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Law Report

Law Report

255 episodes — Page 3 of 6

How does a judge know if an offender is truly sorry?

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?

Jul 16, 202428 min

Children and medical consent

In a dispute over the medical treatment of a gravely sick child, who gets the ultimate say? Three recent court rulings in New South Wales deal with this profoundly difficult issue.

Jul 9, 202428 min

A deep dive into diplomatic immunity

The case of the careless driver with diplomatic immunity who soured Britain's relationship with the US. And the former high commissioner in Canberra who was held accountable for exploiting a domestic worker.

Jul 2, 202428 min

Should foreign judges sit on Hong Kong's highest court? Anti-discrimination laws in religious schools

Two English judges have resigned from Hong Kong's Court of Final Appeal. Should four Australian judges stay or go?The Australian Law Reform Commission has made a set of recommendations on how anti-discrimination laws should operate in religious schools.

Jun 25, 202428 min

How stressful is it to be a judge or magistrate?

New research examines the impact of heavy workloads on the well-being of judicial officers and the quality of justice delivered.

Jun 18, 202428 min

Protecting First Nations sacred sites: are Australian laws fit for the task?

Traditional owners have welcomed an announcement by Parks Australia that it would plead guilty to damaging a sacred site at Gunlom Falls in Kakadu National park. The move follows a landmark High Court decision which found that statutory bodies can be held criminally liable for damaging cultural sites.

Jun 11, 202428 min

BAD NEIGHBOURS S2 E5 | Fences

Bad fences make bad neighbours! The Law Report explores your rights and responsibilities when it comes to fences and boundaries.

Jun 5, 202412 min

Trump's legal woes; Bad Neighbours: fences

What are Donald Trump's legal options after the former US president was found guilty of falsifying business records in the 'hush money' trial?

Jun 4, 202428 min

BAD NEIGHBOURS S2 E4 | Cars and apartments

From abandoned cars to electric vehicle charging, the Law Report shifts gears on your rights and responsibilities when it comes to cars in strata blocks.

May 29, 202412 min

Can X be held liable for publishing hate speech in Australia? Bad Neighbours: cars & apartments

In a legal first, a Queensland tribunal finds the social media platform formerly known as Twitter can be held liable for hate speech published on the site. Can a victim of road rage claim workers compensation? And the Law Report drives around the frustrations of cars in apartment blocks.

May 28, 202428 min

BAD NEIGHBOURS S2 E3 | Surveillance cameras

Do you ever feel like you're being watched? The Law Report zooms in on curious neighbours and talks to experts about your rights and responsibilities when it comes to residential surveillance cameras.

May 22, 202412 min

UK court ruling paves way for new Assange appeal against extradition; Bad Neighbours: surveillance cameras

Britain's High Court has ruled that WikiLeaks founder Julian Assange can bring a new appeal against extradition to the US on espionage charges. Also in the program, a legal decision that could be a game changer for hundreds of Australians who developed lung cancer after being exposed to asbestos.

May 21, 202428 min

BAD NEIGHBOURS S2 E2 | Water

The Law Report follows the flow of cases that create waves between neighbours and talks to experts about your rights and responsibilities when it comes to water.

May 16, 202411 min

War crimes whistleblower David McBride sentenced; Bad Neighbours: water

Former military lawyer David McBride has been sentenced to five years and eight months in prison for leaking classified documents that exposed allegations of Australian war crimes in Afghanistan.

May 14, 202428 min

BAD NEIGHBOURS S2 E1 | Smells

Everybody needs good neighbours, but what do you do if yours are big stinkers? In the first of our six-part series, The Law Report sniffs out the neighbourhood smells that have landed in court, so you know where you stand with the law and the pong next door.

May 8, 202412 min

The end of non-compete clauses? Bad Neighbours: smells

Should an employer be able to restrict your future work options?When you are fighting with your neighbour over things like fences, cameras or cars, whose side is the law on?

May 7, 202428 min

Tikanga: Incorporating Māori concepts in NZ common law

Justice Joe Willams, the first Māori member of NZ's Supreme Court, speaks to Damien Carrick about how courts in his country are adopting First Nations concepts in the common law.

Apr 30, 202428 min

Jury selection in Trump's 'hush money' trial; monitoring dangerous offenders after release from prison

Donald Trump's high profile criminal trial gets underway in New York. And meet the tough former prosecutor who became responsible for monitoring the reintegration of Victoria's most dangerous criminals.

Apr 23, 202428 min

Judge rules, on balance of probabilities, Lehrmann raped Higgins

In a high-profile defamation case, justice Michael Lee found that former political staffer Bruce Lehrmann, on the balance of probabilities, raped his then colleague Brittany Higgins inside Parliament House in 2019.

Apr 16, 202428 min

Do Queensland's criminal defence laws need to be reformed?

If someone is charged with a violent crime like murder or assault, what defences can they argue? That depends on what part of Australia you live in.The Queensland Law Reform Commission is conducting a review of the criminal defences which operate in that state – some of them very controversial. Warning: this episode contains descriptions of violence, including murder, assault and domestic violence.

Apr 9, 202428 min

Two hundred years of the NSW Supreme Court

Next month, the Supreme Court of New South Wales marks its 200th birthday. A new book, Constant Guardian: Changing Times, tells the history of the court. In his first extensive interview since his appointment in 2022, NSW Chief Justice Andrew Bell tells Damien Carrick about some of the significant trials discussed in the book.

Apr 2, 202428 min

Movements in work safety: Victoria's first industrial manslaughter prosecutions and feedback on OH&S laws

The Law Report makes the law accessible.

Mar 26, 202428 min

Protecting IP rights: a guide for divorcees and inventors

Dividing up intellectual property rights in a divorce settlement. And the case of a mining equipment company that legally can't stop competitors from copying its invention.

Mar 19, 202428 min

"Trapped in silence": The campaign to end NDA misuse

The global campaign to end the misuse of non-disclosure agreements. And record damages awarded in a sexual harassment case make it clear courts won't tolerate employers who intimidate complainants.

Mar 12, 202428 min

Non-disclosure agreements in sexual harassment cases

How are non-disclosure agreements used in the settlement of sexual harassment claims? Damien Carrick speaks to the co-authors of a new study, "Let's talk about confidentiality".

Mar 5, 202428 min

Do we have healthy industry competition in Australia?

Do we have healthy industry competition in Australia? Do we have the right regulatory framework? Damien Carrick speaks to the chairwoman of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb.

Feb 27, 202428 min

Julian Assange: Will Britain's High Court approve new appeal against US extradition?

Lawyers for Julian Assange will appear in Britain's High Court this week in what could be the final attempt to stop the WikiLeaks founder from being extradited to the United States, where he faces espionage charges.

Feb 20, 202428 min

Mother of US school shooter found guilty of manslaughter; the death penalty in China

Should a parent be held legally responsible for the crimes of their child? And Australian writer and academic Yang Hengjun is given a suspended death sentence in China after being found guilty of espionage.

Feb 13, 202428 min

Derek Bromley to make new parole bid 40 years after murder conviction

After 40 years in jail — a new attempt to secure parole for the man said to be Australia's longest-serving Indigenous prisoner. Warning: this episode mentions Indigenous people who have died.

Feb 6, 202428 min

ICJ issues interim measures in Israel genocide case; UK faces legal challenge over Northern Ireland amnesty law

The Law Report makes the law accessible.

Jan 30, 202428 min

South Africa's genocide case against Israel at the ICJ

The International Court of Justice has held the first public hearings in South Africa's genocide case against Israel. And there's concern over the New Zealand government plan to wind back the principles of the country's founding document, the Treaty of Waitangi.

Jan 23, 202428 min

High tech solutions to age-old crime of livestock theft

'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. This episode first aired in February 2023.

Jan 16, 202428 min

Justice, but not in my language: Aboriginal interpreter shortage in NT courts

Lawyers in the Northern Territory say the shortage of Indigenous interpreters has become so critical that it's significantly contributing to the over-representation of First Nations people in the criminal justice system. This is the first in a two-part special investigation into the impact of interpreter shortages in Australian courts. This episode first aired in July 2023.

Jan 9, 202428 min

Could sending an emoji land you in legal trouble?

Think twice before you fire off that lighthearted emoji – there could be serious legal consequences. This episode first aired in August 2023.

Jan 2, 202428 min

Singing to the Sea

One year has passed since the Federal Court confirmed native title over more than 40,000 square kilometres of sea country in the Torres Strait region. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial evidence in the proceedings. Damien Carrick travelled to Waibene, or Thursday Island, to attend the outdoor sitting and to speak with Traditional Owners. This episode first aired in December 2022.

Dec 26, 202328 min

'Sovereign citizens' in the courts

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? This episode first aired in May 2023.

Dec 19, 202328 min

Avoiding the legal risks of office Christmas parties

After a long Covid hiatus the office Christmas party is back with a vengeance. We all want to enjoy ourselves, but also have to be mindful of the risks.

Dec 12, 202328 min

Grant Donaldson SC on balancing open justice and national security

The outgoing Independent National Security Legislation Monitor's final report recommends an overhaul of legislation that Grant Donaldson says can be 'unnecessary and oppressive'.

Dec 5, 202328 min

Battle of the burger chains; hundreds sentenced in Italy mafia trial

Hungry Jacks has won a legal fight against McDonalds over the use of its Big Jack and Mega Jack trademarks. And a court in Italy has handed prison sentences to more than 200 people over their links to the ‘Ndrangheta crime group.

Nov 28, 202328 min

Jurors who do their own research; prosecuting violence in sport

If a juror does their own research in a trial, does that mean that any guilty verdict reached by the jury is dangerous and should be quashed? And a look at when violence in sport crosses the line and becomes a criminal law matter.

Nov 21, 202328 min

Why did the High Court rule indefinite immigration detention unlawful?

In an historic decision, the High Court has ruled that indefinite immigration detention is unlawful. And could convicted terrorist Abdul Nacer Benbrika be released following a successful appeal against a conviction that saw him stripped of Australian citizenship.

Nov 14, 202328 min

Naming sexual assault suspects in the media; surveillance in the workplace

When should the identity of an accused facing sexual assault charges be named in the media? And how closely can your employer monitor you?

Nov 7, 202328 min

Judicial capacity building in the Pacific

What are the unique challenges facing justice systems in the Pacific region?

Oct 31, 202328 min

Chief Justice Susan Kiefel speaks to the Law Report

In a wide-ranging interview, the outgoing High Court Chief Justice Susan Kiefel speaks to Damien Carrick about her unlikely journey to the top judicial job, women in the law, and her support for joint judgments.

Oct 24, 202328 min

Voice referendum aftermath; Queensland introduces legislation to criminalise coercive control

What can Australia learn from the outcome of the Voice referendum? And Queensland's government has introduced legislation to make coercive control a standalone criminal offence.

Oct 17, 202328 min

Constitutional implications of Indigenous Voice proposal; could pill testing save lives?

In the lead-up to the referendum vote, the Law Report discusses the constitutional implications of the proposal for an Indigenous Voice to parliament. Also in the program, could pill testing of illicit drugs save lives?

Oct 10, 202328 min

Disability royal commission delivers findings; 'Fake nurse' jailed in Australian legal first

What recommendations does the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability make in its final report to the federal government? And, in a legal first, a South Australian woman has been sent to jail for impersonating a registered health practitioner.

Oct 3, 202328 min

Victorian nurse becomes first voluntary assisted dying patient to donate organs

For the first time in Australia, a patient who chose to undergo voluntary assisted dying has donated their organs for transplant. So, how did the strict legal and regulatory frameworks governing the processes in Victoria interact in this case?

Sep 26, 202328 min

'Voices' to parliament in Scandinavia

The Law Report makes the law accessible.

Sep 19, 202328 min

The Voice and how Indigenous knowledge can help close the gap

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.

Sep 12, 202328 min