Law Report

Concerns over privacy breaches linked to smart glasses are seeing authorities around Australia move to restrict where they can be used. Western Australia has announced a complete ban in public schools, which takes effect next month. Local councils are also taking action, with the City of Randwick in Sydney investigating whether it can prohibit smart glasses at public beaches. And the Federal Government is considering restriction in Commonwealth workplaces. But how effective is regulation at this level and do we need a different type of legal response? Also in this episode: if you don't pay your gambling debts to an unlicensed bookie, can they take you to court to recover the money?

The Victorian government has pledged to implement a raft of reforms around domestic and family violence if it is re-elected in November. One promise is to introduce a new manslaughter offence in cases where a person is found to have taken their own life due to family violence. So, is it currently possible to convict a person of murder or manslaughter if they goad or encourage their partner to die by suicide? This has happened in Britain and the United States. And right now, Adelaide woman Jacinta Ann Drust is facing charges of murder and unlawful killing over the death of her boyfriend Antonio Cavaiuolo. Ms Drust has pleaded not guilty to the charges. She denies the allegations and is entitled to the presumption of innocence.

A Sydney computing academic made headlines when he won a landmark case at the Fair Work Commission by relying entirely on artificial intelligence. The Law Report explores concerns over the rapid rise in the use of AI by self-represented litigants in employment law disputes.

If a relative asks you to be the executor of their will, should you accept? What can go wrong and what do you need to know before you agree to take on the role? When disputes arise, executors are the ones left to clean up the mess, often navigating difficult family dynamics. And saying yes to being an executor can make you personally liable for someone else's debts. Sydney lawyer Donal Griffin explains what the job involves, from settling the deceased's tax and debts to the risk of being held personally liable if you distribute too soon and a claim lands months later. He also covers the conflicts that arise when the executor is also a beneficiary, and the odd habit of people naming politicians and public figures they've never met to run their affairs. The Law Report's special series Over My Dead Body explores the challenges faced by executors when finalising and distributing an estate. This conversation does not represent or replace legal advice.

You work the family farm your whole life, then it's left to someone else. When drafting a will, the law says you don't have to be fair or equal in deciding who will receive your estate. So, after you pass away, can disgruntled family members or friends challenge your will in the courts? Conflicts over inheritance arise in many families but are particularly fraught and complex in farming families. Andrew Lawson of the Australian Centre for Agriculture and Law at the University of New England explains why the farm behaves almost like a third party in the family, and how the courts weigh need over fairness.  He unpacks a $20 million farm fight where two siblings sued the estate and only one won, and the High Court case of a share farmer who toiled for decades on the promise the land would be his, only to see it left to someone else. The Law Report's special series Over My Dead Body looks at farming family fallouts over inheritance and the unique challenges they create around succession. This conversation does not represent or replace legal advice.

A frozen fish packet. An unsent text. A tractor fender. Courts have accepted all of these as valid wills. You want to write a will and make sure that your assets go to those who you think deserve your generosity. So, how can you make sure the will is binding? Does it need to be a formal document, printed out and signed with a pen? Or can a valid will be a word document, an email or text message? Can it be written on a frozen fish packet or the wall in your home? Wills expert Professor Pru Vines of UNSW walks through the strangest cases courts have accepted, including a British man who left his entire estate to charity on fish and mince pie packaging, a dying Canadian farmer who scratched his wishes into a tractor after it rolled on him, an unsent phone text upheld in Queensland, and a woman who recorded her will on a smartphone while chastising her children. The Law Report's special series Over My Dead Body looks at how courts decide whether an unconventional or irregular will is or isn't valid. A warning, this conversation makes multiple references to suicide, so take care when listening. It also does not represent or replace legal advice.

An elderly man goes into respite care and meets a nurse he's never known before.  Within days she's bought him a will kit and had a document drawn up that leaves everything to her.  He dies weeks later. Was that his clear settled wish, or something else entirely? Proving the difference is where it gets hard. And messy. When it comes to wills, how big an issue are fraud and undue influence? And what sorts of questions arise over how a will is made? Melbourne lawyer and elder financial abuse specialist James Dimond takes us inside these disputes, from a will signed by pressured witnesses to a father who cut out his son after his daughter convinced him her brother was a dangerous criminal, and the legal idea courts call "poisoning of the mind". The Law Report's special series Over My Dead Body explores what happens when wills go wrong. A reminder, this conversation does not represent or replace legal advice.

The criminal trial of former radio broadcaster Alan Jones has begun in the Local Court in Sydney.

The Victorian parliament has published a groundbreaking inquiry into the recruitment methods and impacts of cults and organised fringe groups. Among the inquiry's recommendations are world-first laws to criminalise coercive control behaviours by groups.

It's 150 years since the birth of William Ah Ket, Australia's first lawyer of Chinese descent. He was involved in two significant legal victories that kicked back against laws that discriminated against Asian Australians in the early 20th century. The Law Report explores the life and career of this remarkable Australian, his achievements and how his legacy resonates today.

This year marks 50 years of the Family Law Act – legislation that revolutionised the way Australians divorce. Two former family law judges sit down with Damien Carrick to revisit a time before no-fault divorce, when unhappy spouses often employed private detectives to prove adultery.

What is it like to have the responsibility of deciding if a violent offender should be released from prison and allowed back into the community?

In a legal first, the Federal Court has handed down a sexual harassment decision under protections recently introduced to the Fair Work Act.

If a child is injured by tear gas in a youth detention centre, are the authorities liable? And can a protester injured by police during a demonstration seek damages?

The Court of Appeal in London ruled that it was open to Britain's home secretary to designate the Palestine Action protest group as a terrorist organisation.

The Law Report looks at the Victorian government plans to ensure health and counselling information is not used in court without the consent of victim survivors, who will also be given the choice to pre-record their evidence ahead of trial.

Artificial intelligence is revolutionising all parts of the economy and our institutions — corporate boardrooms and the courts are not immune.

A court has found that a South Australian farmer was responsible for setting fire to a pile of vegetation that was left smouldering and reignited six months later, causing a devastating bushfire.

There's been a wave of defamation suits from within the Trump administration targeting the US news media. Is it legitimate litigation or lawfare?

In a case that's transfixed the US, a woman who wrote a children's book about grief following her husband's death has been sentenced to life in prison for his murder.

Imagine you are a victim of crime and need therapy to help deal with a traumatic memory. Would you go ahead if it meant that your case might not be prosecuted because the treatment could deem your evidence unreliable or inadmissible in court?

There are no political donation laws in Victoria following a High Court decision that overturned legislation in place for nearly a decade.

The Law Report speaks to victims who are calling for the banking giant to compensate them, and asks, how effective are Australian laws in dealing with sophisticated scams?

Australia's most decorated living soldier Ben Roberts-Smith has been granted bail after being charged with five counts of the war crime of murder. Why was he granted bail? And why did the judge find there were exceptional circumstances and bail did not impose any unacceptable risks?

In countries where voluntary assisted dying is allowed, there are very different legal frameworks. A high-profile case in Spain raises questions of whether the procedure should only be allowed if there is a terminal illness. Should the medical criteria also include mental distress? And how does mental illness impact on the idea of agency and choice?

Indigenous incarceration rates are off the scale in Australia. For the last four years, the District Court of New South Wales has been trialling the Walama sentencing list, a program aimed at reducing recidivism.

The Law Report is asking some big picture questions about the pros and cons of facial recognition software use by police and retailers.

Should the Federal Government have powers to restrict the movement of former immigration detainees in the community?

How accurate is a recent report that claims Victorian courts issue more suppression orders than in any other Australian jurisdiction?

What arguments and information should courts be hearing when they are sentencing an offender? In April, a tool to assist defence lawyers and judges will go national.

Matthias Bekier, former managing director of Star Entertainment, the company which operates Sydney’s Star Casino and Paula Martin, Star Entertainment’s former legal counsel both failed to address money laundering risks and criminal associations between 2017 and 2019. That’s the finding of Justice Michael Lee of the Federal Court, who at the same time dismissed similar cases against a number of Star Entertainment’s non-executive directors. What does this finding mean for both executive and non-executive directors? Guest:  Anthony Whealy, former NSW Supreme Court judge, Chair of the Centre for Public Integrity and a Former New South Wales Court of Appeals Judge, he’s also a former assistant commissioner to the NSW ICAC. (Independent Commission Against Corruption) To hear more in-depth expert coverage of the important legal stories and cases of the week, search for The Law Report podcast on ABC Listen or wherever you get your podcasts.

The Law Report is shining a light on claims or disaster chasers who approach people whose homes have been damaged by a severe weather event.

Two former family law judges sit down with Damien Carrick to revisit a time before no-fault divorce, when unhappy spouses often employed private detectives to prove adultery.

Queensland has introduced a bill to ban the slogans "from the river to the sea" and "globalise the intifada". Western Australia wants to give police the power to refuse a protest permit if a public event is deemed likely to promote hate. It comes after New South Wales imposed tight restrictions on the Sydney protest against the visit of Israel's president Isaac Herzog.

The Law Report speaks to Richard Hermer, attorney general for England and Wales, who was in Australia recently with a message centred on upholding the rule of law. And why do individuals and corporations donate to political parties?

Can artificial intelligence reveal the assumptions judges make? Or help lawyers and litigants to identify appeal arguments?

In the wake of the Bondi mass shooting, the federal government has passed two significant pieces of legislation that it says are aimed at preventing future attacks.

In the aftermath of Victoria's catastrophic bushfires, we look at how communities attempt to rebuild their lives and homes. We also discuss navigating complex legal issues, including insurance, debts, tenancy rights, and fakes tradies or other scammers who prey on vulnerable people in the wake of natural disasters.

In Australia, 'what is death' and other legal definitions, such as what constitutes human tissue, have not kept up with advances in medical science. The Australian Law Reform Commission is conducting the first review of human tissue laws in nearly 50 years.

An emoji, a protest placard and a tweet by a soccer fan have all led to criminal charges in Britain. The Law Report explores how language and cultural expression are used in the prosecution of non-white people for race hate offences.

Can art change lives? The Confined 16 exhibition in Melbourne celebrated the works of First Nations artists who picked up the paint brush while they were in prison.

Does pill testing save lives? The Law Report's Damien Carrick visits a pop-up service at a Melbourne music event where substances are checked, and staff talk to partygoers about reducing risk when using drugs.

This year saw a massive manhunt for alleged police shooter Dezi Freeman in Victoria's mountainous north east. In the past, the 56-year-old has been linked to the sovereign citizens movement. So, who are sovereign citizens? And what impact are they having on Australia's justice system?

What impact could Victoria's historic treaty have on policy, legislation and governance for the state's First Peoples?

In the United States, there is increasing attention on young people's interactions with AI chatbots. OpenAI is being sued over allegations that its ChatGPT platform caused users to experience delusions and even encouraged some to take their own lives.

In two weeks' time, Australia's social media ban for children under 16 will come into force. How will it work? Will it protect kids from online harm? And could they find ways around the restrictions?

Are prenuptial agreements always legally watertight? Or can they be tossed out by the courts? The High Court recently handed down a decision that focused on a poorly drafted prenup and to what extent the disgruntled client could sue the lawyers who drafted the leaky document.

November 11 marks the 50th anniversary of the dismissal of Prime Minister Gough Whitlam by Governor-General Sir John Kerr — an event that exposed and tested the architecture of Australia's constitution.

The Australian Law Reform Commission is celebrating its 50th anniversary. The Law Report's Damien Carrick hosted an event in Melbourne to mark its half century.

The implied freedom of political communication has been at the centre of several recent high-profile court decisions. The Law Report asks: do Australians have a constitutional right to freedom of speech? And what form does it take?

The Federal Government says it wants to reform the Freedom of Information system - what's in the proposed changes? And is the law keeping up with the growing number of pornographic deepfake images of young people being shared online?

The High Court has unanimously upheld the use of police evidence obtained by monitoring an encrypted messaging app used by organised criminals. The decision is a huge victory for policing, but does it raise questions about the breadth of Australia's surveillance laws?

As driver assistance technology become more prevalent, a persistent question remains: who is liable in the event of an accident? And looking into a future where fully driverless cars take to Australian roads: what new laws will we need?

Queensland man Terry Irving was recently awarded $130,000 in damages for a malicious prosecution over 30 years ago. The Law Report looks at compensation for wrongful convictions in Australia and asks: do we need a better system?

How does the recent advisory opinion handed down by the International Court of Justice shape discussions around climate change at the United Nations? And do Pacific island nations – among the most vulnerable to the impacts of global warming – believe Australia is doing enough to combat climate change?

Papua New Guinea is celebrating 50 years of independence from Australia. Among the country's historic achievements is the national constitution, created in the 1970s using a groundbreaking process of public consultations across PNG. Five decades on, how well has PNG's constitution served its people?

"Your failure to exhibit any remorse pours salt into all the victims' wounds," said Judge Christopher Beale in sentencing Erin Patterson to life in prison, with a non-parole period of 33 years, for the murder of her elderly in-laws.

A massive manhunt for alleged police shooter Dezi Freeman is continuing in Victoria's mountainous north east. The 56-year-old, who is accused of killing two police officers, has expressed ideas linked to the 'sovereign citizen' movement. Who are sovereign citizens? And what impact are they having on Australia's justice system?

Former Coalition Federal Minister Linda Reynolds has won her defamation case against former parliamentary staffer Brittany Higgins. It has been widely reported that both parties literally put their houses on the line to fund their legal campaigns and today, almost a year after the trial wrapped, Justice Paul Tottle of the WA Supreme Court ordered that Brittany Higgins pay Linda Reynolds $315,000 in damages and $26,000 in interest. The trial centred on three social media posts written by Brittany Higgins, four years after she alleges she was raped in parliament house by her then colleague Bruce Lehrmann.  The social media posts criticised her then boss Linda Reynolds. Defamation law expert Dr Jessica Lake joins host Damien Carrick to analyse why Higgins legal team defences of truth, fair comment and qualified privilege mostly failed and what this will mean for future defamation cases.  To hear more in-depth expert coverage of the important legal stories and cases of the week search for The Law Report podcast on the ABC Listen app or wherever you get your podcasts. Guest: Defamation Law expert Dr Jessica Lake from Melbourne University Law School

Victoria is the latest jurisdiction to adopt laws that punish offenders who brag about their crimes on social media, as Western Australia considers a similar bill to increase the maximum prison sentence. Critics fear the legislation could stifle free speech and lead to a rise in youth incarceration. And Australian regulations around electronic cigarettes are being tightened - are the new rules working?

The Nine Network's Federal Court victory over high-profile surgeon Munjed Al Muderis marks the first time a media organisation has defended a defamation case on public interest grounds. And two people who claim to have directed a documentary being screened at the Melbourne International Film Festival are at the centre of an unusual legal fight.

The Federal Court has awarded a record $305,000 in damages to a young woman who was sexually harassed by her employer at a Sydney fast food restaurant. And is it time to change how Australian law defines terrorism?

As more countries move towards formal recognition of a Palestinian state, the Law Report examines the conditions for statehood under international law. And what are the risks, benefits and opportunities presented by electronic wills?

The Law Report speaks to one of the Australian women who won the right to sue Qatar Airways after being subjected to invasive searches at a Doha airport in 2020. And what does the International Court of Justice say about Australia's responsibility to combat climate change?

As the International Court of Justice prepares to deliver a long-awaited climate advisory opinion, the Law Report explores the Federal Court ruling that Australia's government does not have a legal responsibility to protect Torres Strait islands from the impacts of climate change. And Denmark is planning to give citizens copyright protection over their face and voice.

In Australia, 'what is death' and other legal definitions, such as what constitutes human tissue, have not kept up with advances in medical science and technology.

Robodebt has shown that relying on automated decision making tools can be disastrous. What checks and balances could be developed to guide the safe and ethical use of AI in government operations, policy making and service delivery?

After seven days of deliberation, a jury has found Erin Patterson guilty of murder and attempted murder. The 50-year-old woman was found to have deliberately poisoned four members of her estranged husband's family by serving them a meal containing poisonous wild mushrooms two years ago. The trial in the Victorian Supreme Court in Morwell, outside of Melbourne, ran for more than two months and has drawn international attention.

The jury in mushroom cook Erin Patterson’s triple murder trial has retired to deliberate the verdict, guilty or not guilty. But what happens in there behind closed doors?  When they retire to the deliberation room, should they leave all of their personal beliefs and prejudices at the door? And is this even possible?  How does it work?  In this episode from our special series Inside the Jury Room which first aired in 2018 Damien Carrick sets out to find the answer.

US President Donald Trump has praised a landmark Supreme Court ruling that struck down 'universal injunctions' issued by lower court judges, made in response to his executive order on birthright citizenship. What are the implications for numerous Trump administration policies blocked by court injunctions? And for the legal boundaries of presidential power?

The Federal Court has ruled that the ABC wrongfully dismissed journalist Antoinette Lattouf for reasons including that she "held a political opinion opposing the Israeli military campaign in Gaza." In this special episode, the Law Report looks at what the verdict means for the ABC, and employers and employees more generally.

Warren Tredrea, a prominent Adelaide football personality who unsuccessfully sued Channel 9 for unfair dismissal, has argued in court that his legal debt to the media organisation was settled with a written IOU note. Is this an example of 'pseudolaw'? And how do pseudolegal arguments impact on the courts' work?

Huge property loss is upending the lives of communities in flood-hit parts of New South Wales — what's happening to the rise in insurance claims in areas prone to flooding? And a look back at 50 years of the Australian Racial Discrimination Act.

Can art change lives? Confined 16 is an exhibition in Melbourne of First Nations artists who picked up the paint brush while they were in prison.

The return of high-profile whistleblowing cases to court has renewed calls for legislative reform in Australia to better protect, provide oversight and support to, those who expose wrongdoing in the public and private sectors.

A Victorian woman is on trial accused of poisoning her lunch guests by serving them a meal laced with death cap mushrooms. And a Tasmanian couple banned from taking their alpaca into a supermarket is accusing the store of disability discrimination.

Does pill testing save lives? Damien Carrick visits a pop-up service at a Melbourne music event where substances are checked, and staff talk to partygoers about reducing risk when using drugs.

In 2016, Queensland was the first Australian jurisdiction create a stand-alone offence of non-fatal strangulation. Since then, every other state and territory has followed its lead - most recently Victoria. Almost a decade on, the Queensland Law Reform Commission is conducting an inquiry into the offence.

What's behind the Labor Party's overwhelming election victory? And can AI-based technology be used to discriminate against job applicants?

Two recent court decisions could help shape the debate, and perhaps the law, on when children can be given puberty blockers and cross-sex hormone therapy.

The Hon. Debbie Mortimer, Chief Justice of the Federal Court of Australia, joins Damien Carrick in a conversation about live streaming court cases, suppression orders and access to court documents.

A Queensland man convicted of murder has failed to convince the High Court to strike out laws that were used to deny him parole for refusing to cooperate with authorities searching for one of his victims. And the fate of endangered forest glider possums could be a little safer following a ruling that allows a community environmental group to prosecute the Forestry Corporation of New South Wales.

U.S President Trump's announcement of reciprocal tariffs has sent shockwaves through the world economy, but are these liberation day tariffs constitutional? Meanwhile, in the federal budget, the government included a surprise announcement that it will ban certain non-compete clauses. What will this mean for small businesses as well as low wage employees?

The Trump administration's clashes with the US judicial system are escalating, and two federal judges are in the eye of the storm.

An emoji, a protest placard and a tweet by a soccer fan have all led to criminal charges in Britain. Were the prosecutions appropriate?

How can we improve the experience of survivors of sexual assault in the legal system? The Australian Law Reform Commission has released the findings of a major inquiry into justice responses to sexual violence.

The federal opposition has vowed to roll back remote work entitlements for public servants if it wins the next election — a policy the Labor government says was stolen from US president Donald Trump. Meanwhile, the Fair Work Commission has ruled in favour of a dad who wanted an extra "work from home" day.

What steps does a mentally ill offender have to take to convince authorities they no longer pose a risk to the community or to themselves? And the Federal Court has heard closing arguments in the high-profile employment law dispute between freelance journalist Antoinette Lattouf and the ABC.

To what extent should police be allowed to hack into phones, computers and encrypted communication to counter online crime? And new research says private practitioners are abandoning Legal Aid work.

The High Court has ruled that all judges have immunity from civil action over decisions handed down in court. And how did a Sydney baby food company score a rare legal win against global supermarket giant Aldi?

When is an employer liable for psychiatric injury sustained in the workplace?

Australia's new hate crime laws introduce mandatory sentencing for convictions over public displays of hate symbols and terror-related crimes. And prosecutors drop a murder charge against a woman who argued she was asleep when she fatally stabbed her husband.

Members of a fringe religious group in Queensland have been found guilty of manslaughter following the death of a child. And can you sue your employer if disciplinary processes at work cause your mental health to deteriorate?

The Kimberley Land Council is being approached by several native title groups keen to follow in the footsteps of Western Australia's Karajarri people, who have achieved a legal first.

The Law Report looks at the legal fallout from the devastating fires across Los Angeles. And who can be held liable for catastrophic bushfire damage in Australia?

When there's a dispute over the medical treatment of a gravely sick child, who gets the ultimate say?

How are NDAs used by lawyers in the settlement of sexual harassment claims?

This year, the Supreme Court of New South Wales celebrated its 200th birthday.

Justice Joe Willams, the first Māori member of New Zealand's Supreme Court, speaks to the Law Report about how First Nations concepts are being adopted into the common law.