Articles sur Australian law

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Should the government be able to use intellectual property laws to control who can criticise its health policies by using the Medicare logo? AAP/Joel Carrett

Medicare logo case shows the urgent need to update Australia’s IP laws

Using intellectual property laws to try to shut down Mark Rogers’ 'Save Medicare' website shows how these laws serve to restrict free speech and advance government privatisation agendas.
The federal court dismissed claims brought under the Racial Discrimination Act against three Queensland University of Technology students under section 18C. AAP Image/Dan Peled

Change Section 18C? Critics should do this crash course first

The time is right for a crash course on section 18C of the Racial Discrimination Act, its exemptions and the powers of the Australian Human Rights Commission.
Marchers at a “traditional marriage” rally in Sydney’s Belmore Park on September 20, 2015. AAP/Richard Milnes

Is it OK to use the f-word in political protest?

The "Fuck Fred Nile" case highlights the absurdity of criminalising "fleeting expletives" while allowing speech that depicts homosexuality as abnormal, unnatural and sinful.
Gable Tostee was found not guilty of the murder of Warriena Wright, who fell from his balcony. AAP/Dan Peled/Queensland Supreme Court

Gable Tostee case: how common is death by falling?

Cases of homicide by falling are rare. But the Gable Tostee case is not the first instance of a fall from a building causing death being linked to criminal conduct.
Most people against recognising Aboriginal customary law think there’s only one law in Australia. AAP/Joe Castro

Why Australia won’t recognise Indigenous customary law

Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.
Families going through breakdown need understanding, but so do lawmakers trying to find fair outcomes from complex laws. Shutterstock

No simple solution when families meet the law

Adding to the trauma of a relationship breaking down, families can find themselves caught in a tangle of state and commonwealth laws.
Involving the media seems to send the message of how unpleasant the AFP can make life for people who challenge the government. AAP/Lukas Coch

Paying a high price for embarrassing the government

None of the politicians are talking about it, but threats to freedom of speech have emerged in three different guises in the first three weeks of the election campaign. First there was the assailing of…
Determining how far a person can lawfully go in protecting themselves in a home invasion requires consideration of complex legal issues. shutterstock

How far can you go to lawfully protect yourself in a home invasion?

By requiring that a person acting in self-defence must act genuinely and reasonably, Australian states and territories appropriately balance self-defence against vigilantism.

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