The murder of Melbourne woman Jill Meagher sparked much social media comment, some of which threatened to compromise the criminal trial of the accused.
AAP/Facebook
This week, the Standing Council on Law and Justice (which constitutes the attorneys-general of the Commonwealth, states and territories) published a report on the impact of social media on juries. The…
NSW Attorney General Greg Smith (center) claims that previous laws guaranteeing the right to silence were easily exploited by criminals.
AAP/Dean Lewins
The right to silence when being interviewed or questioned by police would be considered a fundamental legal right by many people.
But it is not a “right” you can exercise in New South Wales any more…
Copyright law could make the job of creating Massive Open Online Courses more difficult.
Legal image from www.shutterstock.com
Another university has jumped on the Massive Open Online Course (MOOC) bandwagon this month, with the Australian National University joining up with Harvard venture edX.
In ANU’s case, it will enable…
Prime Minister Julia Gillard and Health Minister Tanya Plibersek during Question Time at Parliament House in 2012.
Penny Bradfield/AAP
Prime Minister Julia Gillard and Health Minister Tanya Plibersek have announced they will return health payments to Victoria that had previously been cut from its allocation under the National Health Reform…
An Australian navy vessel escorts asylum seekers to Christmas Island-but what are our obligations to other vessels?
AAP Image/Scott Fisher
Australia, like all coastal states, is under an absolute obligation to undertake rescue at sea wherever and whenever necessary.
It is not, however, immediately apparent that this is the case. A question…
NSW premier Barry O'Farrell needs to reform the law to give Sydney University more responsibility for its colleges.
AAP Image/Alan Porritt
Why is the University of Sydney powerless to stop bullying behaviour in what the public sees as “its colleges”? This has been a constant refrain in recent weeks as the controversy surrounding the behaviour…
Robert Bagie, Olive Bagie, adopted son Ramsley Woosup and Mimia Whap were afraid of flying after losing a family member in the Lockhart river crash.
AAP/Jade Bilowol
A couple of weeks ago, Justice Henry of the Queensland Supreme Court handed down judgement in favour of the families of five people killed in the tragic Lockhart River plane crash in 2005. The court awarded…
Rape as a weapon of war needs to stop – but how can local and international communities help?
EPA/Nicolas Postal
During the chaos of war, rape is used by the powerful as a deliberate strategy to destroy any opposition. The law, seemingly, has little role to play. After all, during conflict the normal rules of law…
The final pieces of the historical puzzle around the 1975 Whitlam dismissal are not as sensational as they first seem.
Image courtesy of National Archives of Australia. NAA: A6180, 13/11/75/33
Much hyperbole has been generated by the recent revelations concerning Sir Anthony Mason’s involvement in the 1975 dismissal, but for the most part it shows ignorance of the past.
Earlier this week, The…
Schools fear of litigation could be driving bans on “risky” playground activities – like cartwheeling.
Cartwheel image from www.shutterstock.com
A few schools have hit the headlines recently for banning traditional playground activities like cartwheels, handstands, ball games and even high fives.
Parents are rightly objecting to the bans, and…
Queensland Attorney-General Jarrod Bleijie is resisting pressure to make changes to the state’s provocation laws.
AAP/Dave Hunt
Murder is the most serious of all violent crimes, and needs a determined criminal justice response. If there are circumstances in which a killing might be seen as wholly or partly excusable, then this…
Eileen Creamer was sentenced to a minimum of seven years imprisonment for the defensive homicide of her violent partner.
AAP/Julian Smith
In the vast majority of cases where women kill their partners, there is a history of domestic violence.
Isolation as well as often cyclical psychological and physical abuse means leaving home is not only…
Universities such as Yale need to respect the human rights of their staff and students.
Flickr/Snap Man
Yale university’s decision to set up a liberal arts college at the National University of Singapore (NUS) while accepting Singapore’s restrictions on students’ rights to free speech and freedom of association…
Drug kingpin Carl Williams cut a plea bargain with Victorian authorities before being murdered in jail.
AAP/Julian Smith
In 2007, the infamous underworld figure Carl Williams pleaded guilty to one count of conspiracy to commit murder and three counts of murder, on the basis of a plea deal struck with the Victorian Office…
The defence of provocation needs to be changed in NSW.
Flickr/璟
Earlier this year, Chamanjot Singh was sentenced in the New South Wales Supreme Court to six years jail for slitting his wife’s throat with a box cutter. He was found guilty of manslaughter by provocation…
The ability of the police to collect images of protesters is set to be challenged in Victoria.
sidkid
Most of us value our privacy. But in Australia, despite recommendation after recommendation that we reform the law to protect citizens from serious invasions of privacy, there is often little protection…
A good knowledge of the different religions should be part of a National Curriculum.
Flickr/Jake Wasdin
After last week’s High Court challenge verdict on funding chaplains in schools, religious education is back in the headlines.
The role of religion in Australian schools has been vigorously debated for…
All religions, including Islam can influence the legal decisions of individuals.
In March this year the ACT Supreme Court overturned a will made by an elderly Muslim lady called Mariem Omari. Her daughter contested the estate and the court found that because Omari signed the will while…
The government is trying to rush legislation through the parliament that could fundamentally change how it spends money.
AAP/Alan Porritt
In days of old, when Legislative Councils were appointed bodies, Labor Governments would try to swamp them with suicide squads of members who, once appointed, would vote to abolish the House.
On Tuesday…
The military court system in Australia has gone through many ups and downs with more to come.
AAP Image/Australian Department of Defence
Last week, the Commonwealth Attorney-General Nicola Roxon introduced a bill establishing the Australian Military Court as a constitutional court.
If the bill passes, it will bring Australia into line…
Western Governments will be recklessly ignoring their human rights obligations if they continue to support Shell in its US supreme court case.
EPA/George Esiri
We all know corporations do bad things. Big corporates have been publicly named and shamed for their participation in causing harm to people and the planet, and they are not always held to account.
As…
The High Court landmark decision in the school chaplaincy case is an opportunity for reform.
Flickr/petelawley
The historic majority Australian High Court ruling that the National School Chaplaincy Program (NSCP) is “invalid” is a gift to the argument for secular public education.
Secular statutes (for example…
Julian Assange’s appeal to the Ecuadorian authorities in Britain protects him from any potential extradiction … for now.
EPA/Facundo Arrizabalaga
You’ve got to hand it to Julian Assange. He knows how to capture the imagination. In a surprise escape bid, he is currently holed up in the Ecuadorian embassy in London, seeking political asylum. He now…
Attorney General Nicola Roxon and Minister for School Education Peter Garrett respond to the Williams High Court decision.
AAP Image/Penny Bradfield
Today, the High Court of Australia dramatically altered the previously understood scope of the Commonwealth’s power to spend money and enter into contracts. This decision has immediate repercussions for…
Lindy Chamberlain-Creighton holds up Azaria’s death certificate, confirming her daughter’s death by dingo attack.
AAP/Patrina Malone
The Azaria Chamberlain case is a reminder that the criminal justice system does get it wrong, with each error bearing its own human cost.
On Tuesday, the Northern Territory Coroner’s office concluded…
Google could face fines if it doesn’t address alleged anti-competitive practices.
mark knol
The European Commission (EC) has given Google “a matter of weeks” to address concerns the American search giant has “abused a dominant market position”.
The announcement overnight (AEST) follows an 18…
Could a Canadian-style class action dent the credibility of homeopathy in Australia?
Flickr/kh1234567890
One hundred years of rigorous scientific research hasn’t dented the faith of adherents of homeopathy. The complementary therapy is still centred on the notion that water has a therapeutic “memory” and…
How young is too young to be prosecuted or convicted of a crime?
Flickr/Chris Runoff
The age of criminal responsibility acts as the gateway to the criminal justice system – under a certain age you are kept out.
Most jurisdictions have this age barrier because it’s widely understood children…
Will opening the door to region-specific content invoke the ire of rights holders?
AZRainman
The launch of a new internet service provider (ISP) in New Zealand isn’t something that would normally be worth mentioning.
But the launch of FYX (pronounced “fix”) by established online services provider…
Shows such as CSI have warped our understanding of what questioning is likely to achieve.
Facundo Arrizablaga/EPA
Commentators on Rupert Murdoch’s appearance at the Leveson Inquiry have pointed out some alleged inconsistencies between the evidence and his testimony, leading many commentators to reject Murdoch’s claims…
Raising the cost of FoI applications is not the answer.
Flickr/chrisjohnbeckett
The Gillard government will make a huge mistake if it follows through with plans to overturn freedom of information reforms and introduce an increase to the cost of applications.
The expected change comes…
If Australia is to set an example in the region, we need to clean up our constitution and abolish the race powers act.
AAP/Courtesy of Traditional Owners and Rio Tinto Alcan/Peter Eve
AUSTRALIA IN THE ASIAN CENTURY – A series examining Australia’s role in the rapidly transforming Asian region. Delivered in partnership with the Australian government.
Here, Dr Matt Harvey argues that…
Two teams of psychiatric assessors have come to different conclusions about Breivik’s mental state.
AAP
On July 22, 2011, Norwegian Anders Breivik killed 75 people, as a statement against Norway’s liberal immigration policies. He was a member of an extreme right wing group and a product of a dysfunctional…
Falun Gong protestors outside the Chinese consulate in Sydney in 2008.
AAP/Dean Lewins
UPDATE: The Chinese nationals have now elected to stay in Australia, where they will seek asylum.
A group of ten Chinese people fleeing persecution in their home country has presented Australian authorities…
It’s time for the government to review our national security laws.
Flickr/another_activist
More than ten years ago, the Australian public and policymakers overreacted to 9/11 and created a set of laws that went beyond what was needed to protect us against terrorism.
With the recent release…
Shamed senior police officer Mark Standen is lead away from King St Supreme Court after being found guilty of attempting to import a massive haul of pseudoephedrine.
AAP/Tracey Nearmy
The Australia21 report on illicit drugs draws much-needed attention to many serious issues, including the major role played by corrupt police in drug distribution networks.
The role played by drugs in…
The UK and Australia have both looked at reforming their counter-terrorism laws, but which country has been more rigorous?
Flickr/neeravbhatt
Within a couple of weeks of each other, the independent monitors of counter-terrorism laws in both the UK and Australia have delivered their reports assessing the operation of national security legislation…
Scientists are clear that tuna catch needs to be cut, but figuring out who will fish less and where is much trickier.
AAP
The eighth meeting of the Western and Central Pacific Fisheries Commission concluded in Guam on Friday 30 March 2012. Five hundred delegates from more than 40 countries argued for a week about how to reduce…
The government’s obligations to immigration detainees are very similar to those of prisoners.
AAP/Dean Lewins
A training manual instructing immigration detention centre guards to use force to incapacitate detainees was leaked this week. It included techniques to kick, punch and target pressure points on detainees…
Gina Rinehart with daughter Ginia Rinehart attend a State Reception for Queen Elizabeth II in Perth.
AAP/Lincoln Baker
The dispute between Australia’s richest person, Gina Rinehart, and her children is more than a private squabble between relatives.
The high profile of the litigants meant the case was always going to…
The High Court decision against Palm Island rioter, Lex Wotton highlights concerns about how little our constitution does to protect us.
AAP Image/Ian Hitchcock
By Peter Black, Queensland University of Technology
When a prisoner has served their time, it’s difficult to understand why they would be stopped from engaging in public debate or communicating with the media. But a new precedent has been set by the High…
Many groups have called for sharia, or Islamic law in Australia, but is it workable?
EPA/Andy Rain
A major Australian Islamic group recently argued for a formal recognition of sharia or Muslim law in the Australian legal system.
According to the Australian Federation of Islamic Councils, Australia…
The new Attorney-General, Nicola Roxon needs to commit to more serious reforms of human rights in Australia.
Flickr/Takver
While Australia makes much of its human rights standards in international dialogues, its own track record is variable to say the least – human rights concerns around the Northern Territory intervention…
The leadership spill could lead to constitutional confusion if Rudd wins next week’s ballot.
AAP Image/Alan Porritt
Prime Minister Julia Gillard announced this morning that she will hold a leadership ballot at 10am on Monday, to “settle once and for all” Labor’s escalating leadership crisis.
Kevin Rudd has not formally…
Comments posted by the writer have seen Twitter sued for defamation.
Mosman Library
By Peter Black, Queensland University of Technology
Twitter is being sued for defamation by a Melbourne man who was wrongly identified as the author of a “hate blog” directed at writer and TV personality, Marieke Hardy.
Hardy posted a tweet last year to…
Tony Abbott says the end is near for the government, but can he bring it down?
AAP/Alan Porritt
After declaring the Gillard government was entering its “endgame”, opposition leader Tony Abbott is believed to be preparing to table a motion of no confidence.
Since Tasmanian independent Andrew Wilkie…
It’s essential that we get it right when it comes to changing our constitution to recognise Aboriginal Australians.
Flickr/Rusty Stewart
Earlier this year, the Expert Panel on Constitutional Recognition of Indigenous Australians gave its final recommendations to the government.
Recognition would acknowledge the unique place of Aboriginal…
Convicted murderer Keli Lane is one of Australia’s most famous cases of infanticide.
AAP Image/Dean Lewins
In December 2010, Keli Lane, a former champion water polo player, was convicted of the 1996 murder of her two day old daughter, Tegan. The new-born girl was never seen again after leaving the hospital…
The Treaty of Waitangi reminds us that indigenous people must be treated honourably before the law.
Sids1
Much is made of the Treaty of Waitangi as the vehicle for the recognition of Maori in New Zealand’s legal system. Australia lacks a treaty, the argument goes, and therefore is constitutionally disabled…
We should take a closer look at the history of the Constitution before reforming it.
Flickr/Rusty Stewart
The one recommendation of the Expert Panel on Indigenous Constitutional Recognition that everyone appears to support is the repeal of section 25 of the Constitution.
Section 25 says that if a State law…
If the US Research Works Bill passes, public access to US research will be restricted.
Flickr/the Firebottle
Over the Christmas period, a short Bill was introduced into the US House of Representatives. The Research Works Act aims to make it illegal to require researchers to make their work publicly available…
When people need to beg, the last thing we should be doing is seeing them as criminals.
Flickr/galawebdesign
The criminal offence of begging should be abolished.
Criminalising begging is tantamount to criminalising poverty. It perpetuates, rather than alleviates, the marginalisation and disadvantage experienced…
Opposition leader Tony Abbott has resurrected former coalition government policy to “turn back” boats seeking asylum in Australia.
(AAP Image/Tracey Nearmy)
Opposition leader Tony Abbott has said that under a coalition government every boat coming to Australia carrying asylum seekers will be sent back to Indonesia.
The Indonesian police, the United Nations…
The legalities of whaling and protesting aren’t black and white.
wietse?/Flickr
Japanese whaling and Australian opposition to it has become as much a staple for the Australian media in summer as bushfires and the cricket. The level of interest has greatly intensified since Sea Shepherd…
Journalist or blogger? It’s a thin line.
See-ming Lee æŽæ€æ˜Ž SML
Citizen journalists everywhere should be checking the fine print of media shield laws, after a US District Court judge in Oregon ruled that self-styled investigative blogger Crystal Cox was not a journalist…
If the republic is going to be put back on the political agenda in 2012, more will need to step up and talk more about the issue publicly.
Flickr/GregTheBusker
The new Attorney-General, Nicola Roxon, has made her intention clear to reignite the debate on Australia becoming a republic. On taking up the new position, she took the opportunity to stake out her position…
Suspect Bradley Manning is accused of “aiding the enemy” and faces court martial by a US military court.
EPA/BradleyManning.org/
The controversy over Wikileaks will today, at least temporarily, shift its focus from the website’s founder Julian Assange to suspected informant Private First Class Bradley Manning.
Today Manning will…
Newly appointed Attorney-General, Nicola Roxon may be surprised to find the bill of rights she doesn’t want is already in place.
AAP Image/Julian Smith
The new Commonwealth Attorney-General, Nicola Roxon has said that in her new role she would not push for a bill of rights to be included in the constitution. But many would be surprised to learn she doesn…
It’s time to recognise the first Australians in our constitution.
Flickr/Rusty Stewart
Last week, the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples concluded its deliberations on reform proposals.
While we wait on the release of their final…
Occupy protestors have a right to protest; police powers to move them on from public spaces should be questioned.
RynChristophe/Youtube
When police removed a young woman’s “tent dress” this week at the Occupy Melbourne encampment, it was yet another controversial interaction between protesters and authorities.
As shown in the Occupy movement…
Young offenders may not be equipped with the skills to help them deal with restorative justice.
Flickr/Pandham
Educating young offenders about the consequences of their crimes is a key way to ensure they don’t re-offend. But bringing them face to face with their victims may not always be the right way to go.
Young…
Australia’s Ambassador to Indonesia, Greg Moriarty, has been working to secure the release of the 14 year old, amid huge media interest.
AFP/Sonny Tumbelaka
The arrest of a 14 year old Australian boy accused of possessing marijuana in Bali has provoked a media storm. The Australian Ambassador to Indonesia says the case is his “top priority”, and even the Prime…
ABC’s The Slap investigates the complex and very personal views of those at the heart of a smacking case.
ABC
In last night’s ABC program, The Slap, an impulsive slap changed everything. A man struck someone else’s child at a barbecue provoking a legal challenge. In real life, that would be an assault, though…
What is Australia’s responsibility for low-lying neighbours like Palau?
CasaDeQueso
The Pacific Island State of Palau recently announced it will seek an Advisory Opinion from the International Court of Justice (ICJ), asking whether countries have a responsibility to avoid their emissions…
Political activists and bad legislation have combined to create the extraordinary situation where eligibility for awards and prizes can’t be questioned.
Not all prizes and awards – we can still mock Wayne…
False recollections can lead to wrongful convictions.
Justin Gaurav Murgai
A recent series of articles on The Conversation focused on the value of forensic science in criminal cases.
Many specialities were covered. But what about forensic psychology?
Professionals in this field…
The ACCC has pledged to take more businesses to court over anti-competitive behaviour.
Hacklock
When the appointment of Rod Sims as chairman of the competition watchdog was announced earlier this year, there was disquiet among some competition lawyers.
Would Sims, an economist, readily appreciate…
The Centro case shows there are significant differences between the liability and penalty stages of a trial.
AAP
The Federal Court ruling in the Centro Properties Group case in June has been viewed by many as significantly raising the legal bar in relation to Australian company directors' duty of care.
Yet the penalties…
Australian law needs to catch up with technology which means we can be watched at any time.
Flickr/Esther Gibbons
Watching other people is human. It’s why TV shows like Big Brother, and paparazzi magazines flourish. But while some people choose to expose private moments, others do not. And Australian law doesn’t always…
In Australia, forensic evidence is coming under increasing scrutiny.
Andrea Hayward/AAP
FORENSICS AUSTRALIA – Jurors without technical training are frequently required to consider complex forensic evidence.
It’s not just a matter of understanding the forensic evidence: in the case of “opposing…
Bikie gang members in Adelaide last year protesting about laws aimed at breaking their organisations.
AAP
Police across Australia have called for a uniform national law to deal with what they say is a severe criminal threat by outlaw motorcycle gangs.
The law would be similar to legislation in South Australia…
The battles currently being waged raise serious questions about patent law.
Yonhap/AAPIMAGE
The mobile patent wars, it seems, have reached Australian shores.
On Monday, representatives of Apple and Samsung were in the Australian Federal Court, fighting it out over Samsung’s Galaxy Tab tablet…
Would a right to privacy have helped Lara Bingle? AAP Image/Tracey Nearmy.
Who would have predicted there would be serious talk of a statutory privacy tort in Australia, giving private individuals who feel their privacy as been breached the right to sue? But then again, who would…
It costs $207 a day to keep one prisoner in jail.
Flickr/winterofdiscontent
Australia’s prison population is decreasing. But it’s a little too early to break out the champagne. The huge regional differences reveal that imprisonment is not based on the crime you commit, but the…
The phones of victims of the London bombings were allegedly hacked by staff at the News of the World.
AFP/Dylan Martine/WPA pool
The British newspaper The News of the World is being investigated over allegations of hacking into the phones of relatives of the victims of the bombings in London in July 2005. It’s also thought those…
Former Securency chief financial officer Mitchell Anderson, left, is facing foreign bribery charges.
The laying of charges against two Reserve Bank of Australia subsidiaries and six of their former senior managers for alleged bribery of foreign officials represents a truly historic moment in Australian…
Demanding climate data won’t provide a new window into global warming.
nasa hq photo/flickr
When it comes to obtaining research data, Canadian academic Steve Easterbrook said it best:
“Any fool knows you don’t get data from a scientist by using FOI requests, you do it by stroking their ego a…
Centro Properties Group’s directors were found to have breached the Corporations Act.
AAP
The Centro Properties Group ruling is one of the most significant judgments we have had in the areas of corporate law and corporate governance in a number of years.
Federal Court Judge John Middleton…
Australia needs to reassess where it stands on mental health.
Flickr/knicolai
Even a cursory glance at Australia’s mental health system indicates shortcomings in the provision of a range of services to people with mental impairments.
Since 1993, when the Human Rights and Equal…
Despite attempts at regulatory reform, ratings agencies still act with little threat of litigation.
AAP
Standard & Poor’s downgraded Greece’s sovereign debt rating by three notches on Monday, reflecting its view that it would be next to impossible to imagine a scenario where the country could restructure…
ASIC’s active involvement in litigating against company directors is unique.
The outcome of the corporate regulator’s pursuit of Centro Properties Group’s directors over alleged beaches of their duties will have far-reaching implications for corporate governance in Australia…
Under the rule of law bin Laden should have been captured.
AFP/Jim Watson
In the extensive debate about the killing of Osama bin Laden there has been very little discussion of the legal (and possibly moral) aspects of the US operation. This is especially true in the United States…
The Tarkine is our largest cool temperate rainforest, but will that be enough to save it?
Flickr/leonrw
Once a place is heritage listed, it’s protected, right? Wrong. Politics and a flawed statutory regime are undermining the independence of the listing system, and threatening Australia’s national treasures…
