Law Report

ABC Australia
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Dec 19, 2023 • 29min

'Sovereign citizens' in the courts

Mark Douglas, a New South Wales Magistrate with a keen insight into the 'sovereign citizen' phenomenon, discusses its troubling rise in local courts. He explores how these self-represented litigants challenge traditional legal norms with pseudo-legal arguments. The conversation highlights the chaos they cause within the court system and the significant strain on magistrates. Douglas also addresses the commercialization of these movements, warning about the risks for individuals misled by dubious legal claims, especially amid the pandemic's unique challenges.
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Dec 12, 2023 • 28min

Avoiding the legal risks of office Christmas parties

Exploring the legal risks of office Christmas parties post-Covid, including sexual harassment and unfair dismissal. Discussion on determining the work-relatedness of party incidents, legal implications of Christmas party incidents, and dismissal for drunkenness at Sydney Opera House. Examines the legal implications and risks associated with office Christmas parties, including offensive behavior, violence, and sexual harassment.
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Dec 5, 2023 • 29min

Grant Donaldson SC on balancing open justice and national security

Grant Donaldson SC discusses the need for transparency in national security proceedings and recommends narrowing the definition of national security. The podcast explores controversial cases held in complete secrecy and the impact of national security legislation on trials. It also discusses the fight for public disclosure of information and the limitations faced by a military lawyer accused of sharing confidential information. Grant Donaldson's final report includes 40 recommendations on balancing open justice and national security, emphasizing the importance of transparency in the courts.
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Nov 28, 2023 • 29min

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. 
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Nov 21, 2023 • 28min

Jurors who do their own research; prosecuting violence in sport

Exploration of juror misconduct in trials and legal challenges, including a murder trial with corrupt police officers. Delving into the complexities of violence in sports, criminal prosecutions in ice hockey, and ethical dilemmas in law enforcement intervention. Analysis of a tragic ice hockey incident and the importance of factual accuracy in reporting.
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Nov 14, 2023 • 29min

Why did the High Court rule indefinite immigration detention unlawful?

The podcast discusses the High Court's ruling on indefinite immigration detention and the potential release of convicted terrorist Abdul Nacer Benbrika. It explores the implications of the decision and the government's response. The podcast also examines the case of a stateless person in indefinite detention and the challenges in protecting such individuals. Additionally, it delves into the outcomes and supervision orders that can be imposed on individuals, as well as the concept of community protection and the test for imposing a supervision order.
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Nov 7, 2023 • 28min

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

Exploring the naming of sexual assault suspects in the media and workplace surveillance. Recent changes to laws in Queensland for committal proceedings and non-publication orders. Reasons for suppression orders and comparison across Australian jurisdictions. A case study on surveillance in the workplace. Discussion on inconsistency in workplace surveillance laws.
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Oct 31, 2023 • 29min

Judicial capacity building in the Pacific

Exploring the unique challenges faced by justice systems in the Pacific region, including limited resources, geographical distances, and inadequate funding. Discusses the infrastructure and financial assistance provided to the Solomon Islands' courts by various countries. Highlights the importance of dialogue and connection among judges, resilience, and global community. Explores the role of the Federal Court of Australia in strengthening courts in the Pacific region. Discusses challenges of maintaining judicial independence in small communities.
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Oct 24, 2023 • 28min

Chief Justice Susan Kiefel speaks to the Law Report

In this podcast, Chief Justice Susan Kiefel shares her unconventional journey to the top judicial role, discusses women in the law, and her support for joint judgments. She reflects on her upbringing, leaving school at 15, facing discrimination as a female barrister, and the importance of family support. Chief Justice Kiefel also emphasizes the significance of consensus and collegiality in producing judgments, reflects on gender equality progress in the legal profession, and addresses the need to address sexual harassment and create respectful workplaces.
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Oct 17, 2023 • 29min

Voice referendum aftermath; Queensland introduces legislation to criminalise coercive control

The podcast discusses the outcome of the Voice referendum in Australia and the introduction of legislation in Queensland to criminalize coercive control. It analyzes the voting patterns based on socioeconomic areas and explores the challenges in bringing constitutional changes. The lack of cooperation between state and federal court systems is highlighted, along with the process of amending the constitution in Australia. The aftermath of a referendum loss and its impact on government popularity is also examined.

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