Law Report

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.

Research published earlier this year examines the impact of heavy workloads on the wellbeing of judicial officers and the quality of justice delivered.

Veteran crime reporter John Silvester talks to Damien Carrick about some of the big developments in the criminal justice space in recent weeks.

It's the Australian trial verdict that attracted worldwide attention.

Tasmanian Supreme Court Justice Gregory Geason resigned after he was convicted and sentenced for assault and emotional abuse or intimidation. The Law Report looks at the broader question of how Australian jurisdictions balance judicial independence with accountability.

The High Court has found that it is not possible to find the Catholic Church 'vicariously liable' for the actions of molesting priests because they are not legally speaking employees. And Victorian drivers with medicinal cannabis in their system will no longer automatically lose their licence.

What does Donald Trump's election victory mean for his legal problems? And the case of a daughter who sued her father for sharing their private conversations.

What's it like to have the responsibility to decide if a serious violent offender should be released from prison and allowed back into the community?

Two unfair dismissal cases highlight a changing workplace.  A Philippines based legal assistant has just won the right to bring an unfair dismissal case against her former employer. And the case of the stevedore with a medicinal cannabis prescription.

In his first media interview, Administrative Review Tribunal President Justice Emilios Kyrou outlines some of his new powers. They include the ability to order the publication of low level, routine decisions, which may reveal systemic bureaucratic failures such as the Robodebt disaster.

How should the law respond to the risks and benefits of Artificial Intelligence?

How do tenancy tribunals balance the competing needs of tenants and landlords? And why is Victoria - from a tenants' perspective - ahead of the pack?

To what extent should employers be able to restrict employees from expressing their views and opinions in public?

Mexico is set to become the first country in the world to allow voters to elect every one of its 7,000 judges.

What happens when serious juror misconduct jeopardises a trial? And how can jurors be protected from outside pressures?

A new 'world-first', 12-month visa allows migrant workers to stay in Australia while they pursue unpaid wages or compensation for other forms of workplace exploitation.

Nearly one year into the Israel-Gaza war, how can the International Criminal Court move forward with its investigation into the conflict?

Allegations of atrocity crimes cannot be prosecuted in Australian courts without consent from the Government's top legal officer, who also has the power to block prosecutions.

Join playwright Suzie Miller (Prima Facie) for an insightful conversation about women working in the law.

Playwright Suzie Miller (Prima Facie) explores a pilot program in New York that brings together survivors and perpetrators to address the impacts of harm from sexual assault.

Playwright Suzie Miller (Prima Facie) speaks with those at the forefront of change in sexual assault law in Australia.

International prosecutions have focused concern on the 'hidden crime' of commercial trade in human organs. So, what is the best way to respond to organ trafficking and 'organ transplant tourism'?

Prisoners are being released early in a bid to tackle overcrowding in Britain's jails. And, buying property with help from the 'bank of mum and dad' is becoming increasingly common, so what can go wrong if the loan terms aren't clearly spelt out?

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 a dispute over the medical treatment of a gravely sick child, who gets the ultimate say? Three recent court rulings in New South Wales deal with this profoundly difficult issue.

The case of the careless driver with diplomatic immunity who soured Britain's relationship with the US. And the former high commissioner in Canberra who was held accountable for exploiting a domestic worker.

Two English judges have resigned from Hong Kong's Court of Final Appeal. Should four Australian judges stay or go? The Australian Law Reform Commission has made a set of recommendations on how anti-discrimination laws should operate in religious schools.

New research examines the impact of heavy workloads on the well-being of judicial officers and the quality of justice delivered.

Traditional owners have welcomed an announcement by Parks Australia that it would plead guilty to damaging a sacred site at Gunlom Falls in Kakadu National park. The move follows a landmark High Court decision which found that statutory bodies can be held criminally liable for damaging cultural sites.

Bad fences make bad neighbours! The Law Report explores your rights and responsibilities when it comes to fences and boundaries.

What are Donald Trump's legal options after the former US president was found guilty of falsifying business records in the 'hush money' trial?

From abandoned cars to electric vehicle charging, the Law Report shifts gears on your rights and responsibilities when it comes to cars in strata blocks.

In a legal first, a Queensland tribunal finds the social media platform formerly known as Twitter can be held liable for hate speech published on the site. Can a victim of road rage claim workers compensation? And the Law Report drives around the frustrations of cars in apartment blocks.

Do you ever feel like you're being watched? The Law Report zooms in on curious neighbours and talks to experts about your rights and responsibilities when it comes to residential surveillance cameras.

Britain's High Court has ruled that WikiLeaks founder Julian Assange can bring a new appeal against extradition to the US on espionage charges. Also in the program, a legal decision that could be a game changer for hundreds of Australians who developed lung cancer after being exposed to asbestos.

The Law Report follows the flow of cases that create waves between neighbours and talks to experts about your rights and responsibilities when it comes to water.

Former military lawyer David McBride has been sentenced to five years and eight months in prison for leaking classified documents that exposed allegations of Australian war crimes in Afghanistan.

Everybody needs good neighbours, but what do you do if yours are big stinkers? In the first of our six-part series, The Law Report sniffs out the neighbourhood smells that have landed in court, so you know where you stand with the law and the pong next door.

Should an employer be able to restrict your future work options?When you are fighting with your neighbour over things like fences, cameras or cars, whose side is the law on?

Justice Joe Willams, the first Māori member of NZ's Supreme Court, speaks to Damien Carrick about how courts in his country are adopting First Nations concepts in the common law.

Donald Trump's high profile criminal trial gets underway in New York. And meet the tough former prosecutor who became responsible for monitoring the reintegration of Victoria's most dangerous criminals.

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.