Justice Brereton’s report into alleged war crimes by our special forces in Afghanistan is triggering a lot of discussion around failures in lines of accountability. It raises questions about on-the-ground Australian Defence Force lawyers, the very people who are meant to be experts in the Laws of War. And the Right to Silence. The High Court of Australia quashes a conviction and orders a retrial because the trial judge made comments to the jury about the accused’s decision not to give evidence.

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How well did ADF Legal Officers in Afghanistan perform their task? And the right to silence a focus in High Court decision

If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930's involving a pair of woollen long johns.  

How itchy underpants created our consumer laws

In northern NSW, Lismore Local Court Magistrate David Heilpern has just retired at the age of 58. In a candid conversation about his working life, its challenges and stresses, he also outlines his misgivings about the NSW drug driving laws which played a big role in his decision to step down.

Retired Magistrate David Heilpern critical of NSW drug driving laws

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due to the Covid-19 pandemic. So what are the implications of this case for workers and their employers? If you or anyone you know is affected by family violence there is help available at 1800 RESPECT 1800 737 732 Lifeline on 13 11 14 safe steps on 1800 015 188 Kids Helpline on 1800 551 800 MensLine Australia on 1300 789 978

Family violence killing found to be a workplace death

Social media can be useful connecting people and ideas but moderators are needed to keep disturbing and toxic material off the platforms. Chris Gray, a former Facebook moderator claims viewing such content in order to keep us safe, gave him PTSD. He's the lead plaintiff in an action against Facebook and CPL, the contracting company that employed him. *And a warning this program discusses disturbing material*

Former Facebook moderator sues social media giant for PTSD

One in ten incidents of family violence are committed by adolescents. Most of the violence is carried out by young males towards their mothers and involves verbal and physical abuse, coercive and controlling behaviours, financial abuse, stalking and property damage. Are our legal and social responses adequate?

Adolescents who turn homes into war zones

A timely reflection on the legal responses to two separate but intimately-linked tragedies. During war we saw restrictions on food prices, protests and the freedoms of German Australians. During the Spanish flu crisis we saw maritime quarantines, closed internal borders and spats between the states and feds. Sound familiar?

Australia’s legal response to WW1 and the 1919 Spanish Flu

New research finds that 8% of Australians have used the services of debt management or credit repair companies this year. The Consumer Action Law Centre who commissioned the research are calling for UK-style consumer protections that require these businesses to act in the best interests of clients.    

Call for regulation of debt repair or credit management companies

Don a mask and join a tour of the County Court of Victoria with Chief Justice Peter Kidd. Find out how jury trials are being made COVID-19 safe.  And while masks aren't mandatory in NSW criminal trials, there have been many changes including more judge-only trials.

COVID-19 and jury trials

The Royal Commission into the Management of Police Informants concludes that the behaviour of both the Victoria Police and Nicola Gobbo, who led a double life of both barrister and informant, may affect over 1,000 court findings. Among the 111 recommendations is the appointment of a special investigator, as well as a suitably qualified person to investigate a further eleven people who were human sources with potential legal obligations of confidentiality or privilege. And, in a world first, the Family Court are launching The Lighthouse Project, a pilot scheme that links support services to families experiencing violence.

Royal Commission into Lawyer X findings. And Family Court's Lighthouse Project new approach to family violence

The High Court of Australia rules that a company that buys used empty computer print cartridges, refills them with ink and sells them to consumers is not infringing the patents of the original manufacturer. Protecting Consumers vs Streamlining Access to Credit. With the aim of getting the economy moving and consumers spending, the government hopes to loosen 'responsible lending laws' contained in the National Consumer Credit Protection Act.

Recycled print cartridges don't infringe patents says High Court. Also, reforms to responsible lending laws

Can Donald Trump challenge his election loss in the courts? Three challenges to COVID-19 restrictions thrown out by Australian courts. And a new exhibition Future Dreaming...visions of the future showcases art works from First Nations prisoners in Victoria.

Trump disputes election loss in court, Australian challenges to COVID-19 restrictions and First Nations art from Victorian prisons

An Alice Springs local court judge has ruled that Constable Zachary Rolfe will face a murder trial for the death of 19 year old Yuendumu man, Kumanjayi Walker. In a separate development, a NSW coroner referred a death involving corrective services officers to prosecutors. And with restrictions easing and some borders opening up, what are the legal and financial challenges ahead for business?

NT police officer to stand trial for shooting death. And the COVID legal responses helping businesses from going under

The Victorian Sentencing Advisory Council has released an in-depth study into how non-consensual recording or distribution of sexual images or videos offences are handled by Victorian courts. It's the first report of its kind in Australia. What's surprising is the connection between prosecutions and domestic violence.

Landmark Victorian report on image based sexual abuse

All around Australia if an accused pleads guilty to a criminal offence, they become eligible for a reduction in prison time. But just how big an incentive should we give an accused if it’s a serious crime? The South Australian parliament has passed legislation reducing the maximum possible prison discount from 40% down to 25%. And during NZ's national election, our Kiwi cousins voted on two referendum questions. One was a private members bill which was literally pulled out of the NZ Democracy Biscuit Tin. Meanwhile in upcoming presidential election US citizens will also vote on a staggering number of state-based ballot propositions. In Colorado voters will be asked whether grey wolves should be re-introduced into the northern Rockies.

South Australia reduces sentencing discounts. Also, direct democracy in NZ and the US

Informative, jargon-free stories about law reform, legal education, test cases, miscarriages of justice and legal culture. The Law Report makes the law accessible.

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How well did ADF Legal Officers in Afghanistan perform their...

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