The Law Report
-
Law Report 14 May 2013
What decisions can you make now about how you want to be treated or left alone in your final days?
-
Law Report 7 May 2013
South African judge speaks out on life with HIV.
-
Law Report 30 April 2013
Are animal attorneys the future of animal welfare?
-
Law Report 23 April 2013
The chief justice of the Supreme Court of Western Australia is holding an urgent hearing to determine the fate of 150 children who were sent to an adult prison.
-
Law Report 16 April 2013
Finding the right balance in patenting big pharmaceuticals. Whose interests should come up trumps - those of patients in need, greater scientific research or big business? Also, South Australia considers new legislation that overhauls the way it governs the behaviour of lawyers.
-
Law Report 9 April 2013
Imagine committing a crime as a child and being locked up in an adult prison for the rest of your life with no prospect of release.
-
Law Report 2 April 2013
The Bulger family still lives on a council estate in Kirkby and on the surface of it very little has changed since two decades ago when the children who had abducted and killed two year old James were convicted of murder. But what has happened to the large extended family and its campaign for justice for James?
-
Law Report 26 March 2013
Hazara people from Afghanistan, Pakistan and Iran make up the majority of the estimated five thousand refugees and asylum seekers currently in Indonesia. What lies ahead for Hazara people hoping to find a way to Australia?
-
Law Report 19 March 2013
The Australian royal commission into the handling of child sex abuse will hold its first public sitting in early April. Will the commission be able to emulate the achievements of similar inquiries that rocked Ireland over the course of the past decade—and avoid some of the major mistakes?
-
Law Report 12 March 2013
How important is video evidence to allegations of police brutality?
-
Law Report 5 March 2013
Two recent decisions in the High Court have left open the question of how far our law will go to protect Australia's equivalent of free speech.
-
Law Report 25 Feb 2013
Lately, there has been a lot of debate about whether or not the numerous federal discrimination laws should be rolled into one single piece of legislation. So, just how well do our current discrimination laws work?
-
Law Report 19 Feb 2013
In an obesity epidemic, who bears the legal responsibility for your health?
-
Law Report 12 Feb 2013
The Victorian government announces it will introduce the nation’s “toughest” laws to deal with people who commit crimes while on parole; and a woman seriously injured in a high speed police chase is awarded over $9 million in compensation.
-
Law Report 5 Feb 2013
The New South Wales public train service breaches discrimination laws for its failure to provide onboard announcements; and a new study shows a substantial number of judges and magistrates are regularly losing sleep due to the stressful nature of their work.
-
Law Report 29 Jan 2013
How are environmental groups such as anti-coal seam gas activists turning the tables and using company law against energy corporations?
-
Law Report 22 January 2013
Will shifting the focus of illicit drugs from law and order to health lead to any improvements?
-
Law Report 15 January 2013
Meet the extraordinary Kiran Bedi. She was India's first senior female police officer. Never shy of standing up to authority she has faced down sword-wielding rioters, towed away a prime minister's car and turned around India's most notorious prison.
-
Law Report 8 January 2013
Wrongful convictions: What action would you take if your loved one was sentenced to life in prison for a crime they didn’t commit?
-
Law Report 1 January 2013
How can a legal system based on the nuclear family adapt to customary laws?
-
Law Report 25 December 2012
Mabo 20 years on.
-
Law Report 18 Dec 2012
A Victorian teacher who spent over two years in jail for child sex offences has been released after the Court of Appeal ruled that the original guilty verdict was 'unsafe and unsatisfactory [and] cannot be permitted to stand'. Also, if United States politicians muster the political courage to tighten access to firearms after the recent school shooting in Connecticut, will the courts let them do it?
-
Law Report 11 December 2012
For Beth Wilson, a good part of the last fifteen years has been spent pursuing charlatans who prey on the terminally ill and lobbying for tougher laws to close them down. She's a unique force to be reckoned with.
-
Law Report 4 December 2012
In an age of emerging and converging media across the world how far does media regulation have to reach before it is effective -- and how far is too far?
-
Law Report 27 Nov 2012
As Australians commemorate White Ribbon Day around the country and pledge to take a personal stand against violence in the home, questions remain about whether we're doing enough at a state and federal level to end the deaths, especially those of Indigenous women.
-
Law Report 20 Nov 2012
With the announcement of a Royal Commission into child sexual abuse, we look at the effectiveness of range of legal approaches open to survivors. Also, ruling on family law property disputes where there is little or no evidence due to death and dementia. And is insider trading illegal if the supposedly valuable information turns out to be completely wrong?
-
Law Report 13 Nov 2012
Corruption and Rule of Law in India.
-
Law Report 6 Nov 2012
It's the murder trial that has transfixed Western Australia. Last week prominent Perth lawyer Lloyd Rayney was found not guilty of the murder or manslaughter of his wife Corryn Rayney, a Supreme Court registrar, in 2007.
-
Law Report 30 Oct 2012
Currently, in both Australia and the UK there's a fundamental re-examination taking place of the interaction between the media and the private lives of citizens.
-
Law Report 23 Oct 2012
A Victorian tribunal rules that children who choose not to receive religious education in state primary schools aren't the victims of discrimination. Also, a look at transnational commercial surrogacy. Every day in India a child is born to Australian parents who live on the other side of the globe - and it's big business.
-
Law Report 16 Oct 2012
Is the community's aversion to risk compromising a woman's right to choose where and how she will give birth?
-
Law Report 9 Oct 2012
The High Court rejects ASIO's 'veto' power to detain refugees indefinitely. But a lawyer who provided legal advice in the case says there are some screaming silences in the judgments. And employers win the right to sue for the pure economic loss that results from the death of an employee. How far can the right to sue extend?
-
Law Report 2 October 2012
The Federal Court fines companies $1m for illegal door-to-door sales practices. Australian authorities target 'Nigerian scammers'. Lawyers and doctors join forces in USA.
-
Law Report 25 Sept 2012
The Chief Magistrate of the Northern Territory calls for an overhaul of the territory's child protection system.
-
Law Report 18 Sept 2012
A whistleblower is awarded the biggest payout in US history. And can supplying drugs to a friend land you with a manslaughter case?
-
Law Report 11 Sept 2012
Is our 'tough on drugs' approach working? A high ranking policeman, a doctor, a lawyer and a public servant discuss the way forward.
-
The war on drugs: Time for a truce?
Full audio of the discussion held at the Law Institute of Victoria on 5 September 2012.
-
Law Report 3 September 2012
How do plea deals work? And do they serve all the competing stake holders in the justice system - the state, the accused and the victim?
-
Law Report 28 August 2012
The manslaughter case of former Bundaberg surgeon Jayant Patel is set for a retrial after the High Court last week found there had been a miscarriage of justice. What went so wrong in the original trial? And a bold new mentoring program helps women offenders get back on track.
-
Indefinite detention and mental impairment in NT
In our criminal justice system prison is usually seen as the last resort. Today, we look at a situation where prison has become the only resort. In the Northern Territory the prisons are bursting at the seams and there are growing concerns about some inmates who shouldn't be there in the first place. In overcrowded cells, sharing scarce facilities, are people who have an intellectual or mental impairment or who are deaf. Some of these people are being held under a custodial supervision...
-
Victims of sex abuse and the courts
The announcement of a Victorian parliamentary inquiry into sex abuses in the clergy and non government organisations has received mixed responses. Welcomed as the first in Australia to launch such a probe, it's also criticised as too broad and lacking teeth.
-
Comedians and their brush with the law
Three comedians discuss their brushes with the law. A former cop, a legal journalist who now makes her living as a stand up comic and a comedian who was sued for not being funny.
-
FOI Review of charges
In 2010 reforms to Freedom of Information (FOI) legislation were seen as the first step in developing a new culture of transparency and openness in government departments and agencies. But a new review by the government FOI watchdog says the system is stalled by outdated, clumsy and complicated fees and charges. Will the Information Commissioner's suggested changes fix up a clogged system?
-
Fremantle prison
Come on a tour of one of Australia's most extraordinary buildings: Fremantle prison.
-
Youth 'sexting' and the law
Youth and the legal traps of 'sexting'.
-
Geoffrey Robertson QC on Assange case
-
Intellectual Property Amendment Bill
Federal Parliament has passed legislation aimed to strengthen Australia's Intellectual Property framework. But is the Intellectual Property (Raising the Bar Amendment) Bill up to the task?
-
Goddard Elliott v Paul Fritsch
What professional group can't be sued even when it's perfectly clear they have been negligent?
-
First ICC judgment
After 10 years of existence, the International Criminal Court hands down its first ruling. Joseph Labunga has been found guilty of recruiting child soldiers. The trial took six years but there is yet to be a sentence handed down, and there is also the issue of reparation for the victims.
-
Mariem Omari's Will
Do wills need to be fair? Should people be able to leave their assets to whomever they like? Or should courts be able to intervene if a will discriminates unfairly between family members?
-
Wrongful convictions
What would you do if your loved one was sentenced to life in prison for a crime they didn’t commit?
-
Lex Wotton High Court challenge
Palm Island man Lex Wotton has lost a High Court challenge in Queensland to have his parole conditions changed so that he can speak in public and to the media. Lex Wotton was sentenced to six years for his role in the rioting that followed the death in custody of Cameron Doomadgee. He was paroled in under two years.
-
Victorian parents' case on school SRI
Three parents have commenced a legal action against the Victorian Department of Education. The trio are arguing that religion classes in state primary schools discriminate against their children, who have 'opted out' of these half-hour weekly classes.
-
Social media and privacy
How do we protect privacy in an age of social networking?
-
Google new privacy policy
Concerns raised over Google's new privacy policy
-
Taser finding Bugmy case
A decision in the Broken Hill Magistrates Court has made it clear that a policeman used excessive force and breached standard police procedures when he tasered Mr Bugmy in February 2011.
-
Using humour in mediation
Imagine you're bogged down in an acrimonious legal dispute. Usually these days before you get to court you need to have at least attempted mediation. While it's not a barrel of laughs new research suggests that humour can have a place in helping resolve the issue.
-
A new 'great dissenter' in the High Court?
A close look at decisions in our highest court suggests that in 2011 Justice Dyson Heydon has been a lone voice of dissent.
-
Queensland Supreme court decision on assisted suicide
Queensland's Supreme Court has sentenced Merin Nielsen to three years jail for helping his sick friend Frank Ward commit suicide. But he won't be spending very much time in jail.
-
International Criminal Court
The International Criminal Court will soon be celebrating its 10th birthday. It's yet to complete one trial or convict one person. Has it been a lost decade? Is the court a complete failure, or is the ICC slowly, incrementally building a framework which can bring the world’s monsters to account -- or at least some of them?
-
Honour killings
The 'Honour Killing' murder trial that transfixed Canada. Last week a jury found a father, a mother and their son guilty of four murders. Three of the victims were their teenage daughters killed because they brought shame to their family. The Law Report looks at so-called honour killings and efforts to stop them in the UK, Iraqi Kurdistan and in Pakistan.
-
Kenya and the International Criminal Court
The International Criminal Court has just announced that it will put four prominent Kenyans on trial for crimes against humanity. It’s alleged the accused orchestrated the communal violence which followed the last national election.
-
The Trial of Leon Borthwick: Part 3
Part three of a special documentary series on the trial of Leon Borthwick -- the man found guilty of the manslaughter of Mark Zimmer.
-
The Trial of Leon Borthwick: Part 2
Victims of crime: what do they make of criminal trials? Part two of a special documentary series on the trial of Leon Borthwick, a man found guilty of the manslaughter of teenager Mark Zimmer.
-
The Trial of Leon Borthwick: Part 1
On 16 November 2008, teenager Mark Zimmer was run over by Leon Borthwick. Mark died at the scene and Leon was charged with murder. Two years later, Leon was sentenced to seven and a half years for manslaughter.
-
Broome gas processing hub
The latest in the ongoing dispute over a proposed $35 billion gas processing hub in Broome.
-
Fights over wills
A new report on family squabbles over wills finds they can be both acrimonious and incredibly expensive. Not only do they destroy relationships, they can eat up the assets of an estate.
-
Courtroom interpreters
Recently a Sydney people smuggling trial was aborted because an Indonesian speaking juror noticed that the interpreter was getting it wrong.
-
Apology for duplicate podcasts
We have just upgraded to a new website, and the move has caused some podcast subscribers to download duplicate mp3s. We apologise for this issue and hope you continue to listen to Radio National podcasts in the future.
-
Climate change: Indian Ocean
If sea levels rise by just 1 metre, 30 million Bangladeshis will be displaced.
-
08:30 Climate Change: The Pacific
Climate change and rising sea levels. There are moves to relocate many people of the Carteret islands to other parts of PNG. But what about Kiribati? One day the entire country could disappear under the waves. Where will the people of Kiribati go? And without territory or a resident population, can a country simply cease to exist at international law?
-
08:50 Forensic Orders
Steven Nixon is an Indigenous man who has to comply with a Queensland Forensic Order. He says his mental health wont improve until he can 'return to country' across the border in NSW. But his treating team in Queensland won't help him do that, until he obeys the stipulations of his order to stay in Queensland.
-
08:30 Re Tracey
In October 2006, Tracey (not her real name) arrived in Australia in the arms of her drug trafficking mum. The girl went into foster care. But now mums out of jail -- so should she stay with her foster family, or return to Cambodia?
-
08:30 Better recognition for transgender people under...
Transgender people all too often have to contend with discrimination and even violence. But legally their situation is improving. The High Court has handed down a decision which allows transgender people to alter their identity documents without first having major surgery. And the Federal Government has just relaxed the rules around passports, a reform which is transforming lives for the better.
-
08:30 Electronic monitoring
Queensland is about to start GPS tracking of convicted sex offenders. Electronic monitoring of suspects and offenders has been around in various guises for almost 30 years and it's had great success in some jurisdictions. But it's technology that falls in and out of favour with governments.
-
08:30 Rule of law in China
China: business is booming and living standards are rising. In the last 35 years the economy and the legal system have been transformed. But times arent so good for dissidents, ordinary people with legal grievances or many of the countrys legal practitioners. Rule of law still has a long way to go in the Middle Kingdom.
-
08:30 The case of Mr XFJ
Would you jump into a taxi if you knew your cab driver had killed his wife? Would it make a difference if you found out he was found not guilty by way of insanity, the killing happened 22 year ago and the medical experts say hes fit to get behind the wheel? Hes even worked in the aged care sector and been the primary carer for a child with leukemia. Would all this change your mind? Last week the Victorian Court of Appeal handed down a ruling in favour of XFJ.
-
08:30 Sexual Assault: huge challenges and innovative...
Only a fraction of sexual assaults are reported to police. And of those that are reported only 11.5% result in a conviction. Why are the figures so low? And is it time to move beyond criminal prosecutions in all cases? In some cases might it be appropriate to have the victim and perpetrator talk through the issues face to face? Its a radical idea, and its coming from some surprising quarters.
-
08:30 The Racial Discrimination Act: Eatock v Bolt
Freedom of expression versus the right not to be racially abused. Last week the Federal Court found that Herald Sun columnist Andrew Bolt breached the Racial Discrimination Act when he wrote that a number of light-skinned Aboriginal people chose an Aboriginal identity in order to further their careers. A slap in the face for freedom of expression, or sensible response to an offensive racial slur?
-
08:30 Audio evidence in court cases
Scratchy voice recordings are often put before juries, especially in drug and terrorism cases. Its important evidence but how can we avoid the pitfalls? How can we avoid jurors being primed into thinking they hear something that simply isnt there? On the Law Report, take an experiment and find out if youre ears are 'jumping the gun'.
-
08:30 Triple trouble for Charter true believers
Is it the end of the line for Victorias Charter of Human Rights and Responsibilities? A parliamentary committee is recommending the dumping of court oversight. Meanwhile a court decision involving a Somali refugee evicted from public housing confirms that tribunals cant hear Charter arguments. And a High Court decision involving a lawyer convicted of drug trafficking makes it clear a Victorian style scheme could never operate on a national level.
-
08:30 The Chief Justice of Canada Beverley McLachlin
Name this country: its a geographically giant federation, sparsely populated, resource rich, with strong legal traditions inherited from the British. Answer? Canada. Coming up on the Law Report a conversation with Beverley McLachlin, the Chief Justice of the Supreme Court of Canada. A look at federation, freedoms, and formulas for appointing judges in the Great White North.
-
08:45 A decade since 9/11, 54 new anti-terror laws
In the 10 years since 9/11 Australia has passed 54 new anti-terror laws. And in that decade weve had no terrorist attacks here in our country. Does this mean the anti-terror laws are a success? Or have the increased state powers and criminal sanctions eroded the very freedoms these laws seek to protect?
-
08:30 The High Court buries the Malaysia Solution
Last Wednesday, the High Court killed off the Australia-Malaysia deal to transfer asylum seekers who reach Australia to Malaysia. It was a six to one ruling but Prime Minister Gillard singled out Chief Justice French, saying he had made different rulings on the same law in the past. '[He] considered comparable legal questions when he was a judge of the Federal Court and made different decisions to the one that the High Court made yesterday.' Is this true? Is the criticism fair? Where does...
-
08:30 Familial DNA testing and phenotype DNA testing
So you've just committed a crime but you're quietly confident because, even if investigators find a DNA sample, you're not on their database. They have no way of tracing you. Well bad news: don't relax! If a close relative is on the database authorities can track you down. And in the not-too-distant future investigators might even be able to use your DNA sample to construct an identikit image of your face.
-
08:45 Polygamy in Malaysia - UPDATED
In Malaysia, Muslims have family and inheritance matters heard in Sharia courts. The most obvious difference between the civil and religious legal systems is that Muslim men can marry four times, non-Muslim men cannot. Ratna Osman, the acting head of Malaysian women's rights group Sisters in Islam, talks about the lived reality of polygamy in Malaysia and new research looking at their experience.
-
08:36 A lawyer in London
Meet London defence lawyer Bruce Reid and his rioting clients: the 20-year-old pregnant mum who stole a vacuum cleaner, the middle class student whos jeopardised a promising career over some stolen clothes, and the bank clerk arrested in a ransacked mobile phone store.
-
08:30 The High Court Malaysian Solution challenge -...
On Monday the High Court heard the challenge to Canberras Malaysian solution. Hear what took place from someone who was there.
-
08:45 Frank Cassar: Australia's worst landlord?
Melbourne landlord Frank Cassar has a string of unpaid court orders. He and his wife have just been told by the Supreme Court: stop dealing with tenants and hire a real estate agent.
-
08:30 Mark Standen
NSW Law Enforcement is in shock after the assistant director of the State Crime Commission, Mark Standen, was found guilty of conspiring to import drugs and pervert the course of justice.
-
08:45 Proceeds of crime legislation
Federal prosecutors are trying to seize the profits from his autobiograghy. Guantanamo My Journey which has, since October last year, sold 30,000 copies. Captured in Afghanistan, Hicks was detained for 5 and half years in Guantanamo Bay before pleading guilty to supporting terrorism. He was repatriated to an Australian prison in May 2007 and released in December of that year. Last week Prosecotors using the federal Proceeds of Crime Act, succeeded in freezing bank accounts pending a full...
-
08:30 Canberra v Big Tobacco
Canberra and Big Tobacco are at war over plain packaging of cigarettes. Theres a Freedom of Information battle raging in the Federal Court, a dispute over rights spelled out in the HK-Australia Business Investment Treaty and a likely constitutional challenge - it centres on whether or not Canberra is taking away intellectual property without just compensation.
-
08:30 Justice Kevin Duggan
Last week Justice Kevin Duggan stepped down from the Supreme Court of South Australia. During his 46 years in the law he sentenced Snowtown (bodies in barrels) killer James Vlassakis, presided over 'The House of Horrors' child abuse trials and defended serial murderer James Miller. But Justice Duggan doesnt think lawyers and judges are the centre of the legal universe -- he reckons jurors are the 'unsung heroes of the system'.
-
08:30 Planning processes and houses of worship
Have you ever tried obtaining planning approval to build or renovate a house? Its not easy is it! But when it comes to a 'house of god' planning processes can become a lot trickier. How do you distinguish genuine concerns about amenity from religious intolerance? As difficult as these issues are here in Australia, they are nothing compared to the obstacles faced by some of our Asian neighbours' religious minorities.
-
0830 Ponki mediation
Ponki: the word means 'welcome' in the language of the Tiwi islands. It also means 'peace' or 'it's finished', and the spoken word is often accompanied by a hand gesture, waving the hand away from the body. The ancient concept is now being combined with mainstream mediation techniques to resolve all sorts of conflicts and disputes. Its helping long serving prisoners reintegrate back into the community and helping troubled youth stay out of jail.
-
08:30 Indigenous incarceration: jumping off the treadmill
Indigenous incarceration: the figures are shocking. But what can we do about it? Meet some people working hard to break the cycle in the Top End. Darwin based workers with the North Australia Aboriginal Justice Agency (NAAJA) help released offenders find education, work, and accommodation. And if offenders come from remote, traditional communities they help smooth their return and deal with thorny issues like payback.
-
08:30 Bankruptcy
Bankruptcy, it's how creditors recover money from insolvent borrowers. But is it too easy to obtain? A debt of just $5,000 can start the bankruptcy boulder rolling. And then along the way, charges accrued by the trustee in bankruptcy can add many thousands to the initial debt. Is this fair? And is this the most effective way to recover the money owed?
-
08:45 Injunction prevents non lawyer from providing...
Queenslander David John Walter has just been ordered to stop helping people with their court cases. After running the same unsuccessful argument in 10 matters, the courts have said enough, no more!
-
08:30 Honest to goodness
Honest to goodness - its a quaint, old fashioned expression. But these innocuous words are centre-stage in a serious trademark dispute between a small family-run business and a supermarket giant.
-
08:30 Fremantle prison
Come on a tour of one of Australias most extraordinary buildings: Fremantle prison. Opened in 1855, it housed convicts brought to WA to overcome an acute labour shortage. Once transportation ended, Fremantle prison went on to serve as WA's main penitentiary all the way up to 1991. Its a depressing place. Forty-four offenders were hanged within its walls. There were two major riots. And on the food and hygiene, well the less said the better. But its also a fascinating place that over the...
-
08:30 The WA Supreme Court turns 150
The WA Supreme Court is celebrating its 150th birthday. Come on a tour of the court and see how justice has adapted to the 21st century. Also wander around Perths oldest surviving structure, the Old Court House Museum. Its where many death sentences were handed down, the transportation of convicts was embraced and statehood was first debated.
-
08:42 Law and order on both sides of the Murray
Traditionally NSW is considered a tough-on-crime, throw-away-the-key type of place, while Victoria has a reputation as a softer state, with a greater focus on prevention and rehabilitation. But new administrations in both states mean these old stereotypes are being reversed.
-
08:30 Fair Work Ombudsman v Kentwood Industries
Five Chinese construction workers were paid $3 an hour over periods of between nine and fourteen months. They worked six days a week, lived in cramped conditions and when investigators started asking questions, they were told by their employer to lie about their pay and conditions. Last week the Federal Court threw the book at the employer and imposed heavy penalties.
-
08:50 Cameras in court rooms
We take a sneak peek at On Trial, a new ABC documentary series that takes cameras into criminal trials.
-
08:40 Billable units
When you hire a lawyer your bill goes up every time he or she spends six minutes looking at your file. A new report looks at the impact of this billing system and its connection to the prevalence of depression among lawyers.
-
08:30 The right of prisoners to speak out
Should prisoners and those on parole be able to speak to the media? Convicted riot leader Lex Wotton is going to the High Court to argue that his strict parole conditions infringe his constitutional rights.
-
08:30 The view from WA
Traditionally Australian lawyers have been organised and regulated at a state and territory level. But a national profession is coming soon...well not everywhere. SA and WA are not jumping on board. On the issue of a National Profession the WA government and WA legal profession are largely on the same page. But they don't see eye to eye on the issue of the right to silence. The government wants to dilute the right, it wants defence lawyers to tell prosecutors (in advance of any trial) what...
-
08:30 Copyright and the courts
There's an on-going courtroom war between copyright holders and those who believe everyone should be able to download anything they want for free. The music industry has scored some wins, but TV and movie producers are not faring well. The internet is notoriously difficult to regulate and the courts have been mostly reluctant to punish internet service providers that connect to illegal downloading sites.
-
08:30 Should expert witnesses and barristers be safe...
The UK has just overturned a 400-year-old legal doctrine. The Supreme Court has ruled that if an expert witness in a court case stuffs up, they can be sued. This decision follows on from another ruling which allows legal consumers to sue barristers who make monumental mistakes. But here in Australia, it doesnt matter how badly they stumble in court, an expert witness or barrister can never be sued. Why?
-
08:30 Decision making: law makers and law breakers
Imagine if your freedom depended on what a judge ate for breakfast? Sounds like a Kafka-esque nightmare? Fraid not! New research out of Israel has found that whether or not a judge grants parole is heavily connected to how close the case is heard to a break. Immediately after breakfast, morning tea and lunch, prisoners have a good chance of getting out, but as time drags and tummies gurgle the odds of freedom lengthen. Speaking of decisions, why do so many young offenders make stupid...
-
08:30 Macarena Gelman
This week - the extraordinary story of Macarena Gelman, a young Uruguayan woman whose parents were killed by a military junta. As an infant Macarena was then given to a family close to the regime..... and for the next 20 years she did know her true identity. When she discovered the truth - she sought justice. Last month, Macarena won an legal victory which has huge implications for herself and for her country.
-
08:30 Twenty years on from Aboriginal Deaths in Custody...
It's been 20 years since the Royal Commission into Aboriginal Deaths in Custody. Fewer aboriginal people are dying in lock-ups and prisons, but more are in jail. And the situation for the next generation is dire. In our juvenile detention centres more than half the kids are indigenous. What are the solutions and will the next 20 years be any better?
-
08:30 Virtual courts and the technological revolution
How far should our court system go in embracing new technology while still ensuring justice is being served? In the UK 'virtual courts' are being trialled where a defendant can appear via videolink from a police station and be sentenced without ever entering a court room. The pilot scheme has been controversial with many defence lawyers arguing it is not in the best interests of their clients. Could a similar system work in Australia?
-
08:30 Lawyers and depression
Why are lawyers more susceptible to depression than any other professionals? Is it the nature of legal work? Is the personalities of those attracted into the industry? Or is it the way that legal workplaces are organised? What can we do to prevent the illness or, when it strikes, facilitate a full recovery?
-
08:30 Brandjacking on social networks
The case of the fake Facebook site of a footwear company that conned women into sending in photos for a bogus modelling competition. The case of the public relations company that received bad press due to a Twitter impersonator. And the oil company that had trouble 'staying on message' thanks to (we think) an awol employee who liked to stay connected.
-
08:45 Baby D
In a groundbreaking decision the Family Court, for the first time, spells out what parents can decide when faced with difficult treatment decisions for an ailing, severely disabled infant.
-
08:30 Marlon Noble
Marlon Noble is an intellectually disabled Aboriginal man who has spent the last 10 years in a WA prison. But he is not a convicted offender. Because of his disability he was deemed unfit to stand trial and now remains in jail subject to reviews by the Mentally Ill Accused Review Board.
-
08:30 Remembering the Birmingham Six, the Guildford Four...
Its the 20th anniversary of the release of the Birmingham Six. After an IRA attack in 1974 six innocent men were tortured by police to obtain confessions. They were found guilty and served 16 years before their convictions were quashed. Together with the Guildford Four and the Maguire Seven, these convictions form one of the darkest chapters in the history of the British criminal justice system.
-
08:30 International Women's Day
This Tuesday marks the 100th anniversary of International Womens Day. In light of that, heres a quiz. In what country do 87% of women experience domestic violence, only 12% read and write, and most marry by the time theyre 16? Answer: Afghanistan. The way forward is not simple. Meet the extraordinary Nasima Rahmani, she runs grass roots legal projects staffed by incredibly brave women who are making a difference. And what about Australia? One in three women experience violence during their...
-
08:50 WIPO director-general Francis Gurry: protecting...
The Full Court of the Federal Court recently ruled that internet service provider iiNet is not liable for illegal downloads by its subscribers. iiNet had been taken to court by a who's-who of Hollywood giants, eager to establish that internet service providers take responsibility for the actions of their customers. With two billion people worldwide using the internet, copyright infringement is taking a huge toll on copyright owners, especially in the music industry. But what is the solution?
-
08:30 Vulture funds
Recently, a Sydney court ruled in favour of NY based company FG Hemisphere Associates. It buys the debts of desperately poor countries for a pittance and then fronts up to courts all around the world seeking to enforce the full amount of the debt plus interest. The NSW Supreme Court said the Democratic Republic of Congo must hand over $30 million. FG Hemisphere Associates is on solid legal ground but what about the ethics?
-
08:30 Prisons and information: flowing in, flowing out
Should prisoners be allowed to have computers in their cells? What about internet access? Perhaps unexpectedly, one of the arguments in favour is better security and closer monitoring. On the issue of technology and jails, in an effort to better understand what drugs are taken and how they get in, Australian researchers are about to embark on a comprehensive monitoring of prison waste water.
-
08:30 The courts and the media
Courts are in the business of conducting fair trials, while the media is in the business of getting stories out to the general public, fast. In many ways, the digital revolution is sharpening an age-old tension and creating new areas of conflict. Suppression orders are on the rise and courtroom twittering looks set to take off.
-
08:30 The trial of Leon Borthwick: Part 3
Part three of a special documentary series on the trial of Leon Borthwick -- the man found guilty of the manslaughter of Mark Zimmer. This week the sentencing. The unfortunate handling of the victim impact statements leads to change across the Victorian trial system. And emotions run high at the actual sentencing, when the Zimmer family are relegated to the upstairs public gallery.
-
08:30 The trial of Leon Borthwick: Part 2
Victims of crime: what do they make of criminal trials? Part two of a special documentary series on the trial of Leon Borthwick, a man found guilty of the manslaughter of teenager Mark Zimmer. We follow the Zimmer family and the prosecution team through the harrowing trial and hear the Zimmer familys criticisms of a system they say is stacked against them.
-
08:30 The trial of Leon Borthwick: Part 1
On 16 November 2008, teenager Mark Zimmer was run over by Leon Borthwick. Mark died at the scene and Leon was charged with murder. Two years later, Leon was sentenced to seven and a half years for manslaughter. This week on The Law Report, the first of a three-part series, made over almost two years, which follows the harrowing murder trial process from the perspectives of both the grieving Zimmer family and the prosecution team.
-
08:30 The strange alchemy of life and law
Have you ever imagined what it would be like to be a judge? Do you assume it would be pretty dull, listening to all those lengthy technical legal arguments and then typing out page after page of judgment? Well think again. Meet South African judge Albie Sachs, a man who compares judging to extreme sports! He talks openly about tears, laughter, eureka moments in the bath, and how dramatic life experiences jell with tough judicial calls.
-
Tuesday 08:30 Peremptory challenges
Each year about 170,000 Australian are summoned for jury duty. They arrive at court ready to take their place in the jury box. But for quite a few that's as far as they get, because at that point barristers give all the potential jurors 'the once over'. And if a barrister doesnt like the look of you, youre out on your ear. Is the system fair? Is it logical? This program was first broadcast in July 2010.
-
Tuesday 08:30 Breaking the cycle
For years Bethlehem House, a homeless men's shelter in Hobart, was the first port of call for many released prisoners. But without life skills or support, a big percentage soon reverted to crime. In response, the shelter got proactive. Case workers spend time in jail with prisoners, identifying their problems and needs. And upon release these are addressed and stable accommodation provided. The results? Very impressive! This program was first broadcast in August 2010.
-
Tuesday 08:30 The Chamberlain case: the lessons learned
Thirty years ago, on 17th of August 1980, nine-week-old baby Azaria went missing at Ayres Rock. In the following years there were three coronial inquests, a court case and a Royal Commission, featuring some of the most controversial evidence in legal history. The Royal Commission sparked a fundamental rethink of forensic practices in Australia. Lindy Chamberlain-Creighton and others speak about what went wrong and what we've learned since. This program was first broadcast in August 2010.
-
Tuesday 0830 Mahatma Gandhi: from lawyer to national...
With Christmas almost upon us, it's an opportunity to think about how faith, hope and strength can come in its many different forms. This week's program, first broadcast back in March, marks the 80th anniversary of what many regard as one of the turning points of modern history. In March 1930, Mahatma Gandhi set off on the march to Dandi, a 390km walk that shook the British empire to its core and ignited a flame in the hearts of millions of Indians. How did Gandhi, a retiring commercial...
-
Tuesday 0900 EXTRA AUDIO: Sharon Venne
Sharon Venne a Cree woman from Canada who was also in Australia for the University of South Australia conference. Sharon Venne talks of the difficulties of raising indigenous issues in United Nations forums.
-
Tuesday 0840 Bio-piracy
The Kakadu plum controversy. A US cosmetics company is seeking a patent over an extract from a plant that has been used for thousands of years by Indigenous communities in Australia. And as we hear, this is not the first case of this kind.
-
Tuesday 0830 Julian Assange
A London court is about to hear arguments on whether or not to extradite him to Sweden to face questions over alleged sexual misconduct. And what about the legalities of publishing those embarrassing leaks? Governments are furious but has Assange committed any criminal offences?
-
Tuesday 08:30 Medical research
Human guinea pigs: balancing the risks and benefits of participating in medical research. How do you ensure informed consent from sick children, people with psychiatric illnesses or Alzheimer's disease? What about the legal and ethical issues around healthy people who participate in trials only for the money? And what options do people have when harm occurs?
-
Tuesday 08:45 Presidential pardons in the USA
In the USA the annual presidential pardon of a Thanksgiving turkey has focused attention on another much more serious presidential power. US presidents have an unfettered right to pardon any federal offender. Its a controversial power, and one President Obama seems reluctant to exercise.
-
Tuesday 08:30 Forced marriage
Forced marriage: do we need specific laws to protect vulnerable women and children? And what are we doing right now to protect people from being sent overseas to a future they dont want?
-
Tuesday 08:45 Bail laws in NSW
Is the NSW bail system too tough or too weak? Are the accused locked up when they neednt be? And will a new Act get the balance right?
-
Tuesday 08:30 M61 and M69
The High Court recently blow a big hole in the federal government's offshore asylum-seeker processing scheme. It was a system where life and death decisions were made by outsourced labour provided by a company called Wizard People. What will this system be replaced with?
-
Tuesday 08:45 The Queen v Nguyen
The case of three men who burst into a flat - one was wielding a sword, another a gun. The man with the gun shoots dead one of the occupants. So can the man with the sword also be found guilty of murder? Joint criminal enterprise or wrong place at the wrong time?
-
Tuesday 08:30 South Australia v Totani
Outlaw bikie gangs score a big legal win against the SA government. The High Court strikes down laws which prevent gang members from associating with each other.
-
Tuesday 0830 The perils of investigative reporting
A conversation with veteran journalists Chris Masters and Paul Barry on the legal perils of investigative reporting. Chris Masters tells of the toll that defamation disputes can have on even the toughest media professionals. And why he came to fear a cold-blooded QC more than a gangster. And Paul Barry reveals his tips on how to deter potential litigants from pressing the litigation button.
-
Tuesday 08:30 Where there's a will, there's a way
Many Indigenous Australians dont have wills. Partly its because a lot of people in remote communities live outside the mainstream economy. But of course when it comes to art production these communities are centre stage and some of the artists are highly successful both artistically and commercially. To avoid disputes, confusion, and (in some places) anachronistic laws that apply only to Indigenous Australians, lawyers are sitting down with the artists and drafting their wills.
-
Tuesday 0830 Compulsory land acquisition
We think of our home as our castle. But if government wants to build a road, a railway line, a desalination plant or anything else, they can take your home, theres no question! But whats less certain is whether you will get sufficient compensation to start afresh. And what if there is a profitable development on the site of your old home, will you get a cut?
-
Tuesday 0830 Crime statistics and the trouble with knives
In the past 18 months, Victoria has passed strong stop and search laws - strengthening them recently with amendments - to combat the problem of knife crimes. South Australia and Western Australia are also drafting legislation to tackle the knife problem. But while the headline stories of horrific knife attacks loom large, criminologists argue that we remain in the dark about the size and nature of this problem.
-
Tuesday 0830 Wild Rivers
Last week Tony Abbott announced his intention to introduce a private members's bill that would quash Qlds controversial Wild Rivers legislation. Meanwhile the ALP has announced that a House of Reps Committee will examine the all aspects of the Queensland law. Cape York is watching closely. On the Cape, Wild Rivers is a red hot issue and emotions are running sky high. This week on The Law Report travel to Cape York and meet local indigenous people who claim the Wild Rivers laws strip them of...
-
Tuesday 08:30 The Dianne Brimble Case eight years on
Hours after Dianne Brimble a boarded a cruise ship she died in the cabin of a man she'd just met. An autotopsy revealed high levels of alcohol and the presence of the drug GHB in her blood stream. An under-resourced police investigation, a lengthy inquest and a trial all followed. Eventually the courts dropped all charges of manslaughter. Sydney Morning Herald crime editor Geesche Jacobsen has just published a book on the long-running lega saga.
-
Tuesday 08:30 Australia's complex and conflicting...
Australia has a patchwork of different, and conflicting, succession laws. Youd think 110 years after federation, wed have the same laws governing wills, family provision and intestacy. Well, think again and start planning. Otherwise, a whole bunch of relations, your spouse, your ex-spouse, your kids or your long lost cousin might, or might not, end up with your assets.
-
Tuesday 08:30 The strange alchemy of life and law
Have you ever imagined what it would be like to be a judge? Do you assume it would be pretty dull, listening to all those lengthy technical legal arguments and then typing out page after page of judgment? Well think again. Meet South African judge Albie Sachs, a man who compares judging to extreme sports! He talks openly about tears, laughter, eureka moments in the bath, and how dramatic life experiences jell with tough judicial calls.
-
Tuesday 08:46 Up-skilling judges
Meet Justice Robyn Layton, the retiring South Australian Supreme Court judge who spends a lot of her time helping to train her fellow judges.
-
Tuesday 08:30 Land clearing litigation
Meet Peter Spencer, the NSW farmer who says that restrictive land clearing laws amount to the government seizing his property without compensation. He wants his day in court. Last week the High Court agreed, opening the door to a trial which could have huge ramifications.
-
Tuesday 08:30 Wearing a niqab in the witness box
We examine the case of the Perth Muslim woman who wants to keep her face covered when she gives evidence in an upcoming court case. The judge had to balance the right of the witness to maintain her modesty and traditions against the right of the accused to have a fair trial. Our concept of a fair trial includes the idea that a jury should be able to see and hear a witness give their evidence. But what about the science? Is it actually possible for jury members to accurately read the face of...
-
Tuesday 08:30 The trial of Comrade Duch
Last month a court in Cambodia handed down its ruling in the trial of Comrade Duch, the Khmer Rouge jailer responsible for 14,000 deaths. Hes been sentenced to 35 years but, because of time served, he could be out of jail in just 19. As one victim pointed out, thats only 11 hours per life! And what about all the others responsible for crimes in Cambodia: why arent they in the legal firing line?
-
Tuesday 08:30 The Chamberlain case: the lessons learnt
It's 30 years since nine-week-old baby Azaria went missing at Ayres Rock. What followed were two coronial inquests and a court case featuring some of the most controversial evidence in legal history. The Royal Commission that followed sparked a fundamental rethink of forensic practices in Australia. Lindy Chamberlain-Creighton and others speak about what went wrong and what we've learnt since.
-
Tuesday 08:35 Indigenous incarceration in WA
One in every 12.5 Indigenous men in WA will spend tonight in prison. Why are the incarceration figures so astronomical?
-
Tuesday 08:30 The right to vote
One hundred thousand extra Australians will get to vote at the upcoming election following a ruling by the High Court. A majority of judges found that the federal electoral roll should have stayed open for seven days after the election was called.
-
Tuesday 08:30 Breaking the cycle
For years Bethlehem House, a homeless men's shelter in Hobart, was the first port of call for many released prisoners. But without life skills or support, a big percentage soon reverted to crime. In response, the shelter got proactive. Case workers spend time in jail with prisoners, identifying their problems and needs. And upon release these are addressed and stable accommodation provided. The results? Very impressive!
-
Tuesday 08:30 WA's Prisoner Review Board
WA's prisons are bursting. In only a year there has been a 25% spike in the jail population. You might assume the jump would be due to tough new legislation or judges handing down longer sentences. But no, in fact the main reason for the increase lies with the WA Parole Board. Since the appointment of Justice Narelle Johnson as chair, the board has slashed the number of prisoners it releases back into the community.
-
Tuesday 08:45 IVF treatment for prisoners
Should female prisoners have access to IVF? A Victorian court has given one prisoner the go-ahead to grow her family while shes behind bars.
-
Tuesday 08:30 Muckaty Land Trust litigation
The proposed site for Australias national radioactive waste facility is on Aboriginal land. One group of traditional owners nominated the site and a lot of the other traditional owners are furious. The opponents are off to court to strike out what they say was a flawed nomination process.
-
Tuesday 08:30 Peremptory challenges
Each year about 170,000 Australian are summoned for jury duty. They arrive at court ready to take their place in the jury box. But for quite a few that's as far as they get, because at that point barristers give all the potential jurors 'the once over'. And if a barrister doesnt like the look of you, youre out on your ear. Is the system fair? Is it logical?
-
Tuesday 08:40 Domestic violence and family court...
A new report explores the experiences of women who suffered domestic violence and then went on to navigate the family law system. The report finds that flaws in our child welfare and our family law systems mean that kids are unsafe.
-
Tuesday 08:30 Dr Richard Tjiong
Prominent medico Dr Richard Tjiong recently appeared as a witness in a court case over the estate of his brother George. The judge was so furious with Richard's evidence that he wants prosecutors to consider charging the good doctor with perjury.
-
Tuesday 8:30 Wading into the Wandjina Controversy
There's an unfolding controversy swirling around a two metre, eight-tonne sculpture with the title Wandjina Watchers in the Whispering Stone. The sculpture sits in the front yard of a wellness and art centre in Katoomba. The artwork has ignited passions all the way from the chilly Blue Mountains to searing deserts of the Kimberley in WA. Indigenous groups are furious that the artist did not seek permission before using what they regard as sacred imagery. Both sides are now mounting a battle...
-
Tuesday 8:30 A stroll through London's historic legal...
Take a stroll through London's historic legal precinct, the very place where the Common Law was born. With a leading criminal barrister as our guide we visit one of the Inns of Court, the Middle Temple. It's an ancient town-within-a-town where lawyers trained, worked and lived in medieval times. And guess what, they're still there today. In the 21st century it's still the beating heart of the country's legal industry.
-
Tuesday 8:30 Evidence in criminal trials
DNA tests and suspect line-ups are often crucial to the prosecution case, but just how reliable are they? Are our systems and processes up to scratch? What can we do to ensure that the dice is not loaded against the accused? And in this federation of ours are some states doing it better than others?
-
Tuesday 8:48 Counsellors who don't keep confidences
Shannon, not her real name, has had to deal with a lot in her young life. Her mum and step father are mentally ill. The last thing she needed was to be let down by the very people she turned to for help. When she was 17, she confided in a counsellor. He spilled the beans! He shared her confidences with her family and her housemates. Shannon's story raises very interesting legal and ethical questions about the way counsellors and health car providers go about their work.
-
Tuesday 8:30 Dodgy door-to-door sales people
Traditionally they sold encyclopedias and vacuum cleaners. These days its switching your electricity, gas or telecommunication provider. The products may change but not so the dangers. Vulnerable groups like the elderly and non English speakers can be the victims of dodgy door-to-door salesmen. In Victoria lawyers and legislators are trying to both educate consumers and come down hard on the shonks.
-
Tuesday 8:30 Philip Alston, UN Special Rapporteur on...
Next week Philip Alston, the UN Special Rapporteur on extrajudicial killings, will fly to Geneva to report to the UN on the use of Drones. The small, unmanned planes are used by US forces to eliminate Taliban operatives deep in the mountains of Pakistan and Afghanistan. Also hear about the extraordinary people who put their lives on the line to help Alston investigate the soldiers and police who murder in places like Kenya, Brazil and Columbia.
-
Tuesday 8:30 A terrible year for oil spills
It has been a shocking 12 months for oil spills: the Gulf of Mexico and, much closer to home, the Great Barrier Reef, the Timor Sea and the coast off southern Queensland. When disaster strikes how well do American and Australian legal and regulatory systems respond? In the USA a Senate Committee has heard that although the disasters in the Timor Sea and the Gulf of Mexico are oceans apart, both involved oil rigs whose cementing was done by one company: Halliburton.
-
Tuesday Tina Hunter
Phone: Address:
-
Tuesday 8:45 Consumer rights for euro stoners
Meet Marc Josemans, the Dutch businessman who sells 10 million euros of marijuana each year. He is arguing in the European Court of Justice that local laws preventing the sale of marijuana to non-Dutch citizens is discriminatory and contravenes the principle of one single EU market.
-
Tuesday 8:30 DNA debacle: the case of Farah Jama
A lesson to everyone: never put blind faith in science! Thanks to a contaminated DNA test, the young Melbourne man was sentenced to six years jail for a rape that, in all liklihood, never took place. Last week retired judge Frank Vincent handed down a damning report which slammed the scientific and legal communities and called for major reforms.
-
Tuesday 8:30 Bullying and the Courts
A Victorian girl has won the right to seek crimes compensation for the bullying she endured in primary school. Also recently another teenager won $290,000 compensation because the school turned a blind eye to her school-yard tormentors. And what about cyber bullying? Thanks to texting and email, the abuse followed that teenager after she moved town to get away from the thugs.
-
Tuesday 08:30 A unified Australian legal profession
Australia is moving towards a single national legal profession. Right now lawyers are regulated at the state and territory level by about 55 different organisations. Streamlining sounds simple, but in fact there are big questions, like who would regulate a national body? Lawyers want to keep their independence from government but consumers want to open up the shop and avoid 'Caesar judging Caesar'.
-
Tuesday 8:30 Trailblazer Antoinette Kennedy retires in WA
Meet Antoinette Kennedy, the retiring chief judge of the WA District Court. She has strong views on Western Australias tough law and order approach to crime; deep concerns about mandatory sentencing, anti-hoon laws and new stop-and-search powers. Her critics maintain shes too soft on offenders. But she reckons the politicians need to lift their game and start thinking big picture.
-
Tuesday 8:30 Should jurors hear about an accused's prior...
The recently re-elected South Australian government has thrown a law and order cat among the civil libertarian pigeons. It wants juries to hear about an accuseds prior criminal history. Will this give jurors the complete picture and lead to better outcomes? Or will jurors start presuming guilt - gutting the whole idea of a fair trial?
-
Tuesday 08:30 Problem-solving courts - first broadcast...
Visit the Dandenong Drug Court. Meet the presiding magistrate, the defence lawyer and some of the offenders who are hoping to kick their habits, stop committing crime and avoid a jail sentence. The intense supervision and treatment order is cheaper than jail but does it work? Tough love or soft option? *Note this is a re-broadcast of a feature first heard on 3/11/2009
-
Tuesday 0830 The intriguing case of Vera Momcilovic
Vera Momcilovic, a 40-something Melbourne lawyer, lived with a drug trafficker. Police burst into her apartment and found 400 grams of methylamphetamine in the fridge. Vera claimed she had no idea the stuff was in her apartment. But she was deemed to be in possession and convicted of trafficking. She appealed, arguing these deeming provisions breach her rights under Victoria�s Charter of Rights and Responsibilities... Last week the Court of Appeal announced its ruling. It upheld Vera's...
-
Tuesday 0845 The case of Graeme Kirk
Graeme Kirk was convicted of failing to provide a safe workplace under NSW OHS legislation following the death of his employee. Kirk hired an experienced farm manager to manage his hobby farm. The manager died in a work place accident when he used an inappropriate vehicle to transport materials and then drove down a steep slope. The High Court has unanimously quashed his convictions, one High Court judge even described the prosecution as 'absurd'.
-
Tuesday 0830 Relocation following divorce
The High Court case of the family that relocated from Sydney to Mt Isa for Dad�s work. About eight months later the parents separated. Dad wanted to stay in Mt Isa. Mum -- unemployed and living in a caravan park -- desperately wanted to return to Sydney. So what exactly is in the best interests of the child?
-
Tuesday 0830 Mahatma Gandhi: from lawyer to national...
This week marks the anniversary of a pivotal turning point in the struggle for Indian independence. Exactly 80 years ago Mahatma Gandhi set off on the march to Dandi, a 390km walk that shook the British empire to its core and ignited a flame in the hearts of millions of Indians. How did Gandhi, a retiring commercial lawyer, morph into a feisty human rights advocate and then morph again into a brilliant political strategist?
-
Tuesday 0830 Chief Justice of the Federal Court Michael...
'A waste of public resources bordering on the scandalous.' That�s the way one frustrated judge (a few years back) described a massive legal battle between two giant corporations which involved 120 court hearing days and $200 million in legal costs. This week on the Law Report meet Michael Black, the retiring Chief Justice of the Federal Court. Find out how his court has tried to rein in out-of-control litigation.
-
Tuesday 0845 Unauthorised sequels
The US book industry is eagerly awaiting an appeal court decision involving an unauthorised sequel of the classic novel The Catcher in the Rye written by the recently deceased author JD Salinger. The litigation deals with the question of whether or not you can have copyright in a character.
-
Tuesday 0830 The crime gene
Next time you commit a crime, rather than blame your parents, your socio-economic disadvantage, or your mental state, try pinning responsibility on your DNA! Convicted murderer Abdulmalek Bayout recently made legal history when a court in Italy reduced his sentence because it accepted that Bayout was genetically predisposed to being aggressive and violent! Controversial...well it gets worse...the so-called crime gene is more prevalent in some racial groups than others! Extra Audio Download...
-
Tuesday 0830 Arson
Who lights fires and why? Meet a psychologist who has traveled to prisons across Australia and spoken at length to convicted offenders. She interviewed 90 arsonists—40 serial offenders and 50 one-off offenders. Why do they cause such devastation? How we can prevent the crime? And how we can catch them?
-
Tuesday 0840 A Byron Bay beach barney
Meet Byron Bay resident John Vaughan. He�s just won a victory against his local council, which tried to prevent him from fixing a council-built sea wall following a heavy storm. The dispute involved a clash between the council's policy of planned retreat in the face of advancing waves and its obligations under a council-approved Development Consent. The dispute also raises broader questions about what sort of planning schemes we need for our vulnerable coastlines.
-
Tuesday 0830 The iiNet court decision
Hollywood�s heavyweights flunk in their bid to hold a Perth-based internet service provider responsible for illegal downloads by its customers.
-
Tuesday 0830 Trademark Disputes
Logos, designs, shapes and colours are hugely important in influencing shoppers to buy one product over another. Last week a dispute over wrist watches settled. And there seem to be quite a cluster of conflicts in the alcohol and chocolate industries - where trademarks appear almost as important as tastebuds.
-
Tuesday 0850 Who owns water?
In December the High Court handed down a ruling in the ICM case. The giant agribusiness took the government to court over a change in the groundwater allocation scheme which saw its water allocation decline by 70%.
-
Tuesday 0840 Patent pools
Millions of HIV positive people in the developing world do not have access to life saving medications...and those that do have access can afford only older, dated medications. Supporters say a new legal model - a Patent Pool - could transform drug production and help millions of people.
-
Tuesday 0830 The case of Dion Robert Taiapa
What would you do if a thug burst into your home, stuck a gun to your head and demanded you become a drug mule? Well that's exactly what happened to Queenslander Dion Robert Taiapa. Last month the High Court threw out an appeal by Mr Taiapa, who's currently in jail for drug trafficking offences.
-
Tuesday 0830 Art, law, and the Yolngu people of East...
In 2008 the High Court handed down the Blue Mud Bay decision, which gave exclusive fishing rights in the inter-tidal zone to Northern Territory Indigenous people. This was the latest in a long line of political and legal battles where the Yolngu have used their art, which spells out their law, to articulate their connection to the land and to the sea.
-
Tuesday 0830 Litigation American style
Why is the USA such a litigious society? How did the country end up with such an overdeveloped (and some would say distorted) civil litigation culture? And what�s it like living with consequences: fun-free playgrounds, silly warnings, defensive medicine and outrageous cases like the judge who tried to sue his dry cleaners for $54 million because they lost his pants. Two leading thinkers give their take on why Americans are so quick to shout 'See you in court!'
-
Tuesday 0830 Queensland's child protection system
Four years ago, a young mother became a crucial witness in a triple murder case. She was also raped by two of the murderers. A week later, Queensland�s Department of Child Safety deemed this woman 'an unfit mother' because her two-year-old son was with her at the time of the crimes. The child was taken into protective custody and will remain in foster care until he is 18. Hear her extraordinary story, and also that of a family whose disabled child was removed and died before the family could...
-
Tuesday 0830 Animal rights
Our attitude to animals is contradictory. Many of us share our homes with pets, yet most of us eat meat. The law at least is consistent: animals are property, nothing more. But US lawyers are trying to push the envelope through the courts: guardians have been appointed for animals and the best interests of the pet considered in family law disputes. Meanwhile, in Spain the parliament wants to grant legal personhood to primates.
-
Tuesday 0830 The case of Harry Kakavas
High Roller Gambling -- it's a world of corporate jets, luxury accommodation and gift boxes full of cash. For gamblers it's an exhilarating roller-coaster ride. But of course when the party stops things can turn nasty... Queensland property developer Harry Kakavas lost $20 million at Melbourne's Crown Casino between June 2005 and August 2006. He was so angry he sued! Kakavas claimed the casino knew he had a gambling problem and had then deliberately set out to exploit his vulnerability. Last...
-
Tuesday 0830 David Weisbrot steps down as head of...
Law Reform Commissions -- do we really need them? If governments want to change the law, why can�t they work out what they want by themselves? Do law reform commissions provide governments with camouflage, allowing them to further their political agendas with a veneer of impartiality? After 10 years at the helm of the Australian Law Reform Commission David Weisbrot is stepping down. He says law reform commissions do indeed provide objective, arms length advice, and all sorts of individuals...
-
Tuesday 0830 Globalising justice
This week marks the 25th anniversary of the Bhopal disaster: thousands died when a poisonous cloud escaped from an American owned chemical plant. When transnational corporations put profit before people there can be enormous suffering. Right now there�s a landmark case before the courts in Ecuador seeking to hold a US oil company accountable for appalling pollution in the Amazon jungle. But elsewhere globalisation has produced enormous benefits for the poor in developing countries. So how do...
-
Tuesday 0845 The liabilities of licensed premises
Two decisions of the High Court look at the legal liability of licensed premises.
Recommended Shows
PROGRAM INFORMATION
- Melbourne, VIC
- Current Affairs, Legal, Public Radio
- ABC (Australia)
- English
-
Law Report
GPO Box 9994
Melbourne 3006(03) 9626 1642 -
Visit the station website
Update show info
