Articles on Law

Displaying 341 - 360 of 461 articles

The 18-month jail sentence imposed on Andy Coulson in the UK phone hacking trial raises questions about the value attached to people’s personal information. EPA/Will oliver

Crime and punishment must keep up with the Information Economy

If someone breaks into your home and steals your possessions, it’s a crime you can easily understand. Most crimes are offences against property or the person. Even crimes such as defamation are attacks…
Could politicians and scientists in the future be charged with “climate negligence”? Julie G/Flickr

Will the climate debate end up being fought in court?

Society generally has a clear idea of what constitutes a crime, and those in positions of power are usually held to very high standards. Politicians charged with making decisions on the needs of society…
Being arrested does not make a person guilty and deserving of punishment; that’s what a trial determines. AAP/NSW Police

Not for punishment: we need to understand bail, not review it

Courts make hundreds of bail decisions every week but we rarely hear about them. In the past month in New South Wales, however, we have heard much about three high-profile decisions granting bail to: Steven…
Victims of crime may feel offenders get off too lightly, but being represented at sentencing isn’t necessarily the solution. AAP/Dan Peled

Lawyers for victims of crime won’t guarantee better results

The South Australian Commissioner for Victims’ Rights, Michael O’Connell, recently called for victims of crime to have their own lawyers at the time that criminal defendants are sentenced. O’Connell’s…
You can hide for now but maybe not forever. shutterstock man with hat over face

Tough times ahead for the right to be forgotten

As Viviane Reding, vice-president of the European Commission, congratulates herself for forcing Google to comply with the right to be forgotten, she might want to take a moment to think about some issues…
Couple risk getting caught by the tide. Vicki & Chuck Rogers

Common-law marriage myth highlights desperate need for reform

Your common-law wife and husband do not exist. Next month will see the latest stage in the latest attempt to improve the legal standing for people that live together but choose not to marry. With nearly…
We should continue to agitate for fairer, cheaper and more just legal systems, after a Productivity Commission draft report noted the difficulties for many in accessing justice. AAP/Dave Hunt

‘Slow, expensive, complicated’ legal system must be improved

Half of all Australians will experience a legal problem this year. Most won’t get legal assistance or come into contact with our courts or other legal institutions. In part, this is because Australia’s…
Progress on fair gender representation in judicial appointments has been slow. AAP/Michael Milnes

‘Missing’ female judges all but invisible in Queensland row

Queenslanders have been subjected to a barrage of media coverage of state attorney-general Jarrod Bleijie going public with a private conversation he had with the President of the Court of Appeal, Margaret…
George Pell explained his actions in the landmark Ellis sex abuse case to the Royal Commission by saying he was relying on legal advice. AAP/Dan Himbrechts

Pell was wrong to blame the lawyers, but they aren’t blameless

When counsel assisting the Royal Commission into Institutional Responses to Child Sex Abuse put it to Cardinal George Pell last week that his lawyers weren’t his moral advisors, she was implying that he…
There hasn’t been a radical increase in violent acts on public transport, despite growing public concern. AAP/Dan Peled

Tranquil travel: violence on our public transport networks

Last month, a video of an elderly man’s alleged assault on a Gold Coast bus went viral on social media after a passenger filmed the confrontation. The incident put the sometimes-ignored issue of violence…
As attorney-general in the Newman government, Jarrod Bleijie is entitled to defend the state’s bikie laws, but not to deflect responsibility for decisions on to the state’s legal officers. AAP/Dan Peled

Politicising advice: a cautionary tale for all governments

Queensland solicitor-general Walter Sofronoff QC resigned last week. He has now revealed his outrage at the conduct of Queensland attorney-general Jarrod Bleijie. Bleijie has appeared willing to breach…
The Mr Big technique that caught Daniel Morcombe’s killer, and ultimately led to his conviction, deserves credit for solving the long-running investigation. AAP/Supplied

Mr Big: the covert technique that solved the Morcombe case

The 2003 disappearance of 13-year-old Daniel Morcombe in Queensland highlighted the difficulties police face when investigating a potential murder with no body and no crime scene. Ultimately, it was the…
Amid the constant debate about Religious Instruction in schools, what does the law say? www.shutterstock.com.au

Explainer: what the law says about Religious Instruction in schools

In recent weeks the issue of the religious content of Australian education has been hotly debated. Last week The Age reported the latest development. Principals in several Victorian state schools had ceased…
In the face of rising opposition to its anti-bikie measures, the Queensland government must find a way to cut through the rhetoric with facts and stop inflaming the debate. AAP/Dan Peled

The battle to win hearts and minds in Queensland’s bikie war

One fascinating aspect of the Newman government’s “war on bikies” in Queensland has been the battle for the hearts and minds of average citizens. In an attempt to convince the public of the threat – and…
Out, then in, then out again: Greens Senator Scott Ludlam was returned in a recount, but says the court made the ‘right call’ because voters were disenfranchised when votes went missing. AAP/Alan Porritt

Missing votes mean it’s back to the polls for Western Australia

Although the Court of Disputed Returns has not yet formally declared that Western Australia’s half-Senate election was void, Justice Hayne’s judgment has made it clear that this is the necessary, or as…
http://www.flickr.com/photos/national_museum_of_australia/5056220012/

Racism of rigid legalism greets asylum seekers and their kind

We rightly celebrate living in a society where law and order prevail. Being able to follow established rules allows for the smooth operation of the many necessary transactions of everyday life. Yet it…

Top contributors

More