Law Report - Separate Stories Podcast

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?

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.

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?

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.