The Wigs

Royal commissions are on the increase and never far from the news. Post the Bondi terrorist attack one or course was established and its operation and findings will be of great national interest. In this episode the Wigs draw on numerous examples and look at the history, purpose and effect of the institution of the Royal commission.See omnystudio.com/listener for privacy information.

In this episode the Wigs dig into some of the legal and factual issues surrounding the extraordinary US military operation that captured sitting Venezuelan President Maduro in the early hours of 3 January 2026 and transferred him to New York to face an indictment alleging drug trafficking. Was the operation legal? What are the charges and what are the prospects of a successful defence? The episode provides a brief outline of these issues as the world awaits what will be a fascinating and complex criminal prosecution.See omnystudio.com/listener for privacy information.

In this episode, Stephen and Felicity are joined by the Hon. Steven Warmsley, former District Court judge, Senior Counsel, and author. The trio explores the arc of Warmsley's legal career, from solicitor to silk to judge, and unpacks the practicalities and philosophies of fearless advocacy.  See omnystudio.com/listener for privacy information.

In this episode, two Members of the Legislative council, our own Stephen Lawrence and the Honourable Jeremy Buckingham MLC, Legalise Cannabis Party, sit down for a long chat. Felicity is present for the beginning of the chat, but had to depart, leaving the two MLC's to do what MLC's do best, talk a lot. The conversation begins with some law reform legislation that Jeremy is advocating for, but then moves on to a discussion of Jeremy's fascinating life and political story, including the brutal political battle that led him to leave the Greens as a first-term MP. It concludes with a discussion of the work Jeremy is doing to expose what he believes is the truth about serial killer Ivan Milat.See omnystudio.com/listener for privacy information.

In this episode, the Wigs discuss the decision in Mokbel v The King [2024] VSC 725, in which questions relating to an appeal by Antonious Mokbel arising out of the Gobbo saga in Victoria were determined by Justice Fullerton.  Shortly after the Wigs recorded this episode, the Victorian Court of Appeal granted Mokbel bail pending determination of his appeal, citing the findings made in the reference favourable to Mokbel and finding that there were exceptional circumstances justifying the grant of bail. Not long after he was granted bail, the Victorian DPP announced they were appealing the decision discussed in this episode.  The long saga continues…See omnystudio.com/listener for privacy information.

In this episode the Wigs discuss a trio of recent high court decisions that deal with a pretty new question, when can a civil claim for sexual abuse said to have occured many decades ago be fairly tried, even when the alleged assailant has died and much related evidence lost. This question has emerged following the abolition by state parliaments of statutes of limitation, that previously prevented such "historical" claims from being advanced. The discussion touches on a number of fundamental legal questions including what is a fair trial, what is abuse of process and how and when can the parliament legislate to effectively alter these principles. The cases discussed are Willmot v The State of Queensland [2024] HCA 42, RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 and GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore[2023] HCA 32. Now,See omnystudio.com/listener for privacy information.

In this episode - Wigs Felicity and Emmanuel speak with journalist Paul Farrell about proactive policing particularly stop and search practices within the NSW Police Force.  Paul is an investigative reporter who has worked at the ABC, the Guardian and Buzzfeed News, breaking major national and international stories. He led the Guardian's Nauru files reporting team, which published thousands of pages of leaked documents from Australia's offshore detention regime and won a number of journalism awards.See omnystudio.com/listener for privacy information.

Our final episode for 2024! This is part 2 of our speed round - answering your questions! If you have a question for the Wigs, feel free to shout out to us onFacebook. And don’t forget to rate, review and subscribe to the podcast.  Have a happy and safe holiday break and new year to all our lovely, loyal listeners. We love you! Jim, Flic, Manny and Steve.See omnystudio.com/listener for privacy information.

As a finale for 2024, the Wigs took listener questions and answered them in a speedround. This is Part 1 of the speed round covering a range of topics from the right todisconnect as an employee, to the Disability Royal Commission recommendations,the age of criminal responsibility and the use of good character evidence in sentenceproceedings. If you have a question for the Wigs, feel free to shout out to us onFacebook. And don’t forget to rate, review and subscribe to the podcast. See omnystudio.com/listener for privacy information.

In this episode Stephen sits down for a wide ranging chat with Barrister Ghassan Kassisieh. The discussion is lengthy and covers lgbt rights, international politics, refugees, the politicisation of gay rights in the Israeli / Palestinian conflict and comparative law, among other things. Ghassan is a Barrister at 12 Wentworth Selbourne chambers in Sydney after being called to the Bar in September 2024. He has a public and commercial law practice. Ghassan was previously Legal Director at Equality Australia where his legal policy advocacy contributed to over 16 LGBTIQ+ legislative reforms, including Australia’s first scheme regulating medical procedures performed on intersex people without capacity to consent. Ghassan also has over 13 years’ experience working as a solicitor in commercial litigation and regulatory matters at Gilbert + Tobin in Sydney and Freshfields in London. We hope you enjoy the chat!See omnystudio.com/listener for privacy information.

It’s not every day of the week that a law is struck down as unconstitutional but that’s exactly what happened in the case of the Knitting Nanas against the State of NSW. Two Knitting Nanas Helen Kvelde and Dominique Jacobs with the help of the Environmental Defenders Office launched a constitutional challenge to s 214A of the Crimes Act 1900 that criminalised certain conduct such as remaining “near” any part of a “major facility” (such as Town Hall or Martin Place Station) if that conduct “causes persons attempting to use the major facility to be redirected”, or if that conduct caused “partial closure” of the major facility, on the basis it impermissibly burdens the implied freedom of political communication. Reacting to the win, Knitting Nana Helen Kvelde said “We are happy the court has given some acknowledgement to the democratic right to protest. But these laws to me feel like a distraction. As if both Labor and the Liberal Party are trying to get the population angry with protesters instead of angry against politicians for failing to protect us from climate emergency. I’m not sure what we can do next, but it doesn’t feel right to just let this go. We need to fight for our democratic right to protest peacefully. I wish people would understand that ultimately these laws could affect anyone – anyone the government of the day does not like.”See omnystudio.com/listener for privacy information.

In this episode the wigs analyse the latest judgment in the federal prosecution of donald trump, in which the trial judge soundly rejected his application to terminate the prosecution on the basis that the biden administration is targeting him in a selective and vindictive manner. Judge Chutkan in rejecting the application also refused the former president discovery of documents in support of his application on the basis it was not supported by sufficiently cogent evidence. The Wigs in analysing the case compare the basis on which a political prosecution can be terminated in the USA with Australia and discuss cases here that have featured somewhat similar issues. See omnystudio.com/listener for privacy information.

In this episode the wigs discuss a new police powers decision, Julie Bugmy v NSW Director of Public Prosecutions 2024 NSWCA 70, a recent decision of the NSW Court of Appeal. It concerns the law applicable when police arrest a person believed to have breached a condition of a grant of bail. Wig Stephen Lawrence actually appeared in the matter, instructed by his old employer the Aboriginal Legal Service NSW/ACT way back when it began in 2022 in the local court in Broken Hill before Magistrate Trad and the episode begins with a re-enactment of Stephen's short cross-examination of the main witness. The issues focused on in the cross-examination proved to be decisive in the appeal and concerned the legal requirements on police to consider certain circumstances and alternatives to arrest before arresting a person for breach of bail. See omnystudio.com/listener for privacy information.

In March this year, the Wigs were back to record a live show at the Reasonable Cause Continuing Professional Development Conference. The topic was Ethics for Defence Lawyers and the panel discussion you are about to hear examined the basis of ethical obligations, the nature of the fiduciary obligations lawyers have, common ethical breaches, some of the reasons why they occur, and how lawyers should respond to complaints. Reasonable Cause CPD gives 100% of its net profit to Reasonable Cause Inc., a charity that focuses on assisting disadvantaged young Cambodians to advance their education. Friend of The Wigs Mark Dennis SC runs Reasonable Cause and The Wigs are always happy to assist a very reasonable cause by donating their time. More info on reasonable cause at rccpd.net.au.See omnystudio.com/listener for privacy information.

In this episode, the wigs tackle a bill that passed the federal parliament recently and very substantially amended the part of the Criminal Code 1995 that creates crimes related to engaging in bribery in foreign countries. The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 passed the Senate on 29 February 2024. These laws implement Australia's international commitments to combat foreign bribery and impose substantial penalties on individuals and companies who engage in bribery while engaging in business overseas. The Wigs analyse the policy rationales for the laws, the elements, and some of the defences. The discussion also touches on some recent Australian prosecutions for this conduct.See omnystudio.com/listener for privacy information.

In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt.See omnystudio.com/listener for privacy information.

In this Wigs Extra Episode we present something a little unusual: a speech that Wig Emmanuel Kerkyasharian gave to the Legal Studies Association. Asked to speak about basic legal concepts in the context of the Legal Studies Syllabus, Emmanuel couldn’t resist the temptation to go philosophical, and presented a speech about what law is, and how it can be conceptualised as a meme. Many thanks to the LSA for sharing this recording with us and allowing us to present it to you. See omnystudio.com/listener for privacy information.

Welcome back to the Wigs for a brand new year! We have been on an extended summer break and hope you have enjoyed a great break too. In this episode,recorded at the end of last year, The Wigs examine a recent decision of NSW District Court Judge Newlinds in R v Martinez. The judgment has already been the subject of much media attention and concerns a successful costs application made by Martinez following their acquittal on four charges of sexual assault. The judge, in awarding a costs certificate to the accused, made scathing criticisms of the Director of Public Prosecutions and raised concerns that in sexual offence matters the DPP is applying a surreptitious and improper policy under which sexual offences are prosecuted without proper regard to the strength of the Crown case. The DPP responded furiously to the judgment publicly stating a Judicial Commission complaint would be made against Judge Newlinds. The case raises unusual factual matters and interesting legal and policy matters. Now,See omnystudio.com/listener for privacy information.

This week we are delighted to have as a guest of the Wigs, David Buchanan SC. David is a quiet and unassuming legend of the criminal law in NSW. Admitted to legal practice in 1975 and then called to the Bar in 1977, in the decades between then and now he has not wearied nor lost his zeal and professional dedication. He was appointed Senior Counsel in 1997 and has almost retired after a long career of practising as both a prosecutor and defence counsel in NSW. He has been a champion of social justice, particularly in his work for, and in, the gay and lesbian community and in response to the HIV/AIDS epidemic both in Australia and overseas. In this interview with Wig Felicity Graham, David shares his personal insights, reflects on his journey through the law, the influences on him, some of his key cases and his tips for surviving and thriving as a criminal law practitioner today. Enjoy the show!See omnystudio.com/listener for privacy information.

In this episode the wigs discuss Vanderstock and Victoria a very fiscally important recent decision of the High Court of Australia. The constitution reserves to the federal government the power to levy excises, essentially taxes on goods. The issue in Vanderstock was whether the Victorian government's electric vehicle levy, charged to owners per km of use was in fact an excise and therefore constitutionally invalid. Victoria said no, the Cth and Vanderstock said yes. In finding the levy invalid the majority departed from decades of case law and potentially fundamentally altered the fiscal balance across the federation. See omnystudio.com/listener for privacy information.