Law Report - Separate Stories Podcast

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?