The Wigs

Celebrating a return to the studio, in this episode The Wigs delve into three diverse topics. First up, the limits of academic freedom as revealed in a recent High Court of Australia decision of Ridd v James Cook University [2021] HCA 32. Should academic freedom be qualified by a requirement to “afford respect and courtesy to others in one’s field of competence”? Should academics be censured, or even lose their jobs, for speaking out, being critical of others, and for attacking university administration and decision-making? Secondly, The Wigs discuss the controversial cases of Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320, in which the Plaintiffs brought a whole host of legal challenges to the NSW vaccination requirements, and spoiler, lost all of them.  Thirdly, a case about a teenage Aboriginal girl videoed by police whilst being strip searched, and whether her case could be heard by a female Magistrate. See omnystudio.com/listener for privacy information.

In this extras episode of The Wigs Emmanuel Kerkyasharian has a fascinating discussion with Edward Santow about Human rights, technology and artificial intelligence. The wide-ranging discussion touches on the robodebt saga, responsibility for algorithmic decision making, algorithmic deference & the need for the legal profession to understand more about statistics and computers as we progress into a new technological epoch.  Edward Santow was Human Rights Commissioner at the Australian Human Rights Commission from August 2016 to 28 July 2021.Since September 2021, Ed has been the at the University of Technology, Sydney, as Industry Professor – Responsible Technology.  See omnystudio.com/listener for privacy information.

In this episode, the Wigs are joined by solicitors Peter O’Brien and Stewart O’Connell to discuss the recent High Court decision about the liability of media outlets for things posted by other users in the comments on the media outlets’ Facebook pages. Peter and Stewart act for the plaintiff in the defamation proceedings, Dylan Voller.See omnystudio.com/listener for privacy information.

In this extra content interview, Wig Stephen Lawrence sits down with Alison Battison the founder of Human Rights for All, a unique Australian pro bono law firm having a major impact on Australian migration and human rights law. Human Rights for All specialise in obtaining liberty for detained asylum seekers, refugees and stateless persons. They represented AJL20 (a Syrian man whose legal travails have been the subject of two previous Wigs episodes) in his proceedings before the Federal and High Court. Stephen and Alison discuss the man behind the case and the fascinating and important issues raised by this innovative and strategic (though ultimately, sadly, unsuccessful) piece of litigation. Listeners interested in donating to Human Rights for All should head to their website www.hr4a.com.au. See omnystudio.com/listener for privacy information.

On this episode, the Wigs discuss the recent High Court decision Commonwealth of Australia v. AJL20 [2021] HCA 21, A narrow win for the Commonwealth against a refugee whose visa was canceled on character grounds, and a case that has potentially big implications for the protection of liberty in this country. Secondly, a world-first in enforcement against big tech - the Wigs delve into the Federal Court of Australia decision, Australian Competition and Consumer Commission v Google LLC (No 2) [2021] FCA 367, in which the consumer protection body, the Australian Competition and Consumer Commission succeeded in showing Google has engaged in misleading or deceptive conduct and made false or misleading representations to consumers about the personal location data the company collects, keeps and uses when using their Android phone and tablet devices. Finally, what has been described as "the most serious series of miscarriages of justice in recent English history" - a scandal which has finally been brought into the light after a long tail of destruction: "for 20 years the Post Office hijacked the English criminal justice system and used it, essentially as part of the Post Office for its own purposes. In the process, it ruined the lives and livelihoods of hundreds of innocent people". See Josephine Hamilton and Others v Post Office Limited [2021] EWCA Crim 577.See omnystudio.com/listener for privacy information.

This bonus episode of The Wigs is part of our solo Wig interview series. Felicity Graham sat down with special guest Rawan Arraf of the Australian Centre for International Justice to discuss universal jurisdiction, the crime of apartheid, the International Criminal Court’s jurisdiction over alleged offences in the occupied Palestinian Territory, the work that can be done domestically to achieve global justice and more.See omnystudio.com/listener for privacy information.

Kicking off Season 3, The Wigs Felicity Graham, Stephen Lawrence and Emmanuel Kerkyasharian (along with Jim Minns) broadcast live from lockdown with an in-depth look into the NSW public health orders that have hastily been put in place. Issues including the right to silence, the right against self-incrimination, policing in the time of COVID and the rule of law will be interesting to all. See omnystudio.com/listener for privacy information.

In this episode, the final for season 2, the wigs tackle the changes the NSW government is proposing to sexual consent laws. These changes - if passed by parliament - will require participants in sexual acts to seek "active consent" before engaging. It is a proposal that has divided the legal community and raises profound questions about the role of the criminal law:See omnystudio.com/listener for privacy information.

The Wigs LIVE! Recorded at the NSW Public Defenders conference on Sunday 14 March, 2021 before approximately 500 conference delegates. The annual PD's conference is NSW premier criminal law conference and The Wigs were certainly happy to accept the invitation.See omnystudio.com/listener for privacy information.

This episode is devoted to a recent damning report delivered to the NSW Parliament by the NSW Law Enforcement Conduct Commission following a complaint by a criminal defence solicitor in regional NSW that he had been targeted, harassed and intimidated by police officers in Strike Force Raptor - when he was simply doing his job, that is representing a client allegedly involved in an outlaw motorcycle gang.Strike Force Raptor began 12 years ago in NSW with the purpose of disrupting the illegal activities of outlaw motorcycle gangs by using intensive targeting campaigns on gang members, their family and friends or anyone associated with them.The investigation by the Law Enforcement Conduct Commission, called Operation Monza, found that the actions of the three Police officers from Strike Force Raptor had amounted to serious misconduct.The Commission held private hearings with witnesses and has prohibited the publication of the names of any of the police officers or the solicitor involved.The Wigs cannot name any parties involved but the following is a discussion of the findings and the recommendations made and what can be done to better protect the rule of law and an independent legal profession from attack.See omnystudio.com/listener for privacy information.

In this episode Wig Stephen Lawrence sits down with Barrister Douglas McDonald-Norman to talk about a fascinating figure in Indian legal history, William Broome, the British colonial judge who ‘stayed on’ in 1947 when the new Indian nation was born. Douglas McDonald-Norman practises from Eight Selborne Chambers in Sydney where he has a diverse practise including in administrative and commercial law. Their wide-ranging discussion canvasses the man, his personal life, his cases, how his story fits with different conceptions of the Indian nation as well as broader political issues such as the 1970’s ‘Emergency’ and the role of religion in Indian politics.See omnystudio.com/listener for privacy information.

The Wigs are back together live in the studio for the first time in 2021, kicking off the year with three legal controversies. First up, a look at the phenomenon of de-platforming, where social media companies restrict people's access to their platforms on account of things said in the expression of views and beliefs. Secondly, the wigs analyse a new NSW proposal to criminalise so called "coercive control", extending the criminal law to domestic violence abuse which does not involve physical violence or threats. Lastly, the Wigs examine a controversial new decision of the international criminal court in which the court's pre-trial chamber has ruled it has jurisdiction over alleged offences in the occupied Palestinian territories. And of course, stick around for fun things at the end of the episode. See omnystudio.com/listener for privacy information.

Wig Emmanuel Kerkyasharian interviews Edward Walker, an expert in medieval law, about the life of a barrister in the 1400s, historical female litigants and the development of the common law. See omnystudio.com/listener for privacy information.

In this Xmas special the wigs, with the aid of a bottle or two of French champagne, bring a close to the legal year with a discussion of three interesting legal controversies. Firstly the wigs discuss the "lawyer x" scandal in Victoria. A tale of what happened when a famous criminal defence barrister turned rogue and began secretly working for the police against her clients. Second, the wigs discuss a recent decision of the NSW court of appeal in HDI Global Specialty SE v Wonkana No. 3 Pty Ltd concerning insurance policies and the pandemic. Very much one for the contract law and statutory interpretation aficionados. Lastly, the wigs discuss a needlessly controversial nsw government policy for the "depenalisation" of drug possession offences. Strap yourselves in and get ready for a somewhat lengthy, slightly rowdy end of year Christmas special. See omnystudio.com/listener for privacy information.

In this episode the wigs are back into some complex black letter law. First up is an examination of the details of a new bill currently before the NSW state parliament which is proposed to give police sweeping new investigative powers in respect of people with drug supply convictions. A legitimate response to a social problem or another incursion into fundamental human rights? Next up is a discussion of another proposed law that will guide criminal courts as to how to take into account harm to the foetus occasioned during criminal offending. Reasonable recognition of harm or a stalking horse for the right to life lobby? Lastly the wigs discuss a recent federal court decision that examines the complex question of whether the commonwealth can detain proved refugees who have been refused visas on character grounds. See omnystudio.com/listener for privacy information.

The Wigs sat down with Geoffrey Robinson QC to talk about international law in the context of a war over Nagorno- Karabakh. Geoffrey Robertson Q.C. is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship. He is a founder and joint head of Doughty Street Chambers in London. He serves as a Master of the Bench at the Middle Temple, a recorder, and visiting professor at Queen Mary University of London. See omnystudio.com/listener for privacy information.

In this episode the wigs tackle two topical legal issues. Firstly the controversial failed prosecution of NSW Minister Don Harwin. Secondly the operation of the NSW High Risk Offender scheme, under which people are detained and monitored for being an "unacceptable risk" of further criminal offending. See omnystudio.com/listener for privacy information.

The Wigs sit down with author and fellow barrister Andrew Boe to talk about his new book The Truth Hurts - an unflinching exploration of the fault lines in our criminal justice system by an outsider who found his way in. Stick around for a reading by the author himself at the end of the Wigs’ interview with Andrew.See omnystudio.com/listener for privacy information.

The Wigs put prosecutorial fairness under the microscope. First up is a discussion of a new decision of the NSW Supreme Court in Bradley v Senior Constable Chilby, where a defendant in local court proceedings demanded disclosure of details of his accuser's history of violence, drug use and dishonesty in a case where self-defence loomed large. Secondly the wigs discuss a recent decision of the High Court of Australia in Nguyen v The Queen - which decided a long standing controversy in criminal trial law in Australia. Does the prosecution have to put into evidence an interview with an accused person who doesn't make a confession, but rather denies the commission of the offence? The Wigs examine these new and important cases in a wide ranging discussion drawing on their practical experience as Criminal Lawyers.See omnystudio.com/listener for privacy information.

The Wigs discuss the recent US Supreme Court case of Bostock v Clayton County where a US man was fired for "conduct unbecoming a county employee". Why? He joined a gay softball team. He took the county on and ended up transforming US discrimination law. To add some Australian context the Wigs also interview Assoc Professor Wayne Morgan who talks about his decades of legal activism. Lastly, we profile William Ah Ket, a fascinating figure in Australian legal history.See omnystudio.com/listener for privacy information.

The Wigs discuss the situation involving former Justice of the High Court of Australia, Dyson Heydon.See omnystudio.com/listener for privacy information.

The Wigs are back! Kicking off season 2 with the inside story of the NSW Police attempt to ban the recent Black Lives Matter protest in Sydney. The three Wigs represented the protest organiser in the 24 hours leading up to the event and eventually secured a last minute appeal ruling that allowed a peaceful protest to go ahead.See omnystudio.com/listener for privacy information.

The Wigs recap some of the major cases highlighting in season 1 of the chart-topping podcast, including Pell v R and Annika Smethurst v AFP, (both discussed in detail). The Wigs discuss the cases from their practical perspectives as practising criminal law barristers.See omnystudio.com/listener for privacy information.

The wigs chat with employment law expert and Barrister at State Chambers, Anton Duc. This episode was recorded on April 3rd, 2020 via zoom and, as such, the employment law landscape has changed since then. Stay tuned at the end of the episode as Anton provides a post script update. See omnystudio.com/listener for privacy information.

The Wigs continue with our special Covid-19 episodes - This time we’re focusing on the restraints on movement and assembly imposed via public health powers in the wake of the coronavirus pandemic. See omnystudio.com/listener for privacy information.

This is the first of a series of special episodes looking at the impact of the Corona Virus on Australia’s legal system and society. The Wigs discuss the Covid-19 related changes to the operation of the court system, the impact on prisoner populations and the way federal and state parliaments have responded to the virus.Our special guest is Rose Jackson MLC, a member of the NSW upper house who has a fascinating chat with The Wigs about how parliament is and should be responding to the crisis. See omnystudio.com/listener for privacy information.

The Wigs discuss the latest from the monumental High Court decision in Love v Cth (why Aboriginal non-citizens can’t be deported). Plus an in depth interview with Sydney Morning Herald court reporter Michaela Whitbourn and the curious story of Alfred Piddington, Australia’s shortest serving High Court justice. Why did he never hear a case? CREDIT NOTE: The Piddington Society, The Australian Dictionary of Biography and Wikipedia for the history of Alfred Piddington. With our thanks.See omnystudio.com/listener for privacy information.

The Wigs discuss bringing in the troops to respond to the bushfires across Australia and speak to military law expert Dr Cameron Moore from the University of New England; the secretive criminal prosecution of Witness J in the Australian Capital Territory Supreme Court and are recent calls to criminalise the swastika in the state of Victoria a good idea and what can we learn about how symbols of hate are dealt with around the world?See omnystudio.com/listener for privacy information.

The Wigs discuss the two recent high court decisions BMW Australia Ltd v Brewster/ Westpac Banking Corporation v Lenthall [2019]. A decision with big implications for how class actions are funded. Secondly the decision of NSW v Robinson [2019] in which the high court considered whether it is lawful for police to arrest someone for questioning and when they haven’t yet decided to charge them with a criminal offence. Lastly the wigs discuss rap group OneFour and their ongoing battle with the nsw police, can police and the courts stop them making their music?See omnystudio.com/listener for privacy information.

The Wigs discuss the proposal for mandatory blood testing of persons charged with assault police and similar offences, the legal issues posed by the explosion in facial recognition technology and the Julian Assange case and whether the indictment threatens free speech and the right to publish.See omnystudio.com/listener for privacy information.

The Wigs discuss the legal issues presented by pill testing at music festivals, the UK decision of Miller (Boris Johnson's unlawful prorogation of parliament) and lastly, should the age of criminal responsibility be increased from 10 years?See omnystudio.com/listener for privacy information.

The Wigs discuss why strip searches have increased twenty fold in the last decade, the proposed Religious Freedom Bill in relation to Israel Folau and the AFP raids on journalists.See omnystudio.com/listener for privacy information.

The Wigs discuss the Pell case, abortion decriminalisation, the legal aid crisis and section 501 of the Migration Act.See omnystudio.com/listener for privacy information.

The Wigs is the first and only podcast featuring practising barristers talking shop. Featuring Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and hosted by Jim Minns, episode one will be launching very, very soon. Stay tuned! See omnystudio.com/listener for privacy information.