Climate science dismissal case sparks academic freedom debate, High Court quashes Palmer $30bn WA compensation challenge

This post was originally published on this site

ABC Radio

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

'Squatters' rights', and UK health laws

This post was originally published on this site

ABC Radio

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

Britain’s offshore detention plans, and investigating human rights violations

This post was originally published on this site

ABC Radio

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. Guests: Madeline Gleeson, Senior Research Fellow, Andrew & Renata

Three GST decisions handed down in recent days

This post was originally published on this site

Over the last few days three decisions relating to GST have been handed down. One by the Full Federal Court on the GST treatment of gambling supplies (allowing the Commissioner’s appeal) and two by the Tribunal, one on development leases and whether excess GST has been “passed on” (partially in

Victorian tenant evicted after COVID19 moratorium ends. Also, can you sue over negative online reviews?

This post was originally published on this site

ABC Radio

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

Balancing individual and community rights in a pandemic

This post was originally published on this site

ABC Radio

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.  

WA Parliament debates new child protection laws

This post was originally published on this site

ABC Radio

This week, the WA parliament is debating new child protection legislation.  Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?

Proceeds of crime

This post was originally published on this site

ABC Radio

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

Climate change litigation

This post was originally published on this site

ABC Radio

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

Bougainville independence talks underway. And are judges too lenient when sentencing sex offenders?

This post was originally published on this site

ABC Radio

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

Overwhelming support for constitutionally enshrined indigenous voice

This post was originally published on this site

ABC Radio

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

Witness K and the public interest. And should Australia adopt private sponsorship of refugees Canada style?

This post was originally published on this site

ABC Radio

Can revealing Australia’s security operations ever be in the public interest? A former spy, Witness K received a three-month suspended sentence for revealing the Australian government spied on the Timor Leste government during negotiations over oil and gas resources in the Timor Strait. And, since the 1970s, over 300,000

Vaccine passports and global snapshot of LGBTQI discrimination

This post was originally published on this site

ABC Radio

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

Porter v ABC and  AGL v Greenpeace

This post was originally published on this site

ABC Radio

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

Improving the justice system for sexual assault survivors

This post was originally published on this site

ABC Radio

Many victim survivors of sexual assault say they found giving evidence at trial a harrowing and re-traumatising experience. The Victorian Law Reform Commission is currently conducting an inquiry into ways to improve the responses of the justice system to sexual offences.  

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule

This post was originally published on this site

ABC Radio

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?

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule [Updated audio]

This post was originally published on this site

ABC Radio

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?

Federal Court rejects challenge to India travel ban. And rugby's no fault standdown rule

This post was originally published on this site

ABC Radio

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?

Drug driving truckies and outraging public decency

This post was originally published on this site

ABC Radio

Mohinda 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

Restrictive Covenants in Victoria–theory and practice

This post was originally published on this site

Matthew Townsend

The attached paper is an updated presentation to the University of Melbourne’s undergraduate Property Law class in April 2021. It provides a relatively comprehensive overview of the law in relation to restrictive covenants in Victoria. Comments are welcome townsend@vicbar.com.au

The findings of two significant Coronial Inquests

This post was originally published on this site

ABC Radio

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

Full decriminalisation of sex work on the cards in Victoria

This post was originally published on this site

ABC Radio

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

Christian Porter no longer Attorney General. And eminent scientists petition for release of convicted killer Kathleen Folbigg

This post was originally published on this site

ABC Radio

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

Inside Thomas Embling Hospital, a Forensic health facility

This post was originally published on this site

ABC Radio

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.

Disability Royal Commissioner Ron Sackville. And legal win for Torres Strait native title holders

This post was originally published on this site

ABC Radio

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

Convicted terrorist to stay in jail on continuing detention order. And sacked climate change skeptic to get his day in High Court

This post was originally published on this site

ABC Radio

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