Not Just a Lawyer

Children trying to seek refuge in Australia have been detained on Nauru. They argue that Australia is still responsible for them.Australia made a carefully worded agreement with Nauru to avoid responsibility. If Australia has no responsibility, Australia says it is not obliged to ensure the human rights of these children. Um, okay, weird flex about not protecting literal human children, Australia.The UN Human Rights Committee has found that Australia is responsible, and breached Article 9 of the International Covenant on Civil and Political Rights. To read the decision, click here: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F142%2FD%2F2749%2F2016&Lang=enEuphemisms are very fun. Unaccompanied minor = child, all alone with no parent or guardian

Very short, sharp episode about the close link between the Roman Empire and Nazism. Why the “Roman salute” explanation is still scary as heck.

Billionaires who fail to denounce nazis and fascists are, you guessed it, bad.In Australia, we do not (as far as we know at this stage) have a fascist with overwhelming political power in parliament. But we cannot ignore what is happening in the US.This not-lawyerly episode discusses one concrete action you can take now to strengthen your community. It is aimed at Australians but may be applicable to listeners elsewhere.Fun fact: many people attribute “hope is not a strategy” to Rudy Giuliani but versions have been kicking around at least since the 1970s according to General Gordon R Sullivan, former chief of staff of the US Army, and the coiner of “hope is not a method”. See more here: https://www.americanheritage.com/hope-not-methodSome creative options for communication tools: old-fashioned letters, meetings, Signal app, Discord app, plays, songs, posters.

And as bad as ever. NT reinstating dangerous and degrading practice of using spit hoods, still criminalising children. Reporting from The Guardian https://www.theguardian.com/australia-news/2024/oct/14/northern-territory-spit-hood-ban-lifted-clp-ntwnfb

Acknowledgment of Country. CW: the case that started it all is a high-profile sexual assault matter. Breaking news on the ACT Supreme Court's decision in this highly-publicised, complex and super-interesting matter. I translate from legalese and give cringe-worthy facts their day in the sun, but most importantly, I help you understand this important case. Read the full decision here: https://www.courts.act.gov.au/__data/assets/pdf_file/0003/2408133/Drumgold-v-Board-of-Inquiry-and-Ors-No.-3-2024-ACTSC-58.pdf

Acknowledgement of Country. A not-very-lawyerly episode. My swimming teacher experience and coastal upbringing have given me some knowledge, and I share that with you! Disclaimer: I'm not your swimming teacher (see, I'm still lawyerly). Great resources: https://www.surflifesaving.com.au/beach-safety/rip-currents/ and https://www.royallifesaving.com.au/about/campaigns-and-programs/Water-Safety and your local swim school or surf lifesaving club. Bonus: My voice is soothing and you can use this as a sleep aid. Happy new year!

Acknowledgment of Country. Call to action to allies of Aboriginal and Torres Strait Islander folks: don't freeze, don't be silent. VOICE TREATY TRUTH

Acknowledgement of Country. An easy to understand guide to the science behind Kathleen Folbigg's pardon. Sources: omim.org and The Guardian at https://amp.theguardian.com/australia-news/2023/may/07/kathleen-folbigg-science-sheds-new-light-on-case-of-mother-convicted-of-murdering-her-children and ABC at https://amp.abc.net.au/article/102406772. For more information about rock pocket mice: https://www.biointeractive.org/classroom-resources/making-fittest-natural-selection-and-adaptation

Acknowledgement of Country. Kathleen Folbigg case encounters science. Science is very important. Justice is very important, but I can't do this issue justice so I refer you here: https://podcasts.apple.com/au/podcast/full-story/id1482061243?i=1000612189847

Acknowledgement of Country. Voice, treaty and truth are all important. Referendum on the Voice is imminent, so the Australian National University (ANU) answers some burning questions. Find their answers here: https://www.anu.edu.au/about/strategic-planning/indigenous-voice-to-parliament

Acknowledgment of Country. Voice, Treaty and Truth. Cool stuff happening in Coffs Harbour (Gumbaynggirr Country). To access the Guardian's podcast with Professor Megan Davis, click here: https://www.theguardian.com/australia-news/audio/2023/jan/20/the-details-on-the-indigenous-voice-to-parliament-with-megan-davis To see the website for the Gumbaynggirr Giingana Freedom School, click here: https://www.giinganaschool.org.au

Acknowledgement of Country. A short, sharp explainer of an interesting High Court decision about defamation. Google LLC v Defteros [2022] HCA 27. Credit to Parisa Hart for her article in Ethos, Summer 2022

Acknowledgment of Country. What is the AAT? What's all the fuss?

Acknowledgement of Country. I share the most important thing I have learned this year. On a tangentially-related note, I encourage you to donate life via organ and tissue donation here: https://www.donatelife.gov.au

Acknowledgement of Country. Jury can't make up its mind? Has all the facts and all the law but still needs more? Shazam! They need a Black direction, courtesy of the High Court of Australia (Black v The Queen [1993] HCA 71; 179 CLR 44). Bonus movie review: Joh's Jury. Enjoy, or get frustrated trying!

Acknowledgement of Country. The sexual assault trial DPP v Lehrmann has been aborted, because a juror disobeyed the Chief Judge's direction. Find out more here: https://www.courts.act.gov.au/supreme/judgments/director-of-public-prosecutions-v-lehrmann-no-5

Acknowledgement of Country. What is a King's Counsel? And a refresher on the cab rank rule.

Acknowledgement of Country. Very short update on spit hoods and QLD.

Acknowledgement of Country and NAIDOC week. Update and breaking news: Commonwealth Attorney-General decides to stop prosecution of Bernard Collaery. Issues include open justice & rule of law. See previous episodes Season 2, 22 & Season 2, 44 for important background. Australian Financial Review article available here: https://www.afr.com/politics/federal/dreyfus-orders-bernard-collaery-case-dropped-20220707-p5azvx

Acknowledgment of Country this NAIDOC Week. Update on the “no rights without remedy” petition. Spoiler: there will be remedies! Except, maybe, if the ACT police are allegedly involved. Here's the report: https://www.parliament.act.gov.au/__data/assets/pdf_file/0006/2023764/JCS-Report-7-Report-into-the-Inquiry-into-Petition-32-21-No-Rights-Without-Remedy.pdf#page13

Acknowledgement of Country. If we can't enforce our rights, what do they really mean? A petition before the ACT Legislative Assembly seeks to give them meaning. If you want to hear an in-depth forum on International Human Rights Day (10 December 2021), which is online and free, register here: https://hrc.act.gov.au/making-human-rights-complaints-accessible-in-the-act/

Acknowledgement of Country. Quick recap on Case Theory (please see Season 1, Episode 22) and past defamation episodes (please see Season 2, Episodes 20 and 34). Discussion of how these 2 issues are arising in the media coverage of new NSW police efforts to work out what happened to William Tyrrell who has been missing since 12 September 2014. Helpful analysis of this situation by Paul Barry of ABC's Media Watch program 22 November 2021 (available here: https://www.abc.net.au/mediawatch/episodes/tyrrell/13642850 ).

Acknowledgment of Country. Interested in the biopsychosocial model of health? Or, maybe you would be if I broke it down for you into a word of less than 6 or 7 syllables? Get put off by words that sound impressive but are too complex? I know I am! Listen to me explain what “biopsychosocial” means (it's easy to understand, I promise) and then check out the Ologies podcast episode on Dolorology (the study of pain). Look after yourselves, excellent humans!

Acknowledgement of Country. Hear all about the Law Council of Australia's Lawyer Project Report. I provide and easy to understand summary of the 56 page report. The full report can be found here: https://www.lawcouncil.asn.au/publicassets/330febe2-323d-ec11-9443-005056be13b5/The%20Lawyer%20Project%20Report.pdf

Acknowledgement of Country. Today I talk about an appeal that focuses on one useful example of what procedural fairness looks like. What went wrong? How was it dealt with? (Hint: unusually) Adams v Navaratnam [2021] ACTSC 256. See the full judgment here: https://www.courts.act.gov.au/supreme/judgments/adams-v-navaratnam

Content warning: a brief mention of non-consensual medical treatment. Acknowledgement of Country. Great work by A Gender Agenda and SHFPACT on their excellent resource “Including Intersex” which can be found here: https://www.shfpact.org.au/news-and-updates/418-including-intersex?fbclid=IwAR12cP5EOmZiHQCqyqB79bjptCNp3UE9rXuRIaNOMUcMtJrOBYO8Ybwv5ms

Acknowledgement of Country. What is a pronoun? How do I use them? Why should I use these “new” pronouns? Answer: you'll help a non-binary fairy get their wings. How can I practice them? Hint: https://pronouns.minus18.org.au

Acknowledgement of Country. Have you heard of CrashCourse? Now you have. Plus, a fun science fact about something you do all the time - breathing! Get into it! Or, keep at it, I hope you're already breathing and continue to do so!

Acknowledgement of Country. BREAKING NEWS in this matter today, 6 Oct 2021. See the judgement summary here: https://www.courts.act.gov.au/__data/assets/pdf_file/0004/1870627/Collaery-v-The-Queen-Judgment-Summary.pdf

Acknowledgement of Country. All about Wills and Enduring Powers of Attorney, and why you need them now! Legal information to help you understand how to give yourself and your loved ones peace of mind at a really difficult time (that's a euphemism for when you die). And a terrible (but one of my favourites) joke at the end! Thank you!

Acknowledgement of Country. A Victorian Coroner has found that Raymond Noel died during an unjustified and frightening police pursuit. This is another senseless death of an Aboriginal man in connection with the criminal justice system.

Read the title, do it, then come back. Acknowledgement of Country. Book recommendation: Countdown to Zero Day by Kim Zetter. Podcast recommendation: the Darknet Diaries. Seriously go update stuff now!

Acknowledgement of Country. Have you always wondered what to expect from a Mental Health First Aid course? Wonder no more! You can find one here: www.mhfa.com.au If you need to chat to someone right now, Lifeline is available on 13 11 14.

Acknowledgment of Country. Equal Pay Day and what we still need to measure. Merger of the Family Court and Federal Circuit Court on 1 September 2021 - what the average person in the street needs to know.

Acknowledgement of Country. Emailing plants. Les-fic. Need I say more?

Acknowledgement of Country. A chat about the High Court decision in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18. I am greatly indebted to Dr Michelle Sharpe for her article in the Law Society of NSW Journal, Issue 80, for breaking this case down. I have built on her work to simplify it further for this podcast.

Acknowledgement of Country. A short episode about recruiting Judges!

Acknowledgement of Country. A snippet of information about the game of roller derby & why I love it. Sarah Avery Legal Practice is a proud sponsor of Canberra Roller Derby League.

Acknowledgement of Country. Picking up where episode 20 of season 2 left off (why can politicians sue for defamation) I chat about recent changes to defamation law, and then send you off to listen to law-talking folks with greater knowledge!

Acknowledgement of Country. Be-on-the-lookout-for-copaganda-warning. Referral to a really interesting episode where forensic psychologist Dr Sarah Yule talks about how forensic psychology can help with criminal investigations. She's refreshingly down to earth and frank about the limitations of her specialised field.

Acknowledgment of Country. Content warning: deaths in custody & suicide. Lifeline: 131114. COVID 19 restrictions are linked to a recent death in custody, and are creating even more punishing conditions for prisoners.

Content warning: domestic violence, racism, sexism. Acknowledgement of Country. I give a few definitions and give you useful background on my female clients' experience with prosecution for domestic violence. Then you will get cracking over to this interview with Dr Chelsea Watego from 6 July 2021, pronto: https://m.mixcloud.com/3crtuesdaybreakfast/3cr-tuesday-breakfast-6-july-2021-interview-dr-chelsea-watego/?fbclid=IwAR3c9lcze6Q2K47GGqA_7RJNkpYntALBONxWnQ91E4TFs_lqSirdb8LIKdc Lifeline: 131114

Acknowledgement of Country. NAIDOC Week 2021. Mabo decision: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1992/23.html

Acknowledgement of Country. What is a private prosecution? Question: Can I bring one? Answer: probably. Question: Should I? Answer: I can't give you legal advice, but probably not! As with everything, it depends.

Acknowledgement of Country. This bonus episode augments episode 27, and points you to the parts of the judgment that deal with expert OMCG evidence.

Acknowledgement of Country. This episode seizes upon a unique opportunity to hear the directions that a Judge usually gives to a jury. Because of the COVID emergency, the matter I talk about, which would usually be heard by a jury, was heard by a Judge. That Judge, Justice Mossop of the ACT Supreme Court, had to tell himself all of the things he would usually tell a jury, and it's fascinating. I refer to R v Sidaros (No 5) [2020] ACTSC 354 in this weeks's interesting episode.

Acknowledgment of Country. Content warning: human suffering and suicide. Lifeline 131114. Hear what Justice Murphy of the Federal Court of Australia had to say about Robodebt on 11 June 2021. Spoiler, it's not in any way like Robocop. If you are here for effective robotic law enforcement, these are not the droids you are looking for.

Content warning: sexual assault. Acknowledgement of Country. Update on where NSW's barristers stand on proposed consent laws reforms. Pop back to episode 23 for context! Lifeline: 131114.

Acknowledgement of Country. Primer: who is an asylum seeker and who is a refugee? Sources include Refugee Council of Australia, Red Cross, and Australian Parliamentary Library.

Content warning: sexual assault. Acknowledgment of Country and of Reconciliation Week. Primer on NSW consent law. Primer on expert and NSW Bar Association response, as well as Australian Lawyers Alliance response. Restorative justice. My own views! Lifeline 131114.

Acknowledgement of Country. A primer for people who have heard the names Witness K and Bernard Collaery, and want to know more. Open justice and rule of law also discussed.