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Articles on Law

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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…
Sally Kuether has no right of access to any secret evidence against her but faces a mandatory six months’ jail if convicted under Queensland anti-bikie laws. AAP/Miranda Forster

Knowing the case against you: secrecy is eroding fair process

In a courtroom crowded with supporters, Queensland woman Sally Kuether was released on bail late last month. Kuether, a librarian, had been arrested and held in custody for six days under the state’s notorious…
Australian law is allows for breastfeeding and expressing milk wherever we are. Hobo Mama/Flickr

For breastfeeding in public, laws are not enough

It’s rare for a significant period of time to pass before another debate about breastfeeding takes place in the media. The latest? Some of the highest authorities have said breastfeeding is okay, even…
Female barristers have had to challenge the male-dominated professional norms of the Bar. AAP/Gillian Ballard

Australian women must hold their nerve until justice is served

Australian men and women in relatively equal numbers obtain undergraduate and postgraduate degrees in political science, law, medicine, business and economics. There is no shortage of women academics…
Code-breaking genius Alan Turing was driven to suicide by the criminalisation of homosexuality. Such convictions still haunt many Australians. AAP/Keir David

Saying sorry for governments intruding in your bedroom

It is time for all Australian governments to acknowledge a historic wrong. In doing so they will help to right an injustice and demonstrate a real commitment to respect for all Australians. Earlier this…
The Coalition government’s deal with the states over schools funding should not be broken so easily. AAP Image/Tim Dornin

Legally binding or not? Why breaking the Gonski funding deals matters

Education minister Christopher Pyne has announced the new government will dump the agreements with the states on the Gonski school funding reforms, negotiated by the former Labor government. Pyne has said…
It’s set to be a big few months for the High Court of Australia. What are the key cases to watch? petelawley

The High Court – coming to a Centre Stage near you

In coming months, the High Court – the highest court in Australia and the final arbiter on the meaning of the Constitution – will decide several high-profile cases. These decisions, which may result in…

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