Law Report

Jackie Campbell, a family law partner at Forte Family Lawyers, and Miranda Kay, an Associate Professor at UTS, dive into the intricacies of prenuptial agreements. They discuss the recent High Court decision that showcases how poorly drafted prenups can be invalidated. Power imbalances in negotiations often leave the less wealthy party at a disadvantage. The guests explore when prenups are beneficial, particularly for second marriages, and highlight the importance of protecting parental roles to maintain harmony. They also touch on the legal repercussions for lawyers involved in such agreements.

November 11 marks the 50th anniversary of the dismissal of Prime Minister Gough Whitlam by Governor-General Sir John Kerr — an event that exposed and tested the architecture of Australia's constitution.

The Australian Law Reform Commission is celebrating its 50th anniversary. The Law Report's Damien Carrick hosted an event in Melbourne to mark its half century.

Associate Professor Daniel Joyce, an expert in constitutional law at UNSW, and Professor Luke McNamara, a specialist in criminal law and civil liberties, delve into the nuances of free speech in Australia. They discuss the absence of a constitutional right to free speech and the implications of the implied freedom of political communication. Notably, the potential effects of upcoming laws on protests and social media are explored, alongside the delicate balance between free expression and necessary legal limitations. Their insights shed light on Australia's complex legal landscape.

The Federal Government says it wants to reform the Freedom of Information system - what's in the proposed changes? And is the law keeping up with the growing number of pornographic deepfake images of young people being shared online?

Associate Professor Rebecca Ananian-Welsh, an expert in national security law, dives into the High Court's landmark ruling permitting police access to evidence from the Anom encrypted app. She reveals the app's unique features designed for criminals and the FBI's role in its development. The discussion highlights the implications for surveillance laws in Australia, including privacy concerns and questions around the outdated Telecommunications Act. Ananian-Welsh calls for stronger judicial oversight amid growing powers for law enforcement.

Brian Walker-Smith, a lawyer and engineer specializing in automated driving law, joins Michael Hopkins, CEO of the National Transport Commission. They dive into the complexities of liability in accidents involving driver assistance technologies. Brian clarifies the SAE automation scale and discusses recent Tesla litigation trends, while Michael outlines Australia's evolving laws for autonomous vehicles. The conversation highlights who bears responsibility in crashes and the future of transport regulations as driverless cars become a reality.

Queensland man Terry Irving was recently awarded $130,000 in damages for a malicious prosecution over 30 years ago. The Law Report looks at compensation for wrongful convictions in Australia and asks: do we need a better system?

Vishal Prasad, Campaign Director for Pacific Islands Students Fighting Climate Change, discusses the implications of the recent ICJ advisory opinion on climate change and Australia's climate action efforts. He critiques Australia’s 2035 Nationally Determined Contribution and emphasizes the need for stronger commitments. Donna Yates, a criminologist and expert in trafficked cultural objects, dives into the High Court's ruling on the return of a Bolivian Tiwanaku artefact, shedding light on its provenance and the impacts of the antiquities trade.

Join former Bougainville president John Momis and constitutional expert Anthony Regan as they delve into Papua New Guinea's journey 50 years post-independence. They discuss the remarkable participatory process that birthed the constitution and its initial vision for unity in a culturally diverse nation. Momis shares insights on the controversial removal of decentralisation, while Regan addresses the ongoing challenges of corruption and violence. Together, they advocate for local autonomy and a brighter future, urging a more participatory democracy.