Law Report - ABC RN

An in-depth look at Victoria's law to ban the public display of the Nazi swastika amid calls for the Federal Government to legislate a national ban on the symbol. And the case of a West Australian man who spent more than a decade in prison for a crime he didn't commit has led to new legal avenues for appeal for others who may have been wrongfully convicted.

Reforming the Public Interest Disclosure Act "is a significant matter because it is linked to the national anti-corruption commission that we hope to legislate this year," the federal Attorney General Mark Dreyfus has told the Law Report. In a wide-ranging interview, Mr Dreyfus outlines his legislative priorities, including reforming the Privacy Act, media freedoms, and a review of the Administrative Appeals Tribunal.

Should we grant patents to Artificial Intelligence algorithms? Should machines have copyright over the art works they generate? What about animals?

The High Court has ruled that a decision by the former Home Affairs Minister Karen Andrews to rescind the citizenship of an Australian man suspected of joining the Islamic State group was unconstitutional. And, for the first time, unpaid workers can pursue the director of a collapsed company in the small claims tribunal of the Federal Circuit and Family Court.

Why did actor Johnny Depp's defamation case against his former wife Amber Heard succeed in the US after failing at a similar trial in the UK? And a man ordered to face trial before a judge alone under the ACT's pandemic emergency law says he was denied the right for his case to be heard by a jury. But does such a legal right exist in Australia?

Freesoul Real Estate has days to appeal a ground-breaking fine imposed by Fiji's High Court after the Chinese resort developer carried out unauthorised works on a remote island. And environmental law in the Pacific.

The world's only nationwide in-house prison network broadcasts 24 hours a day and is produced by and for inmates.

A High Court decision raises questions about how a de facto relationship is defined, and what happens when a person's mental capacities decline with old age. And, if a person granted humanitarian protection by Australia commits a serious crime, can they be deported to a conflict zone?

The publication of a leaked draft opinion by conservative judge Samuel Alito has sparked fears the United States Supreme Court could overturn a landmark decision that enshrines abortion rights for women.

Does NATO's increasing military support for Ukraine amount to waging “a proxy war against Russia”? And the High Court has overturned a number of sex offence convictions of a tutor due to juror misconduct.

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

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

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 introduces judge Shakila Abawi Shigarf, who was forced to flee Afghanistan when the Taliban retook power in August 2021.

The national security trial of Australian journalist Cheng Lei in China. And two Victorian farmers have won a legal battle over noise pollution against a neighbouring wind farm.

The High Court has ruled that a lender engaged in 'unconscionable conduct' by approving an asset-based loan to an unemployed man. And a look at how the Northern Territory Custody Notification Service supports Indigenous people detained in watch houses.

A former war crimes judge and prosecutor explains the challenges of collecting evidence in a conflict zone. And the humanitarian crisis spreading beyond Ukraine's borders as Russian forces intensify their attacks.

Severe flooding in New South Wales and Queensland has created a range of tenancy and insurance issues for people in affected areas. And a view from inside the court where Northern Territory police officer Zachary Rolfe was acquitted of charges in the shooting death of Aboriginal man Kumanjayi Walker.

As the war in Ukraine escalates, what does international law say about humanitarian corridors, civilian combatants and prisoners of war? And why dozens of countries don't allow women the right to own and inherit land.

As the International Criminal Court announces plans to investigate possible war crimes in Ukraine, what help can the country expect from international law frameworks and rules-based systems? And a wide-ranging interview with the Chief Justice of the New South Wales Supreme Court, Tom Bathurst, who is retiring after more than a decade in office.

Could a US$73 million settlement for relatives of the 2012 Sandy Hook school massacre open the door for other lawsuits against US gun manufacturers? And who gets the furry babies when a couple divorces?

The High Court has delivered two judgments that help clarify the legal distinction between the status of a contract worker and a employee, with potential long-term implications across Australian workplaces. Also in the program, a neighbourhood dispute that grew 'out of all proportion' ends in the New South Wales Supreme Court.

The Australian Electoral Commission has revealed that 10 donors account for a quarter of donations made to the country's political parties in the 2020-21 financial year. According to the Commission, the source of one third of all political income remains undisclosed. What does the data reveal and what does it hide? And what does it say about the rules governing political donations?

When does inflating professional skills and experience cross a line to become a criminal offence?

The Federal Government's move to deport Serbian tennis player Novak Djokovic from Australia has highlighted the scope of discretionary powers held by the immigration minister. And the Supreme Court of Victoria sets a legal precedent in what is believed to be the first ruling to find a Catholic diocese in Australia 'vicariously liable' for child sexual abuse committed by a priest decades ago.

According to a study which explores how the Torres Strait's unique culture, geography and colonial experience has shaped the current crime and justice landscape, property crime in the region is very low. And the innovative Licensing Muster Project is helping Indigenous people living at the top of Cape York obtain birth certificates which are required when applying for a drivers licence.

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.

The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neurotechnologies.

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.

The Law Report revisits a New South Wales Supreme Court ruling against a retirement village developer that claimed ‘squatters' rights', or adverse possession, over a Sydney property. And two court decisions highlight important issues in Britain's health laws.

A Sydney ugg boot maker says his 40-year-old business is at risk of bankruptcy following a trademark dispute in the United States courts. And can Australia deport a prison escapee, who surrendered after 30 years on the run, to a country that no longer exists?

Tasmanian woman Sue Neill-Fraser's latest appeal has failed to overturn her murder conviction for the death of Bob Chappell, her former partner who disappeared from a yacht moored off Hobart in 2009. Has the appeal shed new light on a case in which a body was never found?

Could ‘chatbots', a form of artificial intelligence technology, help make the legal system more accessible for people living with disabilities?  

In a precedent-setting case, a New South Wales judge has found self-proclaimed extreme body modification artist Brendan Leigh Russell guilty of female genital mutilation, grievous bodily harm, and manslaughter. Is consent a valid legal defence when cosmetic 'body modification' procedures go wrong?

Should Sydney woman Adriana Rivas, who is accused of being a Pinochet-era intelligence agent, be extradited to Chile over alleged crimes against humanity? The full bench of the Federal Court is set to hear her latest appeal this week. And calls for Australia to investigate allegations of war crimes and crimes against humanity in communities with links to conflict zones.

What impact could proposed changes to New South Wales consent laws have in delivering justice to victims and survivors of sexual assault?

Australia's football codes are closely monitoring a class action brought by former rugby league players in Britain who allege the sport's governing body failed to protect them from the risks of brain damage. And are judges best placed to decide when to recuse themselves from a court case?

Britain's High Court is set to hear the United States government's appeal against a ruling blocking the extradition of Julian Assange on mental health grounds. And warnings that US attempts to prosecute the WikiLeaks founder for publishing classified government documents could have devastating implications for press freedom.

A long-running unfair dismissal case involving Queensland university professor Peter Ridd has sparked intense debate around questions of academic freedom. Also in the program: the High Court has quashed a legal challenge by mining magnate-turned-politician Clive Palmer against laws designed to ban his company from suing the West Australian government for compensation over a disputed contract.

Should judges have social contact with lawyers who appear before them in court? The Australian Law Reform Commission is conducting an inquiry into judicial impartiality. Also, is there an obligation on prosecutors to provide defence lawyers with all the raw data downloaded from a confiscated mobile phone?

The New South Wales Supreme Court has ruled against a retirement village developer claiming ‘squatters' rights', or adverse possession, over a Sydney property. And two court decisions highlight important issues in UK health law: the legality of severe disability as a reason for late-term abortions and access to puberty-suppressing drugs for children diagnosed with gender dysphoria.

What do the federal politician Craig Kelly, anaesthetist Dr Paul Oosterhuis, celebrity chef Pete Evans and clothing brand Lorna Jane have in common? They have all been at loggerheads with various regulators over Covid-19 misinformation.

Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France.  How to investigate human rights violations when on-the-ground access becomes impossible? And, the dangers facing human rights investigators in Afghanistan. Guests: Madeline Gleeson, Senior Research Fellow, Andrew & Renata Kaldor Centre for International Refugee Law Daniela Gavshon, Program Director, Truth and Accountability, Public Interest Advocacy Centre Mariam (pseudonym), former human rights investigator in Afghanistan

How could the High Court media defamation ruling affect social media use? And, are changes to NT youth bail laws fit for purpose?

The Commonwealth-funded No Fault COVID-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination.

Should compensation be denied to a passenger in a stolen vehicle who was seriously injured when it crashed? And, a New South Wales Tribunal has ruled that a COVID-19 death can be classified as a work-related injury.

What will the Taliban's return to power in Afghanistan mean for women and human rights?

The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It's a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a negative online review?

As the COVID19 pandemic grips NSW, how do we balance the rights of an individual with those of the broader community? And the Victorian Ombudsman has released a report detailing human rights breaches, many dealing with ensuring compliance with COVID 19 public orders.  

This week, the WA parliament is debating new child protection legislation.  Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?

In the USA there is a growing number of legal disputes involving employees, consumers and university students who are challenging mandatory vaccination requirements. And new research suggests that virtual reality headsets could help jurors reach fairer verdicts in complex criminal trials.