Law Report (ABC listen)

The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It's a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a negative online review?

What will the Taliban's return to power in Afghanistan mean for women and human rights?

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.

Justice Brereton’s report into alleged war crimes by our special forces in Afghanistan is triggering a lot of discussion around failures in lines of accountability. It raises questions about on-the-ground Australian Defence Force lawyers, the very people who are meant to be experts in the Laws of War.

And the Right to Silence. The High Court of Australia quashes a conviction and orders a retrial because the trial judge made comments to the jury about the accused’s decision not to give evidence.

One in ten incidents of family violence are committed by adolescents. Most of the violence is carried out by young males towards their mothers and involves verbal and physical abuse, coercive and controlling behaviours, financial abuse, stalking and property damage.

Are our legal and social responses adequate?

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. 

Over the next few months two justices of the High Court of Australia will retire. What is the process for choosing their replacements? How different will our process be from what’s taking place right now in the USA with the US Supreme Court vacancy?

Also, the Federal Court has just fined price comparison site iSelect $8.5 million after it admitted to misleading and deceptive conduct. This comes just few days after the court imposed a $7 million fine on ticket reseller Viagogo.

But these two wins, follow two courtroom losses for the ACCC, both involving products spruiking their green credentials, flushable toilet wipes and disposable picnic ware.

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

Britain’s High Court is set to hear the United States government's appeal against a ruling blocking the extradition of Julian Assange on mental health grounds. And warnings that US attempts to prosecute the WikiLeaks founder for publishing classified government documents could have devastating implications for press freedom.

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.

The House of Representatives recently passed a bill which will strip mobile phones from people in immigration detention. Will the bill pass the Senate? What does this mean for asylum seekers?    

And residents of the remote Northern Territory community of Santa Teresa have just won a big legal victory over NT Housing. One elderly representative litigant Enid, whose house didn’t have a back door for 6 years has just had her compensation increase from $100 to $10,000, a win that will have big implications for other communities.

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.

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?

As the COVID19 pandemic grips NSW, how do we balance the rights of an individual with those of the broader community? And the Victorian Ombudsman has released a report detailing human rights breaches, many dealing with ensuring compliance with COVID 19 public orders.

The High Court of Australia has upheld the Continuing Detention Order for convicted terrorist Abdul Nacer Benbrika. Even though his fifteen year sentence is over, he is deemed to pose an ongoing threat and he remains in detention. Also, the High Court has agreed to hear the case of sacked marine physicist Peter Ridd. He was terminated after being disciplined repeatedly by James Cook University over comments he made about the research of colleagues and associated entities. He is critical of science linking coral bleaching on the Great Barrier Reef. with climate change and polluted water.

Could we soon see the creation of a brand new country immediately to Australia's north? PNG's Prime Minister and the President of the Autonomous Bougainville Government are negotiating Bougainville's future.

Also, what are the most important factors that judges weigh up when sentencing sex offenders? And are judges out of touch with community expectations?

Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France.  How to investigate human rights violations when on-the-ground access becomes impossible? And the dangers facing human rights investigators in Afghanistan.

Should compensation be denied to a passenger in a stolen vehicle who was seriously injured when it crashed? And a New South Wales Tribunal has ruled that a Covid-19 death can be classified as a work-related injury.

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.

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. 

On advice from the Solicitor-General, the PM shifts Christian Porter to Minister for Industry, Science and Technology. And following the NSW Court of Appeal ruling that Kathleen Folbigg stay behind bars, the Australian Academy of Science issues a strong statement saying 'there are medical and scientific explanations for the death of each of Kathleen Folbigg's children'. A petition from ninety eminent scientists also called for her immediate release.

The Perth trial of Bradley Robert Edwards, found guilty of two of the three Claremont murders. How should we deal with judges who are biased or incompetent? And, a new Victorian report finds that two thirds of children who spend time on remand never receive a custodial sentence.

Climate change is increasingly being raised in courtrooms around the world. The latest was brought by eight Australian school students and a nun who argued that the government owed a duty of care to protect children from the harmful effects of climate change. As journalist Greg Muller reports, climate change is now seen as a legal and financial risk as well as an environmental one.

How might Clive Palmer challenge WA legislation designed to thwart his legal action against the WA government? Also, in Victoria, sexual assault survivors now require a court order before they can speak publicly about their experience. Following protests the law is currently under 'urgent' review. And the Victorian Court of Appeal has just handed down a landmark decision involving 19 year old Daylia Brown. It allows sentencing judges to consider an offender’s personality disorder when calculating an appropriate prison term.

Australia’s football codes are closely monitoring a class action brought by former rugby league players in Britain who allege the sport’s governing body failed to protect them from the risks of brain damage. And are judges best placed to decide when to recuse themselves from a court case?

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.

Don a mask and join a tour of the County Court of Victoria with Chief Justice Peter Kidd. Find out how jury trials are being made COVID-19 safe.  And while masks aren't mandatory in NSW criminal trials, there have been many changes including more judge-only trials.

What do the federal politician Craig Kelly, anaesthetist Dr Paul Oosterhuis, celebrity chef Pete Evans and clothing brand Lorna Jane have in common? They have all been at loggerheads with various regulators over Covid-19 misinformation.

In the USA there is a growing number of legal disputes involving employees, consumers and university students who are challenging mandatory vaccination requirements. And new research suggests that virtual reality headsets could help jurors reach fairer verdicts in complex criminal trials.

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.

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.

Should there be an an independent inquiry into historic rape allegations against Attorney-General Christian Porter and if so, what should it look like?

The Victorian government is set to consider fully decriminalising sex work this year. Guest producer Carly Godden traces how, over the eras, the law in Victoria has regulated the commercial sex and adult industries.

 *Note there are sexual references in this program

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?

Could ‘chatbots’, a form of artificial intelligence technology, help make the legal system more accessible for people living with disabilities?  

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.

Mohinder Singh, the truck driver responsible for the deaths of four Victorian police officers has been sentenced to a non parole period of 18 years. Richard Pusey, who callously filmed the tragedy has also been sentenced to 10 months jail after pleading guilty to a number of offences including outraging public decency. And, why did the NSW Workers Commission award $500,000 to the family of a truck driver who was high on ice and died after crashing his rig into a home, injuring a sleeping pensioner?

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?

There have been over 660 COVID-19 deaths in residential aged-care facilities.

The Royal Commission into Aged Care special report on COVID 19 has made a number of recommendations aimed at improving the safety and quality of life of residents.

The pandemic has also increased the vulnerabilities of elderly where-ever they live. Physical, financial and emotional abuse as well as neglect and chemical restraint have all made worse.

New research finds that 8% of Australians have used the services of debt management or credit repair companies this year.

The Consumer Action Law Centre who commissioned the research are calling for UK-style consumer protections that require these businesses to act in the best interests of clients.

When does inflating professional skills and experience cross a line to become a criminal offence?

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation.

This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers?

If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732

Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

NSW State Coroner Teresa O’Sullivan has found that the murders of teenagers Jack and Jennifer Edwards by their father were preventable. The Coroner identified a series of serious systemic failures which contributed to the crimes. Also, Victorian Coroner Paresa Spanos has recommended the adoption of pill testing after investigating the deaths of five young men who died in separate drug related incidents between July 2016 and January 2017.

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.

Social media can be useful connecting people and ideas but moderators are needed to keep disturbing and toxic material off the platforms. Chris Gray, a former Facebook moderator claims viewing such content in order to keep us safe, gave him PTSD. He's the lead plaintiff in an action against Facebook and CPL, the contracting company that employed him.

*And a warning this program discusses disturbing material*

The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neuro technologies.

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.

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?

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.

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.

The Federal Court dismissed a challenge to the Morrison government's ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015.

And should professional sports people be able to continue playing when facing serious criminal charges?

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.

Should judges have social contact with lawyers who appear before them in court? The Australian Law Reform Commission is conducting an inquiry into judicial impartiality. Also, is there an obligation on prosecutors to provide defence lawyers with all the raw data downloaded from a confiscated mobile phone?

The vast majority of COVID-19 cases in Victoria’s second wave of the pandemic are traceable to breaches of hotel quarantine. What went so horribly wrong? A judicial inquiry is trying to find out.  

So far, a lot of the evidence has focussed on how the roles and responsibilities of private security guards fitted with those of the police, government authorised officers, health providers and hotel staff.

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.

What is Democratic Vice Presidential candidate Kamala Harris' record on law and justice issues? A review of the legal framework around Police Body Worn Video Cameras has just been released by the NSW Department of Communities and Justice. Who decides what gets recorded? And what factors are considered when a complaint is made against Victoria Police?

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.

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?

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.

The Royal Commission into the Management of Police Informants concludes that the behaviour of both the Victoria Police and Nicola Gobbo, who led a double life of both barrister and informant, may affect over 1,000 court findings. Among the 111 recommendations is the appointment of a special investigator, as well as a suitably qualified person to investigate a further eleven people who were human sources with potential legal obligations of confidentiality or privilege. And, in a world first, the Family Court are launching The Lighthouse Project, a pilot scheme that links support services to families experiencing violence.

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? 

If you go skydiving or hot air ballooning and tragedy strikes, who can you sue? The tour operator? In a unique unfolding case the Bureau of Meteorology is being sued.

The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neurotechnologies.

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.

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.

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?

What impact could proposed changes to New South Wales consent laws have in delivering justice to victims and survivors of sexual assault?

An Alice Springs local court judge has ruled that Constable Zachary Rolfe will face a murder trial for the death of 19 year old Yuendumu man, Kumanjayi Walker. In a separate development, a NSW coroner referred a death involving corrective services officers to prosecutors.

And with restrictions easing and some borders opening up, what are the legal and financial challenges ahead for business?

The Uluru Statement from the Heart called for a constitutionally enshrined indigenous voice to parliament. In response, the federal government created a co-design process, which produced an interim report outlining what form this voice might take.

A new report has found that 90% of the 2500 submissions received following the interim report support constitutional enshrinement.

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.

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?

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?

Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm.

Also, new research on who is most likely to commit a serious crime. A former prisoner or former forensic hospital patient?

Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm.

Also, new research on who is most likely to commit a serious crime. A former prisoner or former forensic hospital patient?

Former Attorney General Christian Porter has discontinued his defamation litigation against the ABC. And power company AGL is taking Greenpeace to court arguing breach of trademark and copyright. AGL says the activist group should not have used its trademark in a series of parody advertisements that highlights its CO2 emissions.

If you earn a million dollars from selling drugs and are convicted under proceeds of crime legislation, you don’t get to keep it. But what if that conviction is quashed years later? Some of the most notorious figures in the gangland era are heading back to courts to appeal their convictions following the Nicola Gobbo scandal. What happens to the 70 million dollars confiscated? Greg Muller asks, what are the laws around proceeds of crime and are they always fair?

Queensland Police has launched an exit scheme to help outlaw motor cycle gang members break away from their clubs.  It's the first venture of this kind in Australia.

And the High Court has ruled that issues around property division and maintenance can be heard in an Australian court, even when the divorce is overseas.

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. 

The High Court of Australia rules that a company that buys used empty computer print cartridges, refills them with ink and sells them to consumers is not infringing the patents of the original manufacturer. Protecting Consumers vs Streamlining Access to Credit. With the aim of getting the economy moving and consumers spending, the government hopes to loosen 'responsible lending laws' contained in the National Consumer Credit Protection Act.

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.

Ron Sackville QC, AO, the chair of The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has been hearing harrowing accounts of the experiences of people with cognitive disability in the criminal justice system.

In a legal first, the Kaurareg people of Muralug island obtained an injunction under the Native Title Act preventing future damage. As a result the Torres Shire Council has just abandoned plans to build a harbour on a sacred site

All around Australia if an accused pleads guilty to a criminal offence, they become eligible for a reduction in prison time. But just how big an incentive should we give an accused if it’s a serious crime? The South Australian parliament has passed legislation reducing the maximum possible prison discount from 40% down to 25%. And during NZ's national election, our Kiwi cousins voted on two referendum questions. One was a private members bill which was literally pulled out of the NZ Democracy Biscuit Tin. Meanwhile in upcoming presidential election US citizens will also vote on a staggering number of state-based ballot propositions. In Colorado voters will be asked whether grey wolves should be re-introduced into the northern Rockies.

The New South Wales Supreme Court has ruled against a retirement village developer claiming ‘squatters' rights’, or adverse possession, over a Sydney property. And two court decisions highlight important issues in UK health law: the legality of severe disability as a reason for late-term abortions and access to puberty-suppressing drugs for children diagnosed with gender dysphoria.

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.

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.

Torres Strait's low crime rate, the Muster program

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.

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?

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

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.

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.

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.

A long-running unfair dismissal case involving Queensland university professor Peter Ridd has sparked intense debate around questions of academic freedom.

Also in the program: the High Court has quashed a legal challenge by mining magnate-turned-politician Clive Palmer against laws designed to ban his company from suing the West Australian government for compensation over a disputed contract.

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.

Can Donald Trump challenge his election loss in the courts? Three challenges to COVID-19 restrictions thrown out by Australian courts. And a new exhibition Future Dreaming...visions of the future showcases art works from First Nations prisoners in Victoria.

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?

The Commonwealth-funded No Fault Covid-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination.

Some countries and states have introduced a Vaccine Passport, to allow more domestic and international movement and businesses to return. What are the technical and legal obstacles to a COVID-19 vaccine passport here in Australia?

And in this Pride Month, while the LGBTQI community has a lot to celebrate in Australia, in many countries they face ongoing legal discrimination, even the death penalty.

Justice Ruth Bader Ginsberg’s death has ignited raw and intense political wrangling over how to fill her seat on the US Supreme Court. We reflect on her legacy and the political manoeuvering. And, in a case involving a soldier known only as Private R, the High Court of Australia has determined that a trial for ADF members can be held in the military justice system even when the alleged crime was not connected to military service.

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.