Trial by Podcast

In this episode, graduates Andrea Cuadros Lu, Antara Labiba, and Jason Weerasuriya examine the Blake Lively vs Justin Baldoni case, a dispute that's as much about defamation and PR strategy as it is about contract law.

In this Trial by Podcast, law graduates Abby Adams and Claire Ascoli discuss the complex and high-profile defamation case of Bruce Lehrmann vs. Network Ten. Please note, this episode includes discussions of sexual assault which may be distressing for some listeners.

Is it time to begin your career in law? Applications for the 2025 cohort of the McCabes Graduate Program are open until July 31st 2024. In this Trial By Podcast, law graduates Leah Ahokava, Sarah Sassine, and Angela Vangdahl dive into the Graduate Program experience. Hear tips and tricks on the application process, what opportunities you can expect throughout the program, and why you should kick-start your career with McCabes. Apply today: https://mccabes.com.au/careers/graduate-program/

Do you find yourself answering work calls and emails from your manager outside of work hours? You might be able to start leaving them on read. In this Trial by Podcast, law graduates Abby Adams, Sarah Sassine, and Alyssa Whiffin discuss the right to disconnect, part of the Closing Loopholes amendment to the Fair Work Act.

Flight tracking means that no celebrity is safe from criticism of using their private jets just a bit too much, raising questions about just how impactful this is on the environment. Join Alyssa Whiffin, Angela Vangdahl, and Leah Ahokava in this Trial By Podcast as they discuss the challenges of air pollution and the regulatory efforts to curb it.

In 2020, Taylor Swift began the famous task of re-recording her songs that had already been released to claim artistic and financial control over them. In this Trial by Podcast, law graduates Abby Adams, Jessica Lees, and Michelle Tan explore how Taylor Swift was able to do this legally, and discuss the broader dynamics of copyright law.

In this episode of Trial by Podcast, law graduates Leah Ahokava, Michelle Tan, and Alyssa Whiffin discuss the 'Pink Tax', the hidden extra costs that women pay for everyday goods and services.

In the digital age, a great deal of communication is enacted through text messages, emails and social media platforms, where emojis are frequently used. A Canadian Court recently held that the thumbs up emoji was enough to constitute acceptance of contractual terms, similar to a signature, to create a legally binding contract. In this Trial by Podcast, Law Graduates Emma-Lee Jones, Britney Tassone and Antonia Bonura discuss how emojis are becoming intertwined into the legal landscape.

In this episode of Trial by Podcast, law graduates Antonia Bonura, Emma-Lee Jones, and Britney Tassone explore the complicated world of copyright in the music industry, taking a closer look at its recent impact through a high-profile landmark decision involving Ed Sheeran.

Australia has become one of the largest consumers of cosmetic surgeries in the world, but what are the legal ramifications of these procedures if they go wrong?  In this Trial By Podcast, Law Graduates Antonia Bonura, Prineeka Sharma and Britney Tassone explore the not so glamorous side of cosmetic surgery in Australia.

From streamlining legal processes to predicting case outcomes, AI has the potential to revolutionise the legal profession. In this Trial By Podcast, Law Graduates Matthew Sitima, Ryan Greenaway, and Emma-Lee Jones explore the ethics, risks, and limitations of relying on machines for legal decision-making.

Reality TV is one of Australia's most guilty pleasures, with new programs within the genre being released constantly. However, there is a layer of manufactured drama behind the ‘unscripted' programs, and with this brings legal and moral issues. In this Trial by Podcast episode, Law Graduates Isabella Bagus, Morgan Graham, and Chantal Ryan-Linnane examine just how much we really know about reality TV.

In this Trial By Podcast, Law Graduate Ella Trevena discusses the Fair Work Legislation Amendment Bill 2022. This bill aims to amend the Fair Work Act 2009 in several key areas in order to increase wages and improve the gender pay gap.

It's common for makeup stores and chemists to have makeup samples for customers, so that they can try before they buy. In this Trial By Podcast, Law Graduates Naomi Ralphs and Tiffany Wong discuss what happens when this process can go wrong, such as the 2015 incident where Sephora was sued by someone who contracted oral herpes from a lipstick at one of their stores.

The growth of social media has correlated with the growth of online advertising, often stealthily hidden through influencer promotions. Law Graduates Jack Cale and Catherine McCorriston discuss the laws around whether influencers are required to disclose when they are advertising, and how brands need to navigate this new and lucrative way to reach new customers.

The roads of the future will inevitably be lined with autonomous vehicles, leaving the decision-making to artificial intelligence rather than humans. Law Graduates Jack Cale and Tennille Chester discuss the innovative laws that will form in response to this eventuality, and see what is in store as we begin to adapt to these new technologies.

The U.S. Supreme Court officially reversed Roe v Wade in June 2022, a largely controversial political and societal decision. Law Graduates Catherine McCorriston, Kelly Williams, and Darcie Hill discuss how this was able to occur, and the far-reaching implications this decision has.

The defamation trial between Johnny Depp and Amber Heard was a polarising event, with domestic violence and toxicity in relationships at the forefront of proceedings. In this Trial By Podcast, Law Graduates Kaitlyn Oliver, Maddy Cron, Ella Trevena, Georgina Le Sueur, and Lawyer Shay Sorefan take a comprehensive look into the background of the case, the arguments of both sides, and the eventual outcome.

If you're a dog lover, there aren't too many things better than a cute puppy. Characteristics such as wrinkles, tiny heads, or flat noses are always aww-worthy, but selective breeding for ‘cute' purposes has been proven to lead to genetic disorders in dogs. In this Trial By Podcast episode, Law Graduates Kaitlyn Oliver and Ella Trevena dive into the world-first law changes in Norway around dog-breeding, and what reforms are in consideration here in Australia. #mccabes #auslaw #law #legalpodcast #graduateprogram #lawgrads #graduatelawyer #pets #dogs #puppies #norway #dogbreeding

The trade of crypto assets has soared in popularity with around 3.4% of the Australian population owning some form of cryptocurrency. The question we have is, what happens at tax time after you make a profit from crypto? In this Trial By Podcast episode, Lawyer Shay Sorefan and Law Graduate Georgina Le Sueur examine the current laws around taxation on cryptocurrency in this new and dynamic space. #cryptocurrency #taxation #assets #crypto #podcast #legalpodcast #lawyers #lawgrads #mccabes

Gun manufacturer Remington has settled with the families of the victims of the Sandy Hook Elementary School shooting. Remington's marketing was found for be aimed towards young men, which is said to have contributed to tragic event that occurred. Law Graduates Samantha Jack and Kelly Williams explore the tough, controversial issue of gun law, and whether this case sets a precedent for who is liable and responsible for future events like this. #mccabes #auslaw #law #legalpodcast #graduateprogram #lawgrads #graduatelawyer #gunlaws #usa #massshooting

Law Graduate Jacqueline White discusses the implications of vaccine policy for employers as the COVID-19 pandemic continues.

In case you somehow missed it, Gladys Berejiklian resigned from her position as NSW Premier in September after ICAC announced that they were investigating whether she breached the public trust. In this Trial By Podcast episode, Graduate Lawyers William Wade and Emma Jagot unpack what ICAC is, and take a deep dive into why everyone is talking about it.

In this episode of the Trial By Podcast, law graduates Emma Jagot and Jacqueline White discuss the laws in place to help homebuyers avoid buying property with a spooky past.

Whether it's Alexa, Google Home or Siri, most of us probably use at least one of these. But a heated topic of debate continues to surround these devices: are they listening to us and recording our conversations? In this next episode of Trial By Podcast, Graduate Lawyers Monique Messenger and William Wade answer three of our biggest questions: - Are they recording my conversations? - Where is that information stored? - What is being done with that data?

The High Court confirmed on 8 September 2021 that media companies are responsible for the disparaging comments made on their Facebook posts, and can even be sued for these comments. Law Graduates Jacqueline White and William Wade discuss the case of Fairfax Media Publications v Voller, and some of the potential consequences of the decision made by the High Court.

From citizen's arrests by anti-Uber activists, to a Sydneysider implanting the chip from an Opal travel card into his hand, we have seen some unique legal cases pop up over the years. In this episode of Trial By Podcast, Law Graduates Emma Jagot and Monique Messenger count down their top five most unusual legal cases in Australia.

In today's episode, Law Graduates Monique Messenger and William Wade will be discussing an area of law reform which has been received well in the headlines: the NSW miscarriage law reform and federal reform to the Fair Work Act. But, they will also be broadening this conversation to look at how Australia compares internationally when it comes to parental leave policies, like with New Zealand, Taiwan and India. If you have any questions about this topic, don't hesitate to get in contact with us through our website, or on Instagram, @TrialByPodcast.

New Zealander Laurel Hubbard became one of the first openly transgenders athletes to compete in an Olympic Games this year. However, her participation was heavily criticised as she was competing in the over 87-kilogram weightlifting event. Some critics deemed this to be unfair as she was born biologically male. Where does the law lie for female transgender athletes? Law Graduates Emma Jagot and Jacqueline White discuss the guidelines for female transgender athletes competing in the Olympics, and the rules with other sports bodies.

Why is it that sports players involved in serious acts of violence during a game are rarely criminally prosecuted, and are often only put on report or suspended by the relevant sporting body? Law Graduates Emma Jagot and William Wade discuss this and relevant case law in this episode of Trial By Podcast.

In this episode of Trial By Podcast, Law Graduates Monique Messenger and Jacqueline White will be looking at the changes to consent laws in New South Wales. Please note sexual assault is discussed in this episode, which may be distressing for some listeners. If you would like to skip to the segment focussing on the changes to consent laws, please go to 9 minutes 30 seconds. Helplines: 1800 RESPECT (1800 737 732) NSW Rape Crisis (1800 424 017) Sexual Assault Counselling Australia (1800 211 028)

At the end of last month, a defining moment occurred in Australian litigation: a group of teenagers sued the Australian environment minister. Why? They alleged that he had failed to protect young people from the climate change impacts of a coal mine project. In fact, climate litigation in Australian courts has been steadily increasing in the last few years. Law graduates Emma Jagot and William Wade discuss: - The outcome of this case - Another prominent climate case brought against a superannuation company - What both matters mean for environmental advocacy www.mccabecurwood.com.au/trial-by-podcast Instagram: @TrialByPodcast

In Australia, judges have a mandatory retirement age of between 70 and 75. But decades on from when this law was introduced, is it time to make it a thing of the past? In this episode, law graduates Jacqueline White and William Wade debate both sides of the argument: that the mandatory retirement age should exist, and that the mandatory retirement age should be dropped. After listening to both sides, what's your stance?

Have you ever searched your name online? Were you happy with the results that appeared? In today's episode, lawyer Elise Newling and law graduate Emma Jagot discuss two legal cases in which Google was sued for defamation. They also discuss the steps you can take if defamatory material is published about you online.

The #FreeBritney movement, and Britney Spears' conservatorship, has had a lot of media attention in recent years. But why is Britney under conservatorship? And do we have a similar arrangement here in Australia? Hosted by Stephanie Andrew, a lawyer in McCabe Curwood's Litigation and Dispute Resolution group, and law graduate Monique Messenger.

In this episode, Chiara Rawlins, Principal in the Litigation and Dispute Resolution group at McCabe Curwood, talks to law graduates Monique Messenger and William Wade about her path to Principal. Chiara has a candid discussion on her career journey, the challenges she has faced, and the advice she would give to people seeking a career in law.

Most of us have accepted a product or service's 'Terms and Conditions' without actually reading them, like with gym memberships or mobile phone plans. But what if one of the terms in the contract allowed the brand to increase fees without telling you? What if, instead of paying $50 a month, they could suddenly increase it to $100? In this episode, Lawyer Emma Connolly and Law Graduate Monique Messenger take a look at Unfair Contract Terms, and the recent amendments made to the legislation. They also discuss McCabe Curwood's new app, MC Act, which helps businesses and individuals identify unfair contract terms. You can access MC Act here: https://mccabecurwood.com.au/the-firm/firm-resources-web-applications/

Uber is now trialling 'Uber Pet', which allows people to ride with their pet. With 4 in every 10 Australian households owning a dog, it's a service many of us will be interested in. However, this raises questions on how the laws surrounding dogs in cars would apply. Law grads Jacqueline White and Monique Messenger discuss: - The NSW legislation governing the rules and regulations of restraining dogs in cars - Penalties faced, including potential fines and imprisonment - Who might be liable if legislation is breached when 'Riding with pets': the owner, driver, or the corporation Uber itself?

McCabe Curwood's 2021 rotating graduate program launched last month. In the first episode of Trial by Podcast for the year, new graduates Emma Jagot and William Wade ask lawyers (and past-graduates) Stephanie Andrews and Andrew Gouveia about their experiences in the program. This includes: - Their biggest concerns when starting as law graduates - The team they thought they would settle in, and where they actually ended up - Why they chose McCabe Curwood's graduate program over other firms

The first COVID-19 vaccines have been rolled out in a handful of countries overseas, and Australia is set to launch their program at the beginning of 2021. A number of legal issues will likely arise during this, one being whether your employer can make you get the vaccine. In the final episode of the series, Emma Connolly and Lachlan Hallab discuss a recent case involving an employee's refusal to get the flu vaccine, and how this might translate with Australia's COVID-19 vaccine roll-out next year.

Today's episode looks at a topic widely circulated over the past few weeks: voter fraud. Trump accuses the Democratic Party of using it to win the 2020 US Presidential Election. But, when are claims of voter fraud baseless, how does it apply in Australia, and what are the penalties? Law Graduate Andrew Gouveia answers all this, and discusses some unique voter fraud cases you probably aren't aware of.

Today, we're looking at one of the primary issues facing transgender people in Australian correction centres: which prison do they serve time in, the prison of their biological sex or of their identified gender? Law Graduate, Talia Mason, looks at how it works in each state across Australia, and key areas of concern for this community.

Today's episode looks at charitable promises made by businesses, and how misleading marketing could cost you millions. Emma Connolly and Lachlan Hallab particularly look at eyewear retailer Oscar Wylee, who was fined $3.5 million for contravening the Australian Consumer Law.

You may have seen #AFairCode trending online, or Facebook and Instagram threatening to stop Australians sharing and spreading news on their platforms. In this episode of Trial by Podcast, Andrew Gouveia looks at the news media bargaining code and how it could impact on everyday social media users, online platforms, news outlets and journalists.

What is a Cease and Desist order, what do they do and how do you get one? In this episode, Emma Connolly and Talia Mason discuss this, and the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd.

Can sperm become property? When a man dies, could it be owned by someone else? Law Graduates Andrew Gouveia and Lachlan Hallab take a look at this fascinating topic in this next episode of Trial by Podcast.

Most of us don't think twice about our everyday social media interactions, so it may surprise you to learn that a Google business review, comment on social media or even a text message has landed people in legal hot water in the past. Law Graduate Talia Mason looks at some of these prominent defamation cases, and outlines changes to the NSW defamation law passed by NSW Parliament earlier this month.

Why was there a dispute over the packaging of two peanut butter brands? Why is Hungry Jack's not called Burger King? What lessons can businesses learn from these intellectual property cases? All covered in this episode of Trial by Podcast, with Law Graduates Lachlan Hallab and Emma Connolly.

In episode 25 of Trial by Podcast, McCabe Curwood Lawyer Tal Prigan looks at the commodification and rights of animals today.

Scroll through your social media feeds: are many of the influencers you follow selling a product from another brand? Is it a paid advertisement? Has it been made clear this is the case? In this episode of Trial by Podcast, Law Graduate Andrew Gouveia looks at the legal implications of influencer marketing on social media.

Are you a start-up business looking to raise funds? You might be considering equity crowd-sourced funding, which allows businesses to do this through an online intermediary. Join Michele Izzo, an Associate in McCabe Curwood's Corporate team, and Law Graduate Andrew Gouveia, as they discuss who is eligible for crowd-sourced funding and the different stages involved in the process.