Australian law

Displaying 1 - 20 of 84 articles

Gough Whitlam, pictured here in 2008, looks at the original letter that dismissed him from office in 1975. AAP/Alan Porritt

Archive records shed new light on UK role in Whitlam’s dismissal

Sir John Kerr probably made his own decision to dismiss the Whitlam government much earlier than he acknowledged publicly while alive – but he came to this conclusion in discussion with others.
Amnesty International alleges breaches of law on transnational organised crime and human rights grounds in relation to Australia’s anti-people smuggling activities. AAP/Scott Fisher

Amnesty accuses Australia of violating international law – but any prosecutions are unlikely

Amnesty International believes its evidence shows that Australia organised or directed the crew of an asylum seeker boat to commit the crime of people smuggling into Indonesia.
How could Maurice Blackburn prove that poker machine gamblers might be misled by the ‘losses disguised as wins’ technique? AAP/Paul Jeffers

Poker machines and the law: when is a win not a win?

Law firm Maurice Blackburn that plans to use Australian consumer law to argue that poker machine operators are engaging in misleading and deceptive conduct to trick gamblers into using poker machines.
Julie Bishop was a particularly strong advocate in urging Indonesia to spare the lives of Myuran Sukumaran and Andrew Chan. AAP/Mick Tsikas

What more can Australia do to end the death penalty worldwide?

Beyond general expressions of “opposition” to capital punishment, Australia did not emphasise specific human rights principles in its lobbying of Indonesia to spare Andrew Chan and Myuran Sukumaran.
Labor’s Terri Butler is co-sponsoring a bill to make acts of ‘revenge porn’ a federal crime. AAP/Mick Tsikas

How making ‘revenge porn’ a federal crime would combat its rise

The internet, smartphones and social media mean that extensive sharing of private images without consent is far easier than in the past. And the severity of the harm victims suffer is far greater.
Applications from trade unions failed to convince Dyson Heydon to disqualify himself as royal commissioner. AAP/Joel Carrett

Heydon rejects apprehended bias claim, stays on as royal commissioner

Dyson Heydon didn't accept that merely agreeing to give the Sir Garfield Barwick lecture could create an appearance of bias. Judges and royal commissioners are allowed to have political views, he said.
Dyson Heydon prided himself throughout his judicial career on the robust independence and intellectual integrity he brought to the role. AAP/Renee Nowytarger

Bias and the ‘black-letter’ judge: who is Dyson Heydon?

How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
Questions are being asked about why Man Haron Monis was free on bail, but a witch-hunt is unlikely to improve the process of deciding when to keep an accused person in custody. AAP/Dean Lewins

When bail causes outrage, don’t just blame the courts

The spotlight is on a 2013 decision to grant bail to Man Haron Monis, the man responsible for the Lindt Cafe siege a year later. It must be hoped risk-averse politicians can avoid knee-jerk responses.
The message that terrorism is exceptional and egregious will be compromised if the current citizenship revocation bill becomes law. AAP/Dan Peled

Bill relies on legal fiction of self-executing law to revoke citizenship

Multiple concerns have been raised about the citizenship-stripping bill's inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.

Top contributors