, a form of artificial intelligence technology, help make the legal system more accessible for people living with disabilities?
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?
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.
What impact could proposed changes to New South Wales consent laws have in delivering justice to victims and survivors of sexual assault?
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?
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.
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.
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?
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.
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 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.
How could the High Court media defamation ruling affect social media use? And are changes to Northern Territory youth bail laws fit for purpose?
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.
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 will the Taliban's return to power in Afghanistan mean for women and human rights?
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?
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.
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?
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.
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 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.
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?
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.
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?
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.
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.
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.
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.
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?
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 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?
The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neuro technologies.
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.
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
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.
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.
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?
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?
Should there be an an independent inquiry into historic rape allegations against Attorney-General Christian Porter and if so, what should it look like?
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
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.
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 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.
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.
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.
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.
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
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
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?
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?
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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
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?
A voice from the towers in the Melbourne lockdown, and major book publishers sue the online library, Internet Archive, for breach of copyright.
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.
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?
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?
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.
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.
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?
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.
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.
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.
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?
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.
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?
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.
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?
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
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.
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.
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?
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?
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.
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.
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.
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
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?
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.
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.
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.
Sit in on a Rangatahi, one of the Maori Youth Courts of New Zealand. Find out how they compare to Indigenous courts in Australia.
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?
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.
In an Australian first highly trained Labradors are supporting vulnerable witnesses in Victorian criminal trials.
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.
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.
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 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?
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.
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.
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.
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.
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?
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?
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.
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.
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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
The behaviour of three controversial judges raises questions about addressing incompetence and incapacity in the judiciary.
Sit in on a Rangatahi, one of the Maori Youth Courts of New Zealand. Find out how they compare to Indigenous courts in Australia.
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 Victorian coroner is calling for universities and the federal government to work together to help international students at risk of suicide.
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.
In an Australian first, highly trained Labradors are supporting vulnerable witnesses in Victorian criminal trials.
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.
The Australian family law system is to be overhauled, so what reforms are required to meet the needs of Australian families?
A convicted murderer can never inherit their victim's estate, but what about someone who helps cover up the killing?
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.
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.
A Melbourne cafe has been ordered to pay an Instagram 'influencer' $1,600 after a verbal contract between the parties sours.
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.
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.
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.
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.
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.
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.
Mandatory rehabilitation for children and young people with serious substance abuse problems is being debated in both South Australia and Victoria.
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?
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?
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.
Australia's most senior Catholic cleric, Cardinal George Pell, has been found guilty of multiple child sexual offences.
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.
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.
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?
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'.
In the age of Artificial Reproductive Technology extracting sperm from dead men is possible, and it happens more often than you think.
The Jesuit Social Services report, All Alone - Young Adults in the Victorian Justice System, calls for radical reforms around the use of solitary confinement.
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.
Is it possible to be hired or fired without any human interaction? Meet the man who was fired by an automated system.
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.
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.
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.
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.
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'.
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'.
Most students, at some point are disappointed by an academic result, but how far would you go to get a better grade?
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.
Families of victims in the 911 attacks and crash of flight MH17 are pursuing legal action over their deaths.
In the age of Artificial Reproductive Technology extracting sperm from dead men is possible, and it happens more often than you think.
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.
The Jesuit Social Services report, All Alone - Young Adults in the Victorian Justice System, calls for radical reforms around the use of solitary confinement.
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.
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
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?
Edited highlights of an expert panel debating whether our laws strong enough to protect people who hold sincere religious beliefs.
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.
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.
Cannabis grow house syndicates are rampant across Australia. And former addicts helping to break the cycle of drug addiction and drug related crime.
Freedom of religion versus equal rights is tested in the Canadian and US Supreme Courts, and Portugal's unique approach to drug addiction.
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?
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.
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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.
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.
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?
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?
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?
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.
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?
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.
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?
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.
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.
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'.
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 provide legal help to hospital patients. We look at the collaboration between three major hospitals and Inner Melbourne Community Legal.
A visit to the first court in Australia to deal with criminal offenders with a gambling addiction.
A tour of Canberra exploring Australian democracy with St Kilda Primary School grade six students.
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.
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.
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 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?
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?
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?
Hear first hand experiences from former prisoners living with ABI. They are part of a project advocating for people Acquired Brain Injuries, a group who are massively over-represented in the criminal justice system.
What are the consequences of the High Court's decision on the 'Citizenship 7'? And as the Royal Commission into the Protection and Detention of Children in the Northern Territory prepares to hand down its final report, a look at juvenile detention in the US and Europe.
What impact will the High Court's decision to overturn Tasmania's anti-protest laws have on other states who are have or are considering similar laws? And does an unsent text message constitute a valid Will? The Queensland Supreme Court says yes.
The Law Report travels to an abattoir in the deep north of Victoria and Western Australia's South West wine region to find a regional planning system that is 'broken.'