Law Report - Separate Stories Podcast

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?

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.