
Law Report
255 episodes — Page 5 of 6
UN calls for unlimited access for team inspecting detention facilities
The UN is urging Australian governments to offer unlimited access to UN inspectors visiting prisons and other detention facilities around the country. And Justice Jayne Jagot has been sworn in as the newest member of the High Court and for the first time a majority of the sitting judges on Australia's highest court are women.
Lawyers 'pressure test' Indigenous voice proposal; how should judges be appointed?
What do Australia's leading lawyers think about the Federal Government's plan to enshrine a First Nations' voice to parliament in the constitution? The country's top legal minds have been meeting to 'pressure test' the draft model. And how should judges be appointed?
Does the Government's proposed anti-corruption legislation go far enough?
Does the Federal Government's draft legislation for a national anti-corruption commission go far enough? And retired UK Supreme Court judge Lord Jonathan Sumption speaks to the Law Report about Julian Assange's fight against extradition to the US, the arrests of protesters following Queen Elizabeth's death, judicial appointments, and Brexit.
Police body cameras in domestic violence incidents
When police are called out to a domestic violence incident, do officers' body-worn video cameras always capture an accurate and complete record of what's taking place?
Fears states could expand use of 'post-sentence' detention after Garlett ruling
The High Court has upheld the constitutional validity of West Australian legislation that allows prisoners to be held in indefinite detention if a judge finds they could be at risk of committing a serious offence. It's feared the verdict may open the door for other states to expand the use of 'post-sentence' detention laws.
The Queen's role in Australia's constitution
A look at the legal and constitutional role of Britain's Queen Elizabeth II. And the Commonwealth Ombudsman Iain Anderson discusses the expected visit to Australia by the UN Subcommittee on Prevention of Torture.

Judicial review to examine 'Croatian Six' convictions
The New South Wales Supreme Court has ordered a judicial review into the convictions of the so-called 'Croatian Six'. Justice Robertson Wright said there are doubts and questions about the evidence used to convict the men in 1981.
Chris Dawson trial: former teacher found guilty of wife's murder
New South Wales Supreme Court Justice Ian Harrison has found former teacher Christopher Dawson guilty of murdering his wife Lynette, who disappeared in 1982. And calls for legislative change to help relieve Centrelink debt for people fleeing family and domestic violence.
Government releases legal advice on Morrison's secret ministerial appointments
The Federal Government has released legal advice from the Solicitor General regarding the former prime minister Scott Morrison's move to secretly appoint himself to multiple ministries. And the High Court has ruled in favour of internet giant Google in a defamation case involving a Melbourne lawyer.
High Court rejects activists' challenge to NSW surveillance laws, and women bring prison stories to the stage
Should activist groups be allowed to use secretly filmed footage to expose the treatment of animals at farms and abattoirs? And Somebody's Daughter theatre company returns to the stage with stories of women's lives in prison, co-written and performed by former inmates.
Life, death and the law
When parents and doctors disagree, how do courts decide whether to withdraw life support from a hospitalised child? The creation of a federal judicial commission is among the recommendations of the Australian Law Reform Commission's report on judicial impartiality. The high-profile defamation litigation between billionaire politician Clive Palmer and WA premier Mark McGowan has ended in a draw.

Legal decisions and analytics
Should researchers collect and publish statistics which reveal how judges and tribunal members decide refugee cases? Is this a way of understanding legal decision making or does it risk undermining confidence in the justice system?

Who should be held legally liable for accidents involving e-scooters?
Electric scooters are becoming an increasingly popular form of transport, but there is a confusing mosaic of laws that regulate their use across Australia. So, when accidents happen – who should be held legally liable?

Queensland bans 'claim farming'; should media coverage affect sentencing decisions?
Queensland has introduced laws to crack down on 'claim farming', a practice where members of the public are contacted and encouraged to make compensation claims. And a new study has found 'inconsistencies' in the way courts consider the possible impact of media coverage on sentencing decisions.

Vanuatu's push for international court action on climate change
The small Pacific island nation of Vanuatu is behind a campaign to raise the issue of climate change before the International Court of Justice. And how should culturally sensitive historical photographs be handled? A leading US university is sued for allegedly causing emotional distress.

Victoria's Nazi swastika law prompts call for national ban
An in-depth look at Victoria's law to ban the public display of the Nazi swastika amid calls for the Federal Government to legislate a national ban on the symbol. And the case of a West Australian man who spent more than a decade in prison for a crime he didn't commit has led to new legal avenues for appeal for others who may have been wrongfully convicted.

Attorney General Mark Dreyfus speaks to the Law Report
Reforming the Public Interest Disclosure Act "is a significant matter because it is linked to the national anti-corruption commission that we hope to legislate this year," the federal Attorney General Mark Dreyfus has told the Law Report. In a wide-ranging interview, Mr Dreyfus outlines his legislative priorities, including reforming the Privacy Act, media freedoms, and a review of the Administrative Appeals Tribunal.

Can machines invent, and animals create?
Should we grant patents to Artificial Intelligence algorithms? Should machines have copyright over the art works they generate? What about animals?

High Court curbs minister's citizenship powers, and landmark ruling on unpaid wages
The High Court has ruled that a decision by the former Home Affairs Minister Karen Andrews to rescind the citizenship of an Australian man suspected of joining the Islamic State group was unconstitutional. And, for the first time, unpaid workers can pursue the director of a collapsed company in the small claims tribunal of the Federal Circuit and Family Court.

Judge v jury trials
Why did actor Johnny Depp's defamation case against his former wife Amber Heard succeed in the US after failing at a similar trial in the UK? And a man ordered to face trial before a judge alone under the ACT’s pandemic emergency law says he was denied the right for his case to be heard by a jury. But does such a legal right exist in Australia?

Fiji environmental crime verdict 'sets precedent'
Freesoul Real Estate has days to appeal a ground-breaking fine imposed by Fiji's High Court after the Chinese resort developer carried out unauthorised works on a remote island. And environmental law in the Pacific.

Radio on the inside
The world's only nationwide in-house prison network broadcasts 24 hours a day and is produced by and for inmates.

When is a de facto relationship over?
A High Court decision raises questions about how a de facto relationship is defined, and what happens when a person’s mental capacities decline with old age. And, if a person granted humanitarian protection by Australia commits a serious crime, can they be deported to a conflict zone?

Fears US Supreme Court will overturn Roe v Wade after draft opinion leaked
The publication of a leaked draft opinion by conservative judge Samuel Alito has sparked fears the United States Supreme Court could overturn a landmark decision that enshrines abortion rights for women.

Russia accuses NATO of 'proxy war' in Ukraine, and juror misconduct
Does NATO’s increasing military support for Ukraine amount to waging “a proxy war against Russia”? And the High Court has overturned a number of sex offence convictions of a tutor due to juror misconduct.

Employer liability for psychiatric injury
When is an employer liable for psychiatric injury sustained in the workplace?

Why gender diversity on the bench is important
In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making.

How Afghan women judges found safety in Australia
In the first of a two-part series on women judges, the Law Report introduces judge Shakila Abawi Shigarf, who was forced to flee Afghanistan when the Taliban retook power in August 2021.

Cheng Lei awaits China trial verdict, and Vic court rules on wind farm noise
The national security trial of Australian journalist Cheng Lei in China. And two Victorian farmers have won a legal battle over noise pollution against a neighbouring wind farm.

'Predatory lending', and supporting Indigenous people in NT watch houses
The High Court has ruled that a lender engaged in 'unconscionable conduct' by approving an asset-based loan to an unemployed man. And a look at how the Northern Territory Custody Notification Service supports Indigenous people detained in watch houses.

Gathering evidence of possible war crimes in Ukraine
A former war crimes judge and prosecutor explains the challenges of collecting evidence in a conflict zone. And the humanitarian crisis spreading beyond Ukraine's borders as Russian forces intensify their attacks.

The legal needs of flood victims, and Kumanjayi Walker murder trial aquittal
Severe flooding in New South Wales and Queensland has created a range of tenancy and insurance issues for people in affected areas. And a view from inside the court where Northern Territory police officer Zachary Rolfe was acquitted of charges in the shooting death of Aboriginal man Kumanjayi Walker.
Ukraine: how clear are the laws of war? And women's rights to inherit land
As the war in Ukraine escalates, what does international law say about humanitarian corridors, civilian combatants and prisoners of war? And why dozens of countries don't allow women the right to own and inherit land.

ICC to launch Ukraine war crimes probe, and NSW Chief Justice Tom Bathurst retires
As the International Criminal Court announces plans to investigate possible war crimes in Ukraine, what help can the country expect from international law frameworks and rules-based systems? And a wide-ranging interview with the Chief Justice of the New South Wales Supreme Court, Tom Bathurst, who is retiring after more than a decade in office.
Sandy Hook settlement, and pets in family law disputes
Could a US$73 million settlement for relatives of the 2012 Sandy Hook school massacre open the door for other lawsuits against US gun manufacturers? And who gets the furry babies when a couple divorces?
High Court rulings clarify contract worker status
The High Court has delivered two judgments that help clarify the legal distinction between the status of a contract worker and a employee, with potential long-term implications across Australian workplaces. Also in the program, a neighbourhood dispute that grew 'out of all proportion' ends in the New South Wales Supreme Court.
Are Australia's political donation laws fit for purpose?
The Australian Electoral Commission has revealed that 10 donors account for a quarter of donations made to the country's political parties in the 2020-21 financial year. According to the Commission, the source of one third of all political income remains undisclosed. What does the data reveal and what does it hide? And what does it say about the rules governing political donations?
When does misrepresenting professional experience become a criminal offence?
When does inflating professional skills and experience cross a line to become a criminal offence?
Deporting Djokovic, and Catholic diocese found vicariously liable in historical child sex abuse case
The Federal Government's move to deport Serbian tennis player Novak Djokovic from Australia has highlighted the scope of discretionary powers held by the immigration minister. And the Supreme Court of Victoria sets a legal precedent in what is believed to be the first ruling to find a Catholic diocese in Australia 'vicariously liable' for child sexual abuse committed by a priest decades ago.
Crime and justice in the Torres Strait, and Cape York’s Licensing Muster program
According to a study which explores how the Torres Strait's unique culture, geography and colonial experience has shaped the current crime and justice landscape, property crime in the region is very low. And the innovative Licensing Muster Project is helping Indigenous people living at the top of Cape York obtain birth certificates which are required when applying for a drivers licence.
Inside Thomas Embling Hospital, a forensic health facility
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.
Court rules couples can conspire, and how brain implants might transform criminal law
The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neurotechnologies.
How itchy underpants created Australia's consumer laws
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.
'Squatters' rights', and UK health laws
The Law Report revisits a New South Wales Supreme Court ruling against a retirement village developer that claimed ‘squatters' rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in Britain's health laws.
US trademark dispute threatens ugg boot business, and deportation fears for returned prison escapee
A Sydney ugg boot maker says his 40-year-old business is at risk of bankruptcy following a trademark dispute in the United States courts. And can Australia deport a prison escapee, who surrendered after 30 years on the run, to a country that no longer exists?
Sue Neill-Fraser loses appeal against murder conviction
Tasmanian woman Sue Neill-Fraser's latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?

Could AI help make the law more accessible for disabled people?
Could ‘chatbots’, a form of artificial intelligence technology, help make the legal system more accessible for people living with disabilities?
'Body modification' on trial
In a precedent-setting case, a New South Wales judge has found self-proclaimed extreme body modification artist Brendan Leigh Russell guilty of female genital mutilation, grievous bodily harm, and manslaughter. Is consent a valid legal defence when cosmetic 'body modification' procedures go wrong?
Adriana Rivas mounts new appeal against Chile extradition
Should Sydney woman Adriana Rivas, who is accused of being a Pinochet-era intelligence agent, be extradited to Chile over alleged crimes against humanity? The full bench of the Federal Court is set to hear her latest appeal this week. And calls for Australia to investigate allegations of war crimes and crimes against humanity in communities with links to conflict zones.
Reforming NSW sexual consent laws
What impact could proposed changes to New South Wales consent laws have in delivering justice to victims and survivors of sexual assault?