Menu Close

Articles on Australian law

Displaying 141 - 160 of 166 articles

Lawyers like George Newhouse deserve praise, not abuse, when they go to court to ensure people are protected by the rule of law. AAP/Paul Miller

Lawyers who help people protect their rights aren’t the problem here

Australia’s courts serve us well, acting independently in their application of the law. However, that doesn’t protect them from attacks for performing their legal and constitutional duties. Similarly…
In its asylum policy, Australia takes advantage of the fact that international law is not automatically absorbed into its domestic legal system. AAP/Lukas Coch

Australia’s global reputation at stake in High Court asylum case

The Australian government gave an undertaking to the High Court on Wednesday that it would not surrender or deliver the asylum seekers detained on an Australian customs vessel on the high seas to Sri Lankan…
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…
Reforming Victorian homicide law has been a long process, but a bill introduced today is a significant step forward. AAP/Dave Hunt

Victorian homicide law reforms ensure just responses to violence

Victorian attorney-general Robert Clark today introduced a bill into parliament that repeals the offence of defensive homicide. The bill signifies a significant step forward in ensuring just responses…
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…
The Queensland government is playing brinkmanship with the state’s legal fraternity over the appointment of Tim Carmody (centre) to Chief Justice of the Supreme Court. AAP/Dan Peled

History of unchecked executive haunts Queensland in judge fight

The Queensland government’s appointment of Tim Carmody as Chief Justice of that state’s Supreme Court is, without doubt, the most controversial judicial appointment in the nation’s history. This is because…
Detainees protest in the Woomera centre in 2002: ‘Animals in Australia have more rights than we have!’ one wrote. AAP/Tom Miletic

In Australia, animals have better rights than asylum seekers

Several years ago an asylum seeker wrote a letter about his experiences at the now-decommissioned Woomera Detention Centre. This is an extract: I have been in this cage for 13 months … Why should all these…
A judgment on whether voters in Western Australia will return to the polls to re-elect their senators is due on Monday. What’s the legal background to it all? AAP/Paul Miller

In whose interest? The High Court and the WA Senate vote

This week, a lone High Court judge faced a table of 13 barristers to begin resolving the Western Australian Senate election quandary. The hearing took two days and a judgment is likely sooner or later…
Changing ways educational organisations use film content in learning environments could see major changes in the way film producers are paid for their copyright. Public Record Office Victoria

Copyrights and copywrongs: reforming educational film rights

At the end of November, after 18 months of deliberations, the Australian Law Reform Commission will hand down its report on the appropriateness of existing copyright laws in the new digital environment…
Uganda is among 76 countries in the world - and 41 Commonwealth states - that criminalise homosexuality. Should Australia get involved? EPA/Dai Kurokawa.

Decriminalising homosexuality worldwide: should Australia get involved?

In Australia, there is an ongoing debate around the right for same-sex couples to marry. The majority of laws discriminating against lesbian, gay, bisexual and transgender (LGBT) people were repealed in…
Studying law can be confronting and can lead some students to depression or anxiety. But what can be done about it? Law school graduate image from www.shutterstock.com

Law school too hard? Why the struggle could be a good one

As law teachers, we have plenty of hopes for our students. Upon graduating, we want them to have a good grounding in legal knowledge and to be creative thinkers. We also hope they will come out of law…
Whilst there are only a few instances of jurors taking to social media to discuss court cases, experts argue it is ‘the elephant in the room’. Shutterstock

Jurors and social media: is there a solution?

actually excited for jury duty tomorrow…it’s gonna be fun to tell the defendant they’re GUILTY :P - Facebook post, 2010 Guilty guilty…I will not be swayed. Practicing [sic] for jury duty. - Twitter post…
New legislation, if passed next week, will be an important step towards better protection for whistelblowers. Whistle image from www.shutterstock.com

Whistleblowing law now an acid test for federal politicians

After six different parliamentary committees over 20 years, and commitments from all sides of politics, the test is now on for the final week of the current federal parliament. Federal leaders have certainly…
There is no legislation in place that specifically addresses elder abuse with family or carer circles. EPA/Diego Azubel

The mistreatment of older people: is it time to legislate against abuse?

The tragic case of 88 year-old Cynthia Thoresen recently made headlines in Queensland. Mrs Thoresen’s sad decline and the extent of her injuries have been comprehensively documented. Despite shocking neglect…
Recent polling suggests a majority of Australians support same-sex marriage, but should the issue be taken to the people in a referendum? AAP/Dean Lewins

Should Australia hold a referendum on gay marriage?

Despite several Galaxy polls indicating that a majority of Australians support same-sex marriage - and it receiving the support of former prime minister Kevin Rudd - recent proposals for a referendum on…
Media organisations, such as the Kim Williams-led News Limited, have united to dispute the government’s new whistleblowing legislation. AAP/Lukas Coch

Strengthening whistleblower legislation: media industry unites

The Australian media industry is united in its opposition to some key provisions of the federal government’s new whistleblower legislation - now before parliament - and is pushing for some significant…
A NSW parliamentary inquiry has recommended the introduction of a ‘partial defence of gross provocation’ in legal trials involving lethal violent acts. AAP/Angela Brkic

NSW parliamentary inquiry recommends partial reform to provocation law

Yesterday, the NSW parliamentary Select Committee on the Partial Defence of Provocation released its final report. The report contains a set of recommendations for reforming a defence that has long attracted…
Mark Dreyfus has put forward a new bill to protect whistlerblowers, but it falls short in several areas. AAP/Alan Porritt

Keeping us honest: protecting whistleblowers

Australia has been fortunate enough to see mostly honest governments. We’ve experienced neither the corruption of 1950s Italy nor the tyranny of 1970s Brazil. We are not, however, without our issues: give…
Copyright law could make the job of creating Massive Open Online Courses more difficult. Legal image from www.shutterstock.com

Legal learning: how do MOOCs and copyright work?

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 Nobel…
Yesterday’s Federal Court decision has the potential to change the future of online broadcasting. Alan Klim

Battle royalty: is this the end of online radio streaming?

Online streaming of radio broadcasts may be a thing of the past after the Full Federal Court yesterday handed down a ruling that will result in radio stations paying higher royalties to the recording industry…

Top contributors

More