The community must be careful of what it demands of the court system.
Gerard Baden-Clay's successful appeal against a conviction for the murder of his wife should not be misread as a sign of judicial tolerance of domestic violence.
The government’s citizenship-stripping bill passed on the final parliamentary sitting day of 2015.
If we are content to sanction, disapprove and respond to sole nationals committing terror-related offences without revoking their citizenship, why is revocation necessary for dual nationals?
Justice Minister Michael Keenan claims that control orders have proved effective in preventing terrorist attacks in Australia.
Preventive measures such as control orders should not be extended in the absence of evidence for their need or without safeguards.
The government’s new national security bill proposes to expand the secrecy provisions available to courts in control order proceedings.
The bill does not adequately balance the right of someone subjected to a control order to a fair trial and to know the case against them.
Gough Whitlam, pictured here in 2008, looks at the original letter that dismissed him from office in 1975.
Sir John Kerr probably made his own decision to dismiss the Whitlam government much earlier than he acknowledged publicly while alive – but he came to this conclusion in discussion with others.
Family Court clients often have specific needs and vulnerabilities.
Merging the back-end operations of Australia's federal courts could have significant implications for the way in which resources are allocated to meet the needs of family courts and their clients.
Amnesty International alleges breaches of law on transnational organised crime and human rights grounds in relation to Australia’s anti-people smuggling activities.
Amnesty International believes its evidence shows that Australia organised or directed the crew of an asylum seeker boat to commit the crime of people smuggling into Indonesia.
How could Maurice Blackburn prove that poker machine gamblers might be misled by the ‘losses disguised as wins’ technique?
Law firm Maurice Blackburn that plans to use Australian consumer law to argue that poker machine operators are engaging in misleading and deceptive conduct to trick gamblers into using poker machines.
The government is set to extend control orders to children as young as 14.
A control order is only useful where the police have sufficient intelligence about a person’s activity to apply for an order.
Julie Bishop was a particularly strong advocate in urging Indonesia to spare the lives of Myuran Sukumaran and Andrew Chan.
Beyond general expressions of “opposition” to capital punishment, Australia did not emphasise specific human rights principles in its lobbying of Indonesia to spare Andrew Chan and Myuran Sukumaran.
The Turnbull government’s package of measures to respond to domestic violence is a step in the right direction, but much more needs to be done.
Australia needs to treat and respond to domestic violence as a serious crime threat with risk mitigation and crime management strategies.
Outlining a redress framework for survivors was a priority for the royal commission.
The royal commission has made a convincing case for a national scheme for redress: it is more prudent in terms of economies of scale, and more fair and equitable to survivors.
Labor’s Terri Butler is co-sponsoring a bill to make acts of ‘revenge porn’ a federal crime.
The internet, smartphones and social media mean that extensive sharing of private images without consent is far easier than in the past. And the severity of the harm victims suffer is far greater.
A parliamentary committee has reported on the government’s proposed citizenship revocation laws.
A parliamentary committee report recommends several welcome improvements to the government's citizenship-stripping bill. However, several important concerns remain.
Trade union royal commissioner Dyson Heydon refused to find that he was affected by apprehended bias.
There are inherent shortcomings in a procedure that asks judges to make objective and rational assessments about how their own conduct, relationships or interests might appear to others
Applications from trade unions failed to convince Dyson Heydon to disqualify himself as royal commissioner.
Dyson Heydon didn't accept that merely agreeing to give the Sir Garfield Barwick lecture could create an appearance of bias. Judges and royal commissioners are allowed to have political views, he said.
Dyson Heydon prided himself throughout his judicial career on the robust independence and intellectual integrity he brought to the role.
How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
Dyson Heydon is facing a push to remove him as royal commissioner investigating trade union corruption.
Judges and other officials – such as tribunal members and royal commissioners – must not only be impartial, they must also appear to be impartial.
Questions are being asked about why Man Haron Monis was free on bail, but a witch-hunt is unlikely to improve the process of deciding when to keep an accused person in custody.
The spotlight is on a 2013 decision to grant bail to Man Haron Monis, the man responsible for the Lindt Cafe siege a year later. It must be hoped risk-averse politicians can avoid knee-jerk responses.
The message that terrorism is exceptional and egregious will be compromised if the current citizenship revocation bill becomes law.
Multiple concerns have been raised about the citizenship-stripping bill's inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.