Not Just a Lawyer: Recent Episodes
Not Just a Lawyer
Talking law & other hot topics in Australian society. Access to justice starts with access to legal information. Every week, I explain a pressing legal or social issue in clear words. I also explain legal words so you can feel more comfortable dealing with the legal system. I talk about personal stuff when it intersects with hot topics or being a damn good lawyer. May include mild swears! Views are my own & given in good faith based on personal experience. No legal advice or confidential information contained within. May contain cat hair. Now presented by www.sarahaverylegalpractice.com.au
Acknowledgment of Country. CW: the case that started it all is a high-profile sexual assault matter. Breaking news on the ACT Supreme Court’s decision in this highly-publicised, complex and super-interesting matter. I translate from legalese and give cringe-worthy facts their day in the sun, but most importantly, I help you understand this important case. Read the full decision here: https://www.courts.act.gov.au/__data/assets/pdf_file/0003/2408133/Drumgold-v-Board-of-Inquiry-and-Ors-No.-3-2024-ACTSC-58.pdf
Acknowledgement of Country. A not-very-lawyerly episode. My swimming teacher experience and coastal upbringing have given me some knowledge, and I share that with you! Disclaimer: I’m not your swimming teacher (see, I’m still lawyerly). Great resources: https://www.surflifesaving.com.au/beach-safety/rip-currents/ and https://www.royallifesaving.com.au/about/campaigns-and-programs/Water-Safety and your local swim school or surf lifesaving club. Bonus: My voice is soothing and you can use this as a sleep aid. Happy new year!
Acknowledgment of Country. Call to action to allies of Aboriginal and Torres Strait Islander folks: don’t freeze, don’t be silent. VOICE TREATY TRUTH
Acknowledgement of Country. An easy to understand guide to the science behind Kathleen Folbigg’s pardon. Sources: omim.org and The Guardian at https://amp.theguardian.com/australia-news/2023/may/07/kathleen-folbigg-science-sheds-new-light-on-case-of-mother-convicted-of-murdering-her-children and ABC at https://amp.abc.net.au/article/102406772. For more information about rock pocket mice: https://www.biointeractive.org/classroom-resources/making-fittest-natural-selection-and-adaptation
Acknowledgement of Country. Kathleen Folbigg case encounters science. Science is very important. Justice is very important, but I can’t do this issue justice so I refer you here: https://podcasts.apple.com/au/podcast/full-story/id1482061243?i=1000612189847
Acknowledgement of Country. Voice, treaty and truth are all important. Referendum on the Voice is imminent, so the Australian National University (ANU) answers some burning questions. Find their answers here: https://www.anu.edu.au/about/strategic-planning/indigenous-voice-to-parliament
Acknowledgment of Country. Voice, Treaty and Truth. Cool stuff happening in Coffs Harbour (Gumbaynggirr Country). To access the Guardian’s podcast with Professor Megan Davis, click here: https://www.theguardian.com/australia-news/audio/2023/jan/20/the-details-on-the-indigenous-voice-to-parliament-with-megan-davis To see the website for the Gumbaynggirr Giingana Freedom School, click here: https://www.giinganaschool.org.au
Acknowledgement of Country. A short, sharp explainer of an interesting High Court decision about defamation. Google LLC v Defteros [2022] HCA 27. Credit to Parisa Hart for her article in Ethos, Summer 2022
Acknowledgement of Country. I share the most important thing I have learned this year. On a tangentially-related note, I encourage you to donate life via organ and tissue donation here: https://www.donatelife.gov.au
Acknowledgement of Country. Jury can’t make up its mind? Has all the facts and all the law but still needs more? Shazam! They need a Black direction, courtesy of the High Court of Australia (Black v The Queen [1993] HCA 71; 179 CLR 44). Bonus movie review: Joh’s Jury. Enjoy, or get frustrated trying!
Acknowledgement of Country. The sexual assault trial DPP v Lehrmann has been aborted, because a juror disobeyed the Chief Judge’s direction. Find out more here: https://www.courts.act.gov.au/supreme/judgments/director-of-public-prosecutions-v-lehrmann-no-5
Acknowledgement of Country. What is a King’s Counsel? And a refresher on the cab rank rule.
Acknowledgement of Country and NAIDOC week. Update and breaking news: Commonwealth Attorney-General decides to stop prosecution of Bernard Collaery. Issues include open justice & rule of law. See previous episodes Season 2, 22 & Season 2, 44 for important background. Australian Financial Review article available here: https://www.afr.com/politics/federal/dreyfus-orders-bernard-collaery-case-dropped-20220707-p5azvx
Acknowledgment of Country this NAIDOC Week. Update on the “no rights without remedy” petition. Spoiler: there will be remedies! Except, maybe, if the ACT police are allegedly involved. Here’s the report: https://www.parliament.act.gov.au/__data/assets/pdf_file/0006/2023764/JCS-Report-7-Report-into-the-Inquiry-into-Petition-32-21-No-Rights-Without-Remedy.pdf#page13
Acknowledgement of Country. If we can’t enforce our rights, what do they really mean? A petition before the ACT Legislative Assembly seeks to give them meaning. If you want to hear an in-depth forum on International Human Rights Day (10 December 2021), which is online and free, register here: https://hrc.act.gov.au/making-human-rights-complaints-accessible-in-the-act/
Acknowledgement of Country. Quick recap on Case Theory (please see Season 1, Episode 22) and past defamation episodes (please see Season 2, Episodes 20 and 34). Discussion of how these 2 issues are arising in the media coverage of new NSW police efforts to work out what happened to William Tyrrell who has been missing since 12 September 2014. Helpful analysis of this situation by Paul Barry of ABC’s Media Watch program 22 November 2021 (available here: https://www.abc.net.au/mediawatch/episodes/tyrrell/13642850 ).
Acknowledgment of Country. Interested in the biopsychosocial model of health? Or, maybe you would be if I broke it down for you into a word of less than 6 or 7 syllables? Get put off by words that sound impressive but are too complex? I know I am! Listen to me explain what “biopsychosocial” means (it’s easy to understand, I promise) and then check out the Ologies podcast episode on Dolorology (the study of pain). Look after yourselves, excellent humans!
Acknowledgement of Country. Hear all about the Law Council of Australia’s Lawyer Project Report. I provide and easy to understand summary of the 56 page report. The full report can be found here: https://www.lawcouncil.asn.au/publicassets/330febe2-323d-ec11-9443-005056be13b5/The%20Lawyer%20Project%20Report.pdf
Acknowledgement of Country. Today I talk about an appeal that focuses on one useful example of what procedural fairness looks like. What went wrong? How was it dealt with? (Hint: unusually) Adams v Navaratnam [2021] ACTSC 256. See the full judgment here: https://www.courts.act.gov.au/supreme/judgments/adams-v-navaratnam
Content warning: a brief mention of non-consensual medical treatment. Acknowledgement of Country. Great work by A Gender Agenda and SHFPACT on their excellent resource “Including Intersex” which can be found here: https://www.shfpact.org.au/news-and-updates/418-including-intersex?fbclid=IwAR12cP5EOmZiHQCqyqB79bjptCNp3UE9rXuRIaNOMUcMtJrOBYO8Ybwv5ms
Acknowledgement of Country. What is a pronoun? How do I use them? Why should I use these “new” pronouns? Answer: you’ll help a non-binary fairy get their wings. How can I practice them? Hint: https://pronouns.minus18.org.au
Acknowledgement of Country. Have you heard of CrashCourse? Now you have. Plus, a fun science fact about something you do all the time - breathing! Get into it! Or, keep at it, I hope you’re already breathing and continue to do so!
Acknowledgement of Country. BREAKING NEWS in this matter today, 6 Oct 2021. See the judgement summary here: https://www.courts.act.gov.au/__data/assets/pdf_file/0004/1870627/Collaery-v-The-Queen-Judgment-Summary.pdf
Acknowledgement of Country. All about Wills and Enduring Powers of Attorney, and why you need them now! Legal information to help you understand how to give yourself and your loved ones peace of mind at a really difficult time (that’s a euphemism for when you die). And a terrible (but one of my favourites) joke at the end! Thank you!
Acknowledgement of Country. A Victorian Coroner has found that Raymond Noel died during an unjustified and frightening police pursuit. This is another senseless death of an Aboriginal man in connection with the criminal justice system.
Read the title, do it, then come back. Acknowledgement of Country. Book recommendation: Countdown to Zero Day by Kim Zetter. Podcast recommendation: the Darknet Diaries. Seriously go update stuff now!
Acknowledgement of Country. Have you always wondered what to expect from a Mental Health First Aid course? Wonder no more! You can find one here: www.mhfa.com.au If you need to chat to someone right now, Lifeline is available on 13 11 14.
Acknowledgment of Country. Equal Pay Day and what we still need to measure. Merger of the Family Court and Federal Circuit Court on 1 September 2021 - what the average person in the street needs to know.
Acknowledgement of Country. A chat about the High Court decision in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18. I am greatly indebted to Dr Michelle Sharpe for her article in the Law Society of NSW Journal, Issue 80, for breaking this case down. I have built on her work to simplify it further for this podcast.
Acknowledgement of Country. A snippet of information about the game of roller derby & why I love it. Sarah Avery Legal Practice is a proud sponsor of Canberra Roller Derby League.
Acknowledgement of Country. Picking up where episode 20 of season 2 left off (why can politicians sue for defamation) I chat about recent changes to defamation law, and then send you off to listen to law-talking folks with greater knowledge!
Acknowledgement of Country. Be-on-the-lookout-for-copaganda-warning. Referral to a really interesting episode where forensic psychologist Dr Sarah Yule talks about how forensic psychology can help with criminal investigations. She’s refreshingly down to earth and frank about the limitations of her specialised field.
Acknowledgment of Country. Content warning: deaths in custody & suicide. Lifeline: 131114. COVID 19 restrictions are linked to a recent death in custody, and are creating even more punishing conditions for prisoners.
Content warning: domestic violence, racism, sexism. Acknowledgement of Country. I give a few definitions and give you useful background on my female clients’ experience with prosecution for domestic violence. Then you will get cracking over to this interview with Dr Chelsea Watego from 6 July 2021, pronto: https://m.mixcloud.com/3crtuesdaybreakfast/3cr-tuesday-breakfast-6-july-2021-interview-dr-chelsea-watego/?fbclid=IwAR3c9lcze6Q2K47GGqA_7RJNkpYntALBONxWnQ91E4TFs_lqSirdb8LIKdc Lifeline: 131114
Acknowledgement of Country. NAIDOC Week 2021. Mabo decision: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1992/23.html
Acknowledgement of Country. What is a private prosecution? Question: Can I bring one? Answer: probably. Question: Should I? Answer: I can’t give you legal advice, but probably not! As with everything, it depends.
Acknowledgement of Country. This bonus episode augments episode 27, and points you to the parts of the judgment that deal with expert OMCG evidence.
Acknowledgement of Country. This episode seizes upon a unique opportunity to hear the directions that a Judge usually gives to a jury. Because of the COVID emergency, the matter I talk about, which would usually be heard by a jury, was heard by a Judge. That Judge, Justice Mossop of the ACT Supreme Court, had to tell himself all of the things he would usually tell a jury, and it’s fascinating. I refer to R v Sidaros (No 5) [2020] ACTSC 354 in this weeks’s interesting episode.
Acknowledgment of Country. Content warning: human suffering and suicide. Lifeline 131114. Hear what Justice Murphy of the Federal Court of Australia had to say about Robodebt on 11 June 2021. Spoiler, it’s not in any way like Robocop. If you are here for effective robotic law enforcement, these are not the droids you are looking for.
Content warning: sexual assault. Acknowledgement of Country. Update on where NSW’s barristers stand on proposed consent laws reforms. Pop back to episode 23 for context! Lifeline: 131114.
Acknowledgement of Country. Primer: who is an asylum seeker and who is a refugee? Sources include Refugee Council of Australia, Red Cross, and Australian Parliamentary Library.
Content warning: sexual assault. Acknowledgment of Country and of Reconciliation Week. Primer on NSW consent law. Primer on expert and NSW Bar Association response, as well as Australian Lawyers Alliance response. Restorative justice. My own views! Lifeline 131114.
Acknowledgement of Country. A primer for people who have heard the names Witness K and Bernard Collaery, and want to know more. Open justice and rule of law also discussed.
Content warning: discrimination and non-consensual medical procedures. Acknowledgement of Country. Happy IDAHOBIT Day! Some education for everyday folks about the Darlington Statement. Please see ihra.org.au for the full text. With thanks to A Gender Agenda (and Cody in particular) for their work on this issue. Lifeline is there on 131114 if any of this content causes you concern.
Acknowledgement of Country. In Australia, do we have freedom of speech? No? Oh, ok. Well, we have an implied freedom of political communication, right? Yep. So why can politicians sue for defamation? FIND OUT HERE!
Acknowledgement of Country. A day in the life of a boutique law firm’s trust account? Yes, please!
Acknowledgement of Country. 3 short, sharp things! Regular episode coming this Wednesday!
Acknowledgement of Country. Personal reflection on my appearance (for a client) in the Galambany Circle Sentencing Court in April 2021.
Acknowledgment of Country. Hey there! Here’s the High Court of Australia stating something obvious, but important. Married people will especially want to tune in.
Acknowledgement of Country. Lawyers primarily look at sexual harassment as a professional conduct issue. But should we be looking at it as a workplace health and safety issue?
Acknowledgement of Country. What the heck is a penumbral duty? How does this relate to a retainer? What does this mean for clients? What does this mean for solicitors? Feel free to go back to Season 1, Episode 19 for a refresher on what a retainer is!
Happy TRANS DAY OF VISIBILITY aka TDOV! Acknowledgment of Country. Some breaking news about honorifics in the ACT Courts!
CONTENT WARNING: sexual harassment, sexual assault and suicide. Acknowledgment of Country. If you want to know more about what kinds of enquiries might be appropriate in relation to Australia’s Commonwealth Attorney-General, I recommend The Wigs. https://podcasts.apple.com/au/podcast/the-wigs/id1478979953?i=1000513868626 If, like me, you feel sad and exhausted by all of the sexual harassment and sexual assault being uncovered at present, give this a miss. If you need to talk to someone, Lifeline is available on 131114. Look after your fine selves.
Hello! Acknowledgement of Country. Do you want to hear about an excellent lawyer, with a high-level disability? Then you NEED to hear all about Natalie Wade. She is a very cool human. Listen to her talk to the ListenAble podcast here: https://podcasts.apple.com/au/podcast/listenable/id1500522289?i=1000488281102
Sometimes, you have a good day. Sometimes, you have a bad day. Acknowledgement of Country. An account of one day, when being a professional, quite frankly, was a trial.
A free, online wellbeing resource for lawyers (and everyone!). Acknowledgement of Country. Check out “The Resilient Lawyer: A Manual for Staying Well @ Work” by Robyn Bradey.
Acknowledgement of Country. Warning that this podcast uses the name of a deceased Yorta Yorta Aboriginal woman. What has Victoria decided to do about the criminal offence of public drunkenness? Effect of unconscious bias and actual racism on public drunkenness perceptions and policing. Lived experience of Victorian MP, Yorta Yorta woman Ms Sheena Watt.
Content warning: sexual assault. Lifeline: 13 11 14. Canberra Rape Crisis Centre 02 6247 2525. Acknowledgement of Country. Discussion of calls for positive consent laws, and ACT government commitment to explore a positive consent standard. Discussion of 2 laws enshrining positive consent. Explanation of key current defence to sexual assaults in many cases: mistake as to consent. Please engage in positive consent in your lives as excellent humans, regardless of the legal standard. Article referred to is: https://theconversation.com/nsw-law-reform-report-misses-chance-to-institute-yes-means-yes-in-sexual-consent-cases-150628
A short and sweet episode. Acknowledgment of Country. Springboarding from Feel Good Feb (feelgoodfeb.org) & random acts of kindness into the ultimate power move: RADICAL ACTS OF KINDNESS!
Acknowledgement of Country. What is this magnificent beast? Where can I find it? Who is it for?
Acknowledgement of Country. On 26 January 2021, please listen and reflect as I read the recommendations made in 1991 by the Royal Commission into Aboriginal Deaths in Custody (RCIADIC).
Acknowledgment of Country. Do you or someone you know need help with a consumer law issue - like debt, your mortgage, insurance, banking or bankruptcy? Are you or is someone you know facing financial abuse? The Consumer Law Centre is one of Canberra’s fantastic community legal centres, and they are here to help! Call them on 02 6143 0044 or find them at carefcs.org on the web.
Acknowledgement of Country. Treason is in the news. But what is treason in Australian Law?
Acknowledgement of Country. Busy brains and the benefits of silence! But you will have to read the book, because it delves into what silence means, and it’s not just the absence of sound!
Acknowledgement of Country. This case pushed the issue of Victoria’s most infamous police informer out of the shadows.
Acknowledgment of Country. Sadly, no John Farnham songs here. Instead, hear about how Ms Gobbo’s conduct affected her clients and the Victorian criminal justice system more broadly.
Acknowledgment of Country. The RCMPI has made recommendations about the regulation of Victoria’s lawyers. Among other things, if accepted, these recommendation seek to require lawyers to make mandatory reports about other lawyers.
Acknowledgement of Country. What or who is a “police informant”? Why did Victoria have a Royal Commission about them? What did the Commission find and recommend? Listen to episode 7 of the podcast before venturing into these waters!
Acknowledgement of Country. Tribute to Victoria and Victorians! Thank you for your sacrifices in 2020 to keep us all safe.
Acknowledgement of Country. What are the purposes of sentencing? Are things different for young offenders? I use the Australian Capital Territory as a case study!
Acknowledgement of Country? What is an alibi? Well, it’s one thing TV shows get right about law!
This Transgender Awareness Week, the Not Just A Lawyer Podcast drops a bonus episode! Acknowledgment of Country. Be an excellent ally to trans people and gender expansive, gender diverse and gender nonconforming people. Here’s how! With thanks to minus18.org.au and genderrights.org.au and theequalityproject.org.au for their excellent resources! #StandByYourTrans #TransAwarenessWeek
Acknowledgment of Country. The Australian Capital Territory has a Nudity Act? It does! What can we learn about delegated legislation and the rule of law from this unadorned law? It’s an exposé on how to find legislation and subordinate law!
Acknowledgment of Country. Why are we getting 2 new High Court Judges? Let me explain! How are they chosen? Great question!
Acknowledgement of Country. Bonus episode! Featuring news about a development in the age of criminal responsibility. This relates to issues raised in episodes 30 and 35 of the Not Just a Lawyer Podcast. Shout out to all of our Aboriginal and Torres Strait Islander Legal Services. Please consider donating to them if you can.
Hello, this is Episode 50! Acknowledgement of Country. What does it mean to be struck off, stricken from the roll, removed from the roll of solicitors? I’m here to explain in this short and sweet episode.
Howdy! Acknowledgement of Country. What is profiling? What (maybe) makes an accurate profiler? Where do professional psychics fit in to all this?
Welcome. Acknowledgement of Country. A brief introduction into how the laws of evidence facilitate this golden rule!
Welcome. Acknowledgement of Country. What is this mystery? Is it a dance? A physiotherapy manoeuvre? Or has it got something to do with ballot papers? Find out in this short and sweet episode!
Hello! Short and sweet episode. Acknowledgement of Country. Finding a lawyer: Where do I start? Is price an indication of quality? The importance of a good fit between you and your lawyer. The importance of trust and word of mouth. Don’t be intimidated, you can do this! Thank you for listening!
Hello! Acknowledgement of Country. This is a short and sweet episode, packed only with the barest of essentials for folks who do not yet use a password manager, and who still, as I used to, deeply resent two-factor authentication. Here is Lawcover’s cyber health check: https://lawcover.com.au/cyberriskassessment/assessment
Hello! Acknowledgement of Country. A no-frills outline of the Australian Capital Territory’s Sexuality and Gender Identity Conversion Practices Act 2020. If discussion of conversion practices causes you distress, consider calling Lifeline on 13 11 14.
Acknowledgement of Country. R U OK? DAY 2020. It’s okay not to be okay! If you need to talk to Lifeline, call them on 13 11 14. Talking frankly about mental health makes you a better lawyer. Importance of a sense of community. Anecdotes about life’s ups and downs. Why having experienced mental health difficulties can be an asset. Talk about it, and most importantly, don’t be afraid to ask yourself: R U OK?
Acknowledgement of Country. Review of Ask the Specialist. In short, go download this 7-episode podcast series! It’s a cultural education series for doctors and other health professionals at the Royal Darwin Hospital, but the lessons are almost universal. The Specialists are Larrakia Elder Aunty Bilawara Lee, Tiwi Elder Pirrawayingi Puruntatameri and Yolŋu leader Rarrtjiwuy Melanie Herdman. For more information: www.menzies.edu.au/page/Research/Projects/Primary_health_care/Ask_the_Specialist_a_cultural_education_podcast/
Acknowledgment of Country. Brief outline of what a war crime is. Brief history. Importance for the future. Those who do not remember the past are doomed to repeat it. Did you know, that’s a slight misquote of Santayana but I like it better.
Welcome to this special episode! Acknowledgement of Country. What is Wear it Purple Day? Learn how this episode will make you 100% more awesome. Be fantastic on 28 August 2020. Resources: wearitpurple.org minus18.org.au Lifeline 13 11 14
Acknowledgment of Country. Have you ever wanted to put a pin in a long held ambition? Changing your mind is not giving up or failing. Sometimes it’s hard for people like lawyers and other overachievers to let themselves do something that makes them happy. This episode is for those people (and I wish younger me could have heard it about 5 years ago).
Acknowledgment of Country. What are references? Why use them in a plea in mitigation? Who can write one? Where can I see an example? If you are a referee, tell the truth. If you can’t truthfully say something good, don’t write a reference. Thank you for listening!
The age old question. Acknowledgement of Country. Listen to find out what often works well. Feel more comfortable in Court.
Acknowledgment of Country. Professional negligence and some common case studies. Lawyers, say no when you need to, and communicate frankly with your clients. Clients, your lawyers care about you.
Acknowledgement of Country. Shout out to Legal Aid and Aboriginal and Torres Strait Islander Legal Services. Information from the Law Society of NSW: DO NOT speak with police, instead politely insist on calling a lawyer and getting legal advice before you decide what else to do. In summary, politely decline to speak to police and call a lawyer.
Acknowledgement of Country. What is doli incapax? Is it working for us? Age of criminal responsibility - should we raise it? Thank you for listening!
Acknowledgement of Country. What the heck is an amicus curiae? Metaphors about pottery and jigsaws. Thank you for listening and take care!
Content warning: sexual harassment. Acknowledgement of Country. What is sexual harassment? Sex Discrimination Act 1984 gives a definition. How can we do better? If you need to talk to Lifeline Australia, please call 13 11 14
Acknowledgement of Country. Criminal law: High Court of Australia decision of 30 June 2020. Prosecutorial discretion. Duty of fairness. What does this decision mean? Why is it important? How does it reflect our system of justice?
Acknowledgement of Country. Data shows how Aboriginal and Torres Strait Islander drivers are policed in Western Australia. Article dated 5 February 2020 by C Wahlquist in The Guardian: “Aboriginal drivers in WA more likely to get fines from police officers than traffic cameras”. Why do human police issues fines to Aboriginal drivers at a higher rate than traffic cameras? When traffic cameras are doing the policing, Aboriginal drivers received slightly fewer penalties on average than non-Aboriginal drivers. Compare that to Aboriginal people receiving 3.2 times more driving fines from human Police. Thank you to our community legal centres, legal aid services and Aboriginal and Torres Strait Islander Legal Services. Shout out to the MULLEUN MURA ABORIGINAL AND TORRES STRAIT ISLANDER WOMEN’S ACCESS TO JUSTICE PROGRAM at the Women’s Legal Centre ACT and region.
Acknowledgement of Country. Guardian Australia article 10 June 2020 by M MCGowan and C Knaus: “NSW police pursue 80% of Indigenous people caught with cannabis through courts”. Let’s consider why this New South Wales Police discretion is being used differently. Donate to Aboriginal and Torres Strait Islander Legal Services. NSW and ACT: https://www.alsnswact.org.au/donate
Acknowledgement of Country. 3 June 2020 decision of High Court of Australia in Binsaris v NT [2020] HCA 22. Battery. CS gas (form of tear gas) used by prison officer in youth detention centre. Broader issues involving: Children. Aboriginal and Torres Strait Islander overrepresentation in criminal justice system. Racism. Age of criminal responsibility. Walk a mile in someone else’s shoes. Thank you for listening.
LIFELINE 13 11 14 CONTENT WARNING: discusses suicide, homicide, violence, trauma, client and lawyer mental health. If this distresses you or you otherwise need to talk to someone, please call LIFELINE 13 11 14. Welcome. Acknowledgement of Country. Duty of confidentiality to clients. Exception for preventing threat of imminent serious physical harm to client or another person. What does this mean in plain English? Brief examples. Coping resources. Take care of yourself, and ask for help if you need it or are unsure. You are important and valuable!Lifeline is available 24 hours per day on 13 11 14.
Welcome, Acknowledgment of Country. Bonus content: wise words written by the Honourable Michael Kirby about Cambodia and its rebuilding of the legal system in 1996. Subpoenas essential to the rule of law.
Welcome. Acknowledgement of Country. What in the heckin’ heck is a subpoena? Subpoenas to produce documents. Subpoenas to attend and give evidence. Why might you need legal advice about a subpoena? Thank you for listening and take care!
This episode discusses deceased persons. Acknowledgment of Country: Biripai nation near Taree. Let’s all be better this Reconciliation Day. Let’s all do better every day.
Acknowledgement of Country. Amazing Canberra Community Legal Centres and Legal Aid have partnered to bring you: canberracovidlegalhelp.org.au Made by Canberra Community Law and their legal partners, Legal Aid ACT, Women's Legal Centre ACT, Economic Justice Australia and Care Inc Financial Counselling Service. Website will be continually updated with resources. You can access the website at canberracovidlegalhelp.org.au
Welcome. Acknowledgment of Country. Why do we have a Constitution? The Australian colonies. Separation of powers between the Commonwealth and the States (and Territories). All underpinned by the racist myth that Aboriginal and Torres Strait Islander people could and should be ruled by the British.
Welcome. Acknowledgement of Country. What is a case theory? Use by lawyers. Use by investigators. Lindy Chamberlain. Keli Lane. People who do not act the way society expects them to. Unconscious bias. The importance of diversity. Shout out to community legal centres.
Hello. Acknowledgement of Country. Public health and noise. Noise and you. Stay safe and look after your health!
CONTENT WARNING: sexual assault. Book review of KNOW MY NAME by Chanel Miller. Also known as Emily Doe of the viral victim impact statement about the Stanford Campus assault. Acknowledgement of Country. Why you should read this book even though it’s heavy going. Resources: Lifeline 131114. Look after yourselves, friends
Welcome. Acknowledgement of Country. COVIDSafe app. What are the key legal implications for the everyday person? Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 5 Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020. Take care in this challenging time!
Acknowledgement of Country. Legalese. What is a retainer? What does pro bono mean? Shoutout to community legal centres especially Canberra Community Law and Women’s Legal Centre ACT.
Hello. Hearsay: expect a heckin’ bamboozle. Acknowledgement of Country. The myth of hearsay. Business records. Tongue twister: hearsay for a non-hearsay purpose. Thank you, and goodbye, brave souls.
Hello. Acknowledgement of Country. What is fitness to plead (and fitness to stand trial)? What factors might make me question a client’s fitness to plead or stand trial? The importance of experts. Keeping your eyes open as the trial proceeds. Thank you and goodbye!
Acknowledgement of Country. Siri interrupts. What is joint criminal enterprise? Agreeing to commit a crime. Bend and snap. Premeditated or spontaneous. Is this law fair? Until next time!
Hello! Acknowledgement of Country. Never lick doorknobs. Be excellent to each other! Bye bye.
Welcome. CONTENT WARNING: sexual assault. Acknowledgement of Country. What is consent at law? What can we learn from the kink and BDSM community? What is a positive consent standard? Lifeline: 131114
Content warning: child sexual abuse. Please call Lifeline on 131114 if you need to. Acknowledgement of Country. Brief explanation of the decision for non-lawyers. No detail of the allegations is discussed but the type of charges are stated. Juries. Proof beyond reasonable doubt.
Welcome. Acknowledgement of Country. Instructions - what are they? A shallow dive into the world of “instructions” as the word is used by lawyers. No mere mouthpiece! Thank you and goodbye!
Check in with your Law Society as to whether this self-study podcast will fulfil your Ethics CPD requirement. This presentation will not set your world on fire, but it will give you over an hour of quality ethics content. I have created it to try to lift one burden off your shoulders during this pandemic - that is, your ethics CPD obligation.
Welcome! Acknowledgement of Country. Pronouns! Gender neutral language. Why do we want to get this right? Hint: to be a great human and respect your fellow humans on this rock we call home. Roller derby interlude. Resources to help you adapt to using pronouns respectfully! Thank you and goodbye.
Hello! Acknowledgement of Country. Sleep - a love story. Severe obstructive sleep apnoea. Hope! Farewell.
Welcome. Acknowledgement of Country. Poverty. Human dignity. Empathy. Thank you and farewell.
Welcome. Acknowledgement of country. What is a good day in the life of a criminal defence lawyer? Individualised sentencing. The small wins. Farewell!
Welcome. Acknowledgment of Country. What is client legal privilege. Isn’t it lawyer-client privilege? Why do we have client legal privilege? Lawyer X. Rule of law. Farewell!
Welcome. Acknowledgement of Country. What is personal injury law? Physical and mental injuries. Values underpinning personal injury law. Hypotheticals about me as a plumber. Muffled talking and construction noise. No win no fee - or is it? Rule of law, Access to justice. Farewell.
Welcome. Acknowledgement of Country. Shoutout to community legal centres, Legal Aid and Aboriginal Legal Services. Mangling legal Latin. What is the Magna Carta? Why should I care? What is the rule of law? Impeachment of US President Trump. Rule of law as a value. Call to action to preserve and promote the rule of law. Farewell. Please note: a practical way to promote the rule of law is to support Aboriginal Legal Services, Legal Aid and community legal centres. Google them and make a donation to these vital, but underfunded services
Content warning: domestic violence. Welcome. Acknowledgement of Country. What is the probing effect? An example of where it might play out in Court: cross-examination in a self defence case. Barely suppressed coughing and inelegant law-talking. A call to action: how can we improve our adversarial system. Farewell.
Welcome. Acknowledgement of County. Community legal centres are amazing. What is truth default theory? The value of skepticism. Politics. Climate change. Genocide of Aboriginal and Torres Strait Islander People in Australia. Dr Timothy R. Levine as the proponent of this communications theory that is truth default theory. Farewell and bonus episode to follow. Bonus construction noise and cough suppression.
Acknowledgement of Country. Touching on the age-old question, “How can you represent someone you know is guilty?”. A brief talk about the paradigm of innocent until proven guilty. A small cat miaows in the background. Terminology: complainant and victim and why they are used. Legal Ethics. Shoutout to Legal Aid and Community Legal Centres, and farewell.
A brief welcome, an acknowledgement of Country, and a chat (with myself, monologue-style) about inclusion in the legal profession. Some cats walk in the background. I do not apologise. A farewell and an acknowledgement of Aboriginal and Torres Strait Islander communities whose culture remains strong despite genocide and settlership.