Law Report

In a high-profile defamation case, justice Michael Lee found that former political staffer Bruce Lehrmann, on the balance of probabilities, raped his then colleague Brittany Higgins inside Parliament House in 2019.

If someone is charged with a violent crime like murder or assault, what defences can they argue? That depends on what part of Australia you live in.The Queensland Law Reform Commission is conducting a review of the criminal defences which operate in that state – some of them very controversial. Warning: this episode contains descriptions of violence, including murder, assault and domestic violence.

Next month, the Supreme Court of New South Wales marks its 200th birthday. A new book, Constant Guardian: Changing Times, tells the history of the court. In his first extensive interview since his appointment in 2022, NSW Chief Justice Andrew Bell tells Damien Carrick about some of the significant trials discussed in the book.

The Law Report makes the law accessible.

Dividing up intellectual property rights in a divorce settlement. And the case of a mining equipment company that legally can't stop competitors from copying its invention.

The global campaign to end the misuse of non-disclosure agreements. And record damages awarded in a sexual harassment case make it clear courts won't tolerate employers who intimidate complainants.

How are non-disclosure agreements used in the settlement of sexual harassment claims? Damien Carrick speaks to the co-authors of a new study, "Let's talk about confidentiality".

Do we have healthy industry competition in Australia? Do we have the right regulatory framework? Damien Carrick speaks to the chairwoman of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb.

Lawyers for Julian Assange will appear in Britain's High Court this week in what could be the final attempt to stop the WikiLeaks founder from being extradited to the United States, where he faces espionage charges.

Should a parent be held legally responsible for the crimes of their child? And Australian writer and academic Yang Hengjun is given a suspended death sentence in China after being found guilty of espionage.

After 40 years in jail — a new attempt to secure parole for the man said to be Australia's longest-serving Indigenous prisoner. Warning: this episode mentions Indigenous people who have died.

The Law Report makes the law accessible.

The International Court of Justice has held the first public hearings in South Africa's genocide case against Israel. And there's concern over the New Zealand government plan to wind back the principles of the country's founding document, the Treaty of Waitangi.

'Facial recognition for cows', GPS animal tags and DNA testing represent some of the technology being developed to help investigate and solve livestock theft and other farm-related crimes. This episode first aired in February 2023.

Lawyers in the Northern Territory say the shortage of Indigenous interpreters has become so critical that it's significantly contributing to the over-representation of First Nations people in the criminal justice system. This is the first in a two-part special investigation into the impact of interpreter shortages in Australian courts. This episode first aired in July 2023.

Think twice before you fire off that lighthearted emoji – there could be serious legal consequences. This episode first aired in August 2023.

One year has passed since the Federal Court confirmed native title over more than 40,000 square kilometres of sea country in the Torres Strait region. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial evidence in the proceedings. Damien Carrick travelled to Waibene, or Thursday Island, to attend the outdoor sitting and to speak with Traditional Owners. This episode first aired in December 2022.

We've all heard of 'sovereign citizens', a term referring to people who don't believe the law applies to them. But how much do we know about this group and its impact on the courts? This episode first aired in May 2023.

After a long Covid hiatus the office Christmas party is back with a vengeance. We all want to enjoy ourselves, but also have to be mindful of the risks.

The outgoing Independent National Security Legislation Monitor's final report recommends an overhaul of legislation that Grant Donaldson says can be 'unnecessary and oppressive'.

Hungry Jacks has won a legal fight against McDonalds over the use of its Big Jack and Mega Jack trademarks. And a court in Italy has handed prison sentences to more than 200 people over their links to the ‘Ndrangheta crime group.

If a juror does their own research in a trial, does that mean that any guilty verdict reached by the jury is dangerous and should be quashed? And a look at when violence in sport crosses the line and becomes a criminal law matter.

In an historic decision, the High Court has ruled that indefinite immigration detention is unlawful. And could convicted terrorist Abdul Nacer Benbrika be released following a successful appeal against a conviction that saw him stripped of Australian citizenship.

When should the identity of an accused facing sexual assault charges be named in the media? And how closely can your employer monitor you?

What are the unique challenges facing justice systems in the Pacific region?

In a wide-ranging interview, the outgoing High Court Chief Justice Susan Kiefel speaks to Damien Carrick about her unlikely journey to the top judicial job, women in the law, and her support for joint judgments.

What can Australia learn from the outcome of the Voice referendum? And Queensland's government has introduced legislation to make coercive control a standalone criminal offence.

In the lead-up to the referendum vote, the Law Report discusses the constitutional implications of the proposal for an Indigenous Voice to parliament. Also in the program, could pill testing of illicit drugs save lives?

What recommendations does the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability make in its final report to the federal government? And, in a legal first, a South Australian woman has been sent to jail for impersonating a registered health practitioner.

For the first time in Australia, a patient who chose to undergo voluntary assisted dying has donated their organs for transplant. So, how did the strict legal and regulatory frameworks governing the processes in Victoria interact in this case?

The Law Report makes the law accessible.

A Voice to parliament could see Indigenous knowledge and holistic approaches used to help close the gap. We hear from Indigenous leaders with different views.

Can you sue your Judge? "Mr Stradford", a father of two, has been awarded $300,000 in damages in recognition of the significant distress he experienced after he was wrongfully jailed by Federal Circuit Court Judge Salvatore Vasta.

If you knew that something illegal, dangerous, negligent or corrupt was happening in your workplace – what would you do? Who would you turn to for advice?  A new report from the Human Rights Law Centre has found that there has not been a successful case brought by a whistleblower under the federal laws designed to protect employees speaking out about wrongdoing. They’ve now launched a new legal service to give  whistleblowers the support they need to navigate these laws. This week, we also look at the case of Bill Spedding, who will receive $1.8 million in damages for malicious prosecution. In dismissing an appeal by the State of NSW, three judges of the Supreme Court described what happened to the tradesman as the worst case of false and concocted allegations by police – they had ever seen.

In recent years, a number of jurisdictions around Australia have introduced Vulnerable Witness Intermediary Services. These services assist complainants such as children and those with intellectual and cognitive disabilities to give evidence in court or answer questions in police interviews.  While this service in Australia is currently only offered to complainants, the ACT will follow in the steps of Northern Ireland and extend its Vulnerable Witness Intermediary Service to defendants.

Can grass roots community meetings help build support for the Indigenous Voice referendum in Far North Queensland? And the ACT government is considering charges over the unauthorised release of the inquiry report into the Lehrmann sexual assault prosecution.

Think twice before you fire off that lighthearted emoji – there could be serious legal consequences.

Hundreds of thousands of Australian residents, a figure now approaching one million, don't speak English well, or at all. The growing demand for interpreters and the shortfall in those who are suitably qualified to work in the legal sector is putting severe pressure on Australia's busiest courts.

Lawyers in the Northern Territory say the shortage in Indigenous interpreters has become so critical that it's contributing to the vast over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system.

This episode revisits the historic Federal Court decision to confirm native title over more than 40,000 square kilometres of sea country in the Torres Strait region last year. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial evidence in the proceedings. Damien Carrick travelled to Waibene, or Thursday Island, to attend the outdoor sitting and to speak with traditional owners. (This program first aired in December 2022)

The Robodebt royal commission has made damning findings about government ministers and public servants who created and administered the automated debt recovery scheme from Centrelink recipients. And why is the technology company that created ChatGPT being sued in US courts?

The National Anti-Corruption Commission commences operation this week. And a New Zealand researcher investigates how jurors respond to evidence in sexual violence cases. (Warning: the conversation discusses sexual violence and child abuse)

When refugees arrive in Australia, they face huge challenges. So, how do they access the support they need? Perhaps counterintuitively, a newly launched children's book is designed to help refugees get legal assistance.

Why did it take the justice system 20 years to work out that Kathleen Folbigg was wrongly convicted over the deaths of her four infant children? Does Australia need a better way to investigate possible miscarriages of justice?

A New York Judge is considering what sanctions to impose on a lawyer who spectacularly misused ChatGPT. And Australia's only Indigenous federal judge Matthew Myers wants more First Nations people to use the family law courts to get the best outcome for their children.

A judge has thrown out the defamation action brought by Ben Roberts Smith one of Australia’s most decorated soldiers against three newspapers. The judge was satisfied, to the civil standard of the balance of probabilities, that allegations Mr Roberts-Smith was involved or complicit in unlawful killings in Afghanistan were substantially true.  Also, convicted serial killer Kathleen Folbigg has been pardoned and released from jail after 20 years behind bars. New scientific knowledge around the cause of death of her four children was crucial in creating reasonable doubt in her 3 murder and one manslaughter convictions.

The deepening crisis engulfing accounting giant PwC – is this a case of a few bad apples or is there a deeper structural problem? And the Victorian Law Reform Commission is proposing legislative changes to enable deaf and blind people to serve on juries.

When calculating a sentence, a judge weighs up many considerations, including remorse. But is it really possible to determine if an offender is genuinely sorry?

In the race to decarbonise the economy, is there a risk of undermining the rights of Indigenous people? Mining companies Rio Tinto and BHP are proposing to develop north America’s largest copper mine on land considered sacred to the local Apache people.

Can the organisers of a sporting event be held liable for a participant's injuries? And new rules allow Centrelink staff to consider evidence of domestic abuse when assessing a person's relationship status to determine if they're eligible for income support payments.

We've all heard of 'sovereign citizens', a term referring to people who don't believe the law applies to them. But how much do we know about this group and its impact on the courts?

Is there a connection between the Fox News defamation settlement with US voting technology company Dominion and Lachlan Murdoch's withdrawal of legal action against the publisher of Crikey? And what do the sentencing remarks reveal about the secret trial of 'Witness J'?

What happens to tens of thousands of COVID-related fines in NSW after a Supreme Court ruling raised questions about their validity? How dangerous are the ageing oil tankers that help Russia dodge sanctions?

The ACT Legislative Assembly is considering a draft law to protect intersex children from undergoing deferrable and non-urgent medical treatments. And is the use of cryptocurrency really the marker of a sophisticated legal mind? A warning that this episode contains descriptions of surgical procedures.

In a legal first, a court in Western Australia has convicted three members of an outlaw motorcycle gang for displaying their club tattoos in public.

Former High Court judge Kenneth Hayne, a member of the Constitutional Expert Panel, speaks to the Law Report about the Federal Government's proposed referendum, and constitutional amendments, to create an Indigenous Voice to Parliament.

An SAS veteran has been charged with the war-crime of murder under Australian law. A NSW  judge has quashed the prison sentence of a protestor, and a cosmetic company selling a Botox alternative wins in the High Court.

The High Court has overturned the murder convictions of four men found guilty of killing a man in an Adelaide cannabis grow house. And, if a prisoner has a tax-related question, who can they turn to?

Lawyers for former US marine Daniel Duggan have lodged a complaint to the UN Human Rights Committee citing 'degrading' detention conditions as his extradition case is set to return to court.

The US city of Seattle has banned caste-based discrimination and there are calls for Australia to legislate similar protections. And, the UN independent expert on sexual orientation and gender identity, Victor Madrigal Borloz, is in Sydney to address the WorldPride Human Rights Conference.

'Facial recognition for cows', GPS animal tags and DNA testing represent some of the technology being developed to help investigate and solve livestock theft and other farm-related crimes.

Could changes to visa cancellation policies under section 501 of the Migration Act signal a softening of Australia's stand on deportation on character grounds? Also, the sticky note at the centre of a legal challenge to deportation. And fugitive Darko Desic is allowed to stay in Australia.

A Victorian coroner has described the treatment of an Indigenous woman in prison as inhumane and her death preventable. Arrested on the suspicion of minor shoplifting charges, the woman was denied bail. As the Victorian Parliament resumes sitting, Premier Dan Andrews has committed to overhauling the state's strict bail laws. With the permission of the family — we are using the name and the voice of a First Nations person who has died. If the contents of this program cause any distress there is help at Lifeline on 13 11 14 and also 13yarn that's 13 92 76

If you are responsible for a motor vehicle accident, just how far does your legal liability extend?  A court decision could upend the assumption that in an accident, the car behind is always at fault. And a controversial case involving drug use in a parked car may be heading to the High Court.

The Federal Administrative Appeals Tribunal or AAT is to be axed, why and what will replace it? Remote signing of Wills was introduced as a COVID emergency measure, but as a new decision shows, there can be traps.

The New South Wales Supreme Court has ordered a judicial review in the convictions of the so-called 'Croatian Six'. Justice Robertson Wright said there are doubts and questions about the evidence used to convict the men in 1981. This episode first aired in September 2022.

Electric scooters are becoming an increasingly popular form of transport, but there is a confusing mosaic of laws that regulate their use across Australia. So, when accidents happen – who should be held legally liable?

Should patents be granted to Artificial Intelligence algorithms? Should machines have copyright over the art works they generate? What about animals? This episode first aired in June 2022.

In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making.

In the first of a two-part series on women judges, the Law Report focuses on the experience of judge Shakila Abawi Shigarf, who was forced to flee Afghanistan when the Taliban retook power in August 2021.

The Federal Court has confirmed native title over more than 40,000 square kilometres of sea country in the Torres Strait region. For the first time the claim brings together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes.

In the final part of a special for the Law Report we dig through recent cases with legal experts to find out what you can do when the neighbours want to build up and block the sunlight from hitting solar panels on your roof.

Medibank is the second high-profile company to be investigated by the Commonwealth privacy regulator over large-scale data breaches in recent months. Where does the government's legislative response fit within the broader review of the Privacy Act? And in the final part of a special for The Law Report, we dig through recent cases with legal experts to find out your right when the neighbour plans to build up and block the sunlight from hitting solar panels on your home.

When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the third of a four-part special for the Law Report we dig through recent cases with legal experts to find out your rights when it comes to keeping pets in apartments.

Five years on, has the NT royal commission into youth detention achieved what it set out to do? Why do some children commit crime? Research reveals calls for more government support for Indigenous kinship carers in WA. Also, when you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the third part of a special for The Law Report, we dig through recent cases with legal experts to find out your rights when it comes to keeping pets in apartments.

When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on?

Hundreds of thousands of customers could be eligible to claim compensation after three of Australia's biggest banks – the Commonwealth Bank, ANZ and Westpac – settled class actions worth $126m over the sale of 'junk' insurance policies. Also, when you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the second of a four-part special for The Law Report, we dig through some recent cases with legal experts to find out who's in the right when a neighbour's tree is damaging your property.

The New South Wales government has offered a lukewarm response to a parliamentary committee report that calls for an overhaul of the state's coronial system. And, when you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on?

When you are fighting with your neighbour over things like noise, trees or pets, whose side is the law on? In the first of a four-part special for the Law Report we dig through recent cases with legal experts to find out when it comes to noisy neighbours who's in the right.

For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne's forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness. This episode first aired in March 2021.

Why did the actions of one juror lead to a mistrial for Bruce Lehrmann? And the case of a Brisbane motorbike accident victim who failed to secure compensation because he couldn't identify the truck that caused the incident.

The head of a team of United Nations torture experts speaks exclusively to the Law Report about the decision to suspend inspections of detention facilities in Australia. And, in a court or tribunal hearing, can one side use secret evidence that the other can't see?

The UN is urging Australian governments to offer unlimited access to UN inspectors visiting prisons and other detention facilities around the country. And Justice Jayne Jagot has been sworn in as the newest member of the High Court and for the first time a majority of the sitting judges on Australia's highest court are women.

What do Australia's leading lawyers think about the Federal Government's plan to enshrine a First Nations' voice to parliament in the constitution? The country's top legal minds have been meeting to 'pressure test' the draft model. And how should judges be appointed?

Does the Federal Government's draft legislation for a national anti-corruption commission go far enough? And retired UK Supreme Court judge Lord Jonathan Sumption speaks to the Law Report about Julian Assange's fight against extradition to the US, the arrests of protesters following Queen Elizabeth's death, judicial appointments, and Brexit.

When police are called out to a domestic violence incident, do officers' body-worn video cameras always capture an accurate and complete record of what's taking place?

The High Court has upheld the constitutional validity of West Australian legislation that allows prisoners to be held in indefinite detention if a judge finds they could be at risk of committing a serious offence. It's feared the verdict may open the door for other states to expand the use of 'post-sentence' detention laws.

A look at the legal and constitutional role of Britain's Queen Elizabeth II. And the Commonwealth Ombudsman Iain Anderson discusses the expected visit to Australia by the UN Subcommittee on Prevention of Torture.

The New South Wales Supreme Court has ordered a judicial review into the convictions of the so-called 'Croatian Six'. Justice Robertson Wright said there are doubts and questions about the evidence used to convict the men in 1981.

New South Wales Supreme Court Justice Ian Harrison has found former teacher Christopher Dawson guilty of murdering his wife Lynette, who disappeared in 1982. And calls for legislative change to help relieve Centrelink debt for people fleeing family and domestic violence.

The Federal Government has released legal advice from the Solicitor General regarding the former prime minister Scott Morrison's move to secretly appoint himself to multiple ministries. And the High Court has ruled in favour of internet giant Google in a defamation case involving a Melbourne lawyer.

Should activist groups be allowed to use secretly filmed footage to expose the treatment of animals at farms and abattoirs? And Somebody's Daughter theatre company returns to the stage with stories of women's lives in prison, co-written and performed by former inmates.

When parents and doctors disagree, how do courts decide whether to withdraw life support from a hospitalised child? The creation of a federal judicial commission is among the recommendations of the Australian Law Reform Commission's report on judicial impartiality. The high-profile defamation litigation between billionaire politician Clive Palmer and WA premier Mark McGowan has ended in a draw.

Should researchers collect and publish statistics which reveal how judges and tribunal members decide refugee cases? Is this a way of understanding legal decision making or does it risk undermining confidence in the justice system?

Electric scooters are becoming an increasingly popular form of transport, but there is a confusing mosaic of laws that regulate their use across Australia. So, when accidents happen – who should be held legally liable?

Queensland has introduced laws to crack down on 'claim farming', a practice where members of the public are contacted and encouraged to make compensation claims. And a new study has found 'inconsistencies' in the way courts consider the possible impact of media coverage on sentencing decisions.

The small Pacific island nation of Vanuatu is behind a campaign to raise the issue of climate change before the International Court of Justice. And how should culturally sensitive historical photographs be handled? A leading US university is sued for allegedly causing emotional distress.

Torres Strait's low crime rate, the Muster program

Attorney-General Christian Porter has just lodged a defamation action against the ABC. And recently, the full Federal Court upheld a $120,000 damages payout to Senator Sarah Hanson Young by former Senator David Leyonhjelm. Also, new research on who is most likely to commit a serious crime. A former prisoner or former forensic hospital patient?