Law Report
From courtroom dramas to miscarriages of justice, to how the law affects you — and so much more. The Law Report is your accessible guide to the big legal stories unfolding in Australia and across the world.
Episodes
Democracy in the misinformation age
What impact does 'fake news' have on public discourse, democracy and the justice system? And how can governments and journalists meet the challenge?A former judge, a journalist turned researcher and a political strategist shine a light on democracy in the age of misinformation and disinformation.Listen to a panel discussion moderated by the Law Report's Damien Carrick in Melbourn
Rogue OpenAI agents hacked into Medicare — is it a crime?
When OpenAI agents gained unauthorised access to the Medicare data portal, Prime Minister Anthony Albanese said he was extremely concerned about the privacy breach. But are there any legal consequences? Could OpenAI be prosecuted for the hack? Could it be liable in a civil action?As the technology develops at breakneck speed, the Law Report discusses what guardrails are necessary
Should smart glasses be banned in public places?
Concerns over privacy breaches linked to smart glasses are seeing authorities around Australia move to restrict where they can be used.Western Australia has announced a complete ban in public schools, which takes effect next month.Local councils are also taking action, with the City of Randwick in Sydney investigating whether it can prohibit smart glasses at public beaches.And th
Is influencing someone to end their life a crime in Australia?
The Victorian government has pledged to implement a raft of reforms around domestic and family violence if it is re-elected in November.One promise is to introduce a new manslaughter offence in cases where a person is found to have taken their own life due to family violence.So, is it currently possible to convict a person of murder or manslaughter if they goad or encourage their
The rapid rise of AI use in employment law disputes
A Sydney computing academic made headlines when he won a landmark case at the Fair Work Commission by relying entirely on artificial intelligence.The Law Report explores concerns over the rapid rise in the use of AI by self-represented litigants in employment law disputes.
01 | Can a stranger inherit everything you own?
An elderly man goes into respite care and meets a nurse he's never known before. Within days she's bought him a will kit and had a document drawn up that leaves everything to her. He dies weeks later. Was that his clear settled wish, or something else entirely? Proving the difference is where it gets hard. And messy.When it comes to wills, how big an issue are fraud and undue inf
02 | The will written on a frozen fish packet
A frozen fish packet. An unsent text. A tractor fender. Courts have accepted all of these as valid wills.You want to write a will and make sure that your assets go to those who you think deserve your generosity.So, how can you make sure the will is binding? Does it need to be a formal document, printed out and signed with a pen? Or can a valid will be a word document, an email or
03 | He worked the farm for decades and got nothing
You work the family farm your whole life, then it's left to someone else.When drafting a will, the law says you don't have to be fair or equal in deciding who will receive your estate.So, after you pass away, can disgruntled family members or friends challenge your will in the courts? Conflicts over inheritance arise in many families but are particularly fraught and complex in fa
04 | Asked to be an executor? What you're really signing up for
If a relative asks you to be the executor of their will, should you accept? What can go wrong and what do you need to know before you agree to take on the role? When disputes arise, executors are the ones left to clean up the mess, often navigating difficult family dynamics. And saying yes to being an executor can make you personally liable for someone else's debts. Sydney lawyer
Alan Jones on trial
The criminal trial of former radio broadcaster Alan Jones has begun in the Local Court in Sydney.
How should the law respond to cults and groups that coerce and control?
The Victorian parliament has published a groundbreaking inquiry into the recruitment methods and impacts of cults and organised fringe groups.Among the inquiry's recommendations are world-first laws to criminalise coercive control behaviours by groups.
The legacy of William Ah Ket, Australia's first lawyer of Chinese descent
It's 150 years since the birth of William Ah Ket, Australia's first lawyer of Chinese descent.He was involved in two significant legal victories that kicked back against laws that discriminated against Asian Australians in the early 20th century.The Law Report explores the life and career of this remarkable Australian, his achievements and how his legacy resonates today.
Fifty years of 'no-fault' divorce in Australia
This year marks 50 years of the Family Law Act – legislation that revolutionised the way Australians divorce. Two former family law judges sit down with Damien Carrick to revisit a time before no-fault divorce, when unhappy spouses often employed private detectives to prove adultery.
The dilemmas of parole board decision making
What is it like to have the responsibility of deciding if a violent offender should be released from prison and allowed back into the community?
New employment law pathway to hear sexual harassment complaints
In a legal first, the Federal Court has handed down a sexual harassment decision under protections recently introduced to the Fair Work Act.
Who should pay when prison guards or police officers cause injury?
If a child is injured by tear gas in a youth detention centre, are the authorities liable? And can a protester injured by police during a demonstration seek damages?
Why a UK court upheld the Palestine Action terror ban
The Court of Appeal in London ruled that it was open to Britain's home secretary to designate the Palestine Action protest group as a terrorist organisation.
Should a complainant's counselling records be used in a sexual assault trial?
The Law Report looks at the Victorian government plans to ensure health and counselling information is not used in court without the consent of victim survivors, who will also be given the choice to pre-record their evidence ahead of trial.
Is there a place for AI in boardrooms and the courts?
Artificial intelligence is revolutionising all parts of the economy and our institutions — corporate boardrooms and the courts are not immune.
A bushfire starts on your property and spreads to your neighbours - are you liable for their losses?
A court has found that a South Australian farmer was responsible for setting fire to a pile of vegetation that was left smouldering and reignited six months later, causing a devastating bushfire.
Trump's war on journalists: libel or lawfare?
There's been a wave of defamation suits from within the Trump administration targeting the US news media. Is it legitimate litigation or lawfare?
America's Erin Patterson? The Kouri Richins poisoning case
In a case that's transfixed the US, a woman who wrote a children's book about grief following her husband's death has been sentenced to life in prison for his murder.
Does EMDR therapy taint a witness's recollection?
Imagine you are a victim of crime and need therapy to help deal with a traumatic memory. Would you go ahead if it meant that your case might not be prosecuted because the treatment could deem your evidence unreliable or inadmissible in court?
What does an election look like when there are no financial ground rules?
There are no political donation laws in Victoria following a High Court decision that overturned legislation in place for nearly a decade.
Scam victims want compensation as HSBC settles ASIC action
The Law Report speaks to victims who are calling for the banking giant to compensate them, and asks, how effective are Australian laws in dealing with sophisticated scams?
Why was Ben Roberts-Smith granted bail on war crimes charges?
Australia's most decorated living soldier Ben Roberts-Smith has been granted bail after being charged with five counts of the war crime of murder. Why was he granted bail? And why did the judge find there were exceptional circumstances and bail did not impose any unacceptable risks?
Euthanasia: How Australia's approach compares to other countries
In countries where voluntary assisted dying is allowed, there are very different legal frameworks. A high-profile case in Spain raises questions of whether the procedure should only be allowed if there is a terminal illness. Should the medical criteria also include mental distress? And how does mental illness impact on the idea of agency and choice?
A cultural approach to reducing Indigenous reoffending
Indigenous incarceration rates are off the scale in Australia. For the last four years, the District Court of New South Wales has been trialling the Walama sentencing list, a program aimed at reducing recidivism.
How accurate is facial recognition software?
The Law Report is asking some big picture questions about the pros and cons of facial recognition software use by police and retailers.
High Court says government can't use ankle bracelets, curfews to monitor former immigration detainees
Should the Federal Government have powers to restrict the movement of former immigration detainees in the community?
Are suppression orders out of control in Victoria?
How accurate is a recent report that claims Victorian courts issue more suppression orders than in any other Australian jurisdiction?
Should an offender's disadvantage have an impact on their sentence?
What arguments and information should courts be hearing when they are sentencing an offender? In April, a tool to assist defence lawyers and judges will go national.
Law Report Special: Star Casino executive directors breached their obligations under the Corporations Act
Matthias Bekier, former managing director of Star Entertainment, the company which operates Sydney’s Star Casino and Paula Martin, Star Entertainment’s former legal counsel both failed to address money laundering risks and criminal associations between 2017 and 2019.That’s the finding of Justice Michael Lee of the Federal Court, who at the same time dismissed similar cases agains
Claims chasers in natural disaster zones
The Law Report is shining a light on claims or disaster chasers who approach people whose homes have been damaged by a severe weather event.
Fifty years of 'no-fault' divorce in Australia
Two former family law judges sit down with Damien Carrick to revisit a time before no-fault divorce, when unhappy spouses often employed private detectives to prove adultery.
Is the right to protest being undermined in Australia?
Queensland has introduced a bill to ban the slogans "from the river to the sea" and "globalise the intifada". Western Australia wants to give police the power to refuse a protest permit if a public event is deemed likely to promote hate. It comes after New South Wales imposed tight restrictions on the Sydney protest against the visit of Israel's president Isaac Herzog.
British AG Richard Hermer on Gaza, Israel, Greenland, and upholding the rule of law; Political donations buy access
The Law Report speaks to Richard Hermer, attorney general for England and Wales, who was in Australia recently with a message centred on upholding the rule of law. And why do individuals and corporations donate to political parties?
How useful is AI in creating better legal outcomes and processes?
Can artificial intelligence reveal the assumptions judges make? Or help lawyers and litigants to identify appeal arguments?
What's in Australia's new hate crime and gun control laws?
In the wake of the Bondi mass shooting, the federal government has passed two significant pieces of legislation that it says are aimed at preventing future attacks.
When a natural disaster strikes, what are your legal rights?
In the aftermath of Victoria's catastrophic bushfires, we look at how communities attempt to rebuild their lives and homes. We also discuss navigating complex legal issues, including insurance, debts, tenancy rights, and fakes tradies or other scammers who prey on vulnerable people in the wake of natural disasters.
Defining death: ALRC examines laws around human tissue and organs
In Australia, 'what is death' and other legal definitions, such as what constitutes human tissue, have not kept up with advances in medical science. The Australian Law Reform Commission is conducting the first review of human tissue laws in nearly 50 years.
Race, language and the Law
An emoji, a protest placard and a tweet by a soccer fan have all led to criminal charges in Britain. The Law Report explores how language and cultural expression are used in the prosecution of non-white people for race hate offences.
How art is transforming the lives of First Nations prisoners
Can art change lives? The Confined 16 exhibition in Melbourne celebrated the works of First Nations artists who picked up the paint brush while they were in prison.
"What's in your drugs?": Pill testing at music events
Does pill testing save lives? The Law Report's Damien Carrick visits a pop-up service at a Melbourne music event where substances are checked, and staff talk to partygoers about reducing risk when using drugs.
Dezi Freeman and the sovereign citizens movement
This year saw a massive manhunt for alleged police shooter Dezi Freeman in Victoria's mountainous north east. In the past, the 56-year-old has been linked to the sovereign citizens movement. So, who are sovereign citizens? And what impact are they having on Australia's justice system?
What does Victoria's historic treaty mean for First Peoples?
What impact could Victoria's historic treaty have on policy, legislation and governance for the state's First Peoples?
US lawsuits allege ChatGPT encouraged suicides, harmed users' mental health
In the United States, there is increasing attention on young people's interactions with AI chatbots. OpenAI is being sued over allegations that its ChatGPT platform caused users to experience delusions and even encouraged some to take their own lives.
Countdown to Australia's social media ban
In two weeks' time, Australia's social media ban for children under 16 will come into force. How will it work? Will it protect kids from online harm? And could they find ways around the restrictions?
How legally tight are prenuptial agreements?
Are prenuptial agreements always legally watertight? Or can they be tossed out by the courts? The High Court recently handed down a decision that focused on a poorly drafted prenup and to what extent the disgruntled client could sue the lawyers who drafted the leaky document.
Whitlam dismissal 50 years on
November 11 marks the 50th anniversary of the dismissal of Prime Minister Gough Whitlam by Governor-General Sir John Kerr — an event that exposed and tested the architecture of Australia's constitution.
Fifty years of the Australian Law Reform Commission
The Australian Law Reform Commission is celebrating its 50th anniversary. The Law Report's Damien Carrick hosted an event in Melbourne to mark its half century.
Do we have a right to free speech in Australia?
The implied freedom of political communication has been at the centre of several recent high-profile court decisions. The Law Report asks: do Australians have a constitutional right to freedom of speech? And what form does it take?
FOI reform and government transparency; Prosecuting the spread of deepfakes online
The Federal Government says it wants to reform the Freedom of Information system - what's in the proposed changes? And is the law keeping up with the growing number of pornographic deepfake images of young people being shared online?
High Court lets police access evidence from encrypted app used in global raids
The High Court has unanimously upheld the use of police evidence obtained by monitoring an encrypted messaging app used by organised criminals. The decision is a huge victory for policing, but does it raise questions about the breadth of Australia's surveillance laws?
If a self-driving car crashes, who is liable?
As driver assistance technology become more prevalent, a persistent question remains: who is liable in the event of an accident? And looking into a future where fully driverless cars take to Australian roads: what new laws will we need?
How should wrongful convictions be compensated?
Queensland man Terry Irving was recently awarded $130,000 in damages for a malicious prosecution over 30 years ago. The Law Report looks at compensation for wrongful convictions in Australia and asks: do we need a better system?
Is Australia fulfilling its legal duty to act on climate change? And High Court orders return of Bolivian artefact
How does the recent advisory opinion handed down by the International Court of Justice shape discussions around climate change at the United Nations? And do Pacific island nations – among the most vulnerable to the impacts of global warming – believe Australia is doing enough to combat climate change?
Fifty years of PNG's independence constitution
Papua New Guinea is celebrating 50 years of independence from Australia. Among the country's historic achievements is the national constitution, created in the 1970s using a groundbreaking process of public consultations across PNG. Five decades on, how well has PNG's constitution served its people?
Erin Patterson mushroom murder sentence explained
"Your failure to exhibit any remorse pours salt into all the victims' wounds," said Judge Christopher Beale in sentencing Erin Patterson to life in prison, with a non-parole period of 33 years, for the murder of her elderly in-laws.
Dezi Freeman and 'sovereign citizens'
A massive manhunt for alleged police shooter Dezi Freeman is continuing in Victoria's mountainous north east. The 56-year-old, who is accused of killing two police officers, has expressed ideas linked to the 'sovereign citizen' movement. Who are sovereign citizens? And what impact are they having on Australia's justice system?
Law Report Special: Linda Reynolds wins defamation battle against Brittany Higgins
Former Coalition Federal Minister Linda Reynolds has won her defamation case against former parliamentary staffer Brittany Higgins.It has been widely reported that both parties literally put their houses on the line to fund their legal campaigns and today, almost a year after the trial wrapped, Justice Paul Tottle of the WA Supreme Court ordered that Brittany Higgins pay Linda Re
Will 'post and boast' laws stop offenders bragging on social media? Australia tightens vaping regulations
Victoria is the latest jurisdiction to adopt laws that punish offenders who brag about their crimes on social media, as Western Australia considers a similar bill to increase the maximum prison sentence. Critics fear the legislation could stifle free speech and lead to a rise in youth incarceration. And Australian regulations around electronic cigarettes are being tightened - are
Nine's victory in Al Muderis defamation case; Legal fight over 'Never Get Busted' director credit
The Nine Network's Federal Court victory over high-profile surgeon Munjed Al Muderis marks the first time a media organisation has defended a defamation case on public interest grounds. And two people who claim to have directed a documentary being screened at the Melbourne International Film Festival are at the centre of an unusual legal fight.
Record damages in Mad Mex sexual harassment case; Reviewing the legal definition of terrorism
The Federal Court has awarded a record $305,000 in damages to a young woman who was sexually harassed by her employer at a Sydney fast food restaurant. And is it time to change how Australian law defines terrorism?
Legal conditions for Palestinian statehood; Electronic wills after Covid
As more countries move towards formal recognition of a Palestinian state, the Law Report examines the conditions for statehood under international law. And what are the risks, benefits and opportunities presented by electronic wills?
Federal Court says Australian women can sue Qatar Airways over airport body searches
The Law Report speaks to one of the Australian women who won the right to sue Qatar Airways after being subjected to invasive searches at a Doha airport in 2020. And what does the International Court of Justice say about Australia's responsibility to combat climate change?
ICJ to deliver climate advisory opinion; Denmark's plan to let citizens copyright their face and voice
As the International Court of Justice prepares to deliver a long-awaited climate advisory opinion, the Law Report explores the Federal Court ruling that Australia's government does not have a legal responsibility to protect Torres Strait islands from the impacts of climate change. And Denmark is planning to give citizens copyright protection over their face and voice.
Defining death: ALRC examines laws around human tissue and organs
In Australia, 'what is death' and other legal definitions, such as what constitutes human tissue, have not kept up with advances in medical science and technology.
AI and automated decision making in government
Robodebt has shown that relying on automated decision making tools can be disastrous. What checks and balances could be developed to guide the safe and ethical use of AI in government operations, policy making and service delivery?
Law Report Special: Erin Patterson found guilty in triple mushroom murder
After seven days of deliberation, a jury has found Erin Patterson guilty of murder and attempted murder. The 50-year-old woman was found to have deliberately poisoned four members of her estranged husband's family by serving them a meal containing poisonous wild mushrooms two years ago. The trial in the Victorian Supreme Court in Morwell, outside of Melbourne, ran for more than t
What happens inside the jury room?
The jury in mushroom cook Erin Patterson’s triple murder trial has retired to deliberate the verdict, guilty or not guilty. But what happens in there behind closed doors? When they retire to the deliberation room, should they leave all of their personal beliefs and prejudices at the door? And is this even possible? How does it work? In this episode from our special series Inside
Could a landmark US Supreme Court ruling expand Trump's powers?
US President Donald Trump has praised a landmark Supreme Court ruling that struck down 'universal injunctions' issued by lower court judges, made in response to his executive order on birthright citizenship. What are the implications for numerous Trump administration policies blocked by court injunctions? And for the legal boundaries of presidential power?
Law Report Special: Antoinette Lattouf v ABC
The Federal Court has ruled that the ABC wrongfully dismissed journalist Antoinette Lattouf for reasons including that she "held a political opinion opposing the Israeli military campaign in Gaza." In this special episode, the Law Report looks at what the verdict means for the ABC, and employers and employees more generally.
'Pseudolaw' in the courts: Can you pay a legal debt with an IOU?
Warren Tredrea, a prominent Adelaide football personality who unsuccessfully sued Channel 9 for unfair dismissal, has argued in court that his legal debt to the media organisation was settled with a written IOU note. Is this an example of 'pseudolaw'? And how do pseudolegal arguments impact on the courts' work?
NSW flood insurance crisis; Marking 50 years of Australia's Racial Discrimination Act
Huge property loss is upending the lives of communities in flood-hit parts of New South Wales — what's happening to the rise in insurance claims in areas prone to flooding? And a look back at 50 years of the Australian Racial Discrimination Act.
How art is transforming the lives of First Nations prisoners
Can art change lives? Confined 16 is an exhibition in Melbourne of First Nations artists who picked up the paint brush while they were in prison.
The case for stronger whistleblower protections in Australia
The return of high-profile whistleblowing cases to court has renewed calls for legislative reform in Australia to better protect, provide oversight and support to, those who expose wrongdoing in the public and private sectors.
The mushroom murder trial; Tasmanian supermarket sued for banning entry to 'therapy alpaca'
A Victorian woman is on trial accused of poisoning her lunch guests by serving them a meal laced with death cap mushrooms. And a Tasmanian couple banned from taking their alpaca into a supermarket is accusing the store of disability discrimination.
"What's in your drugs?": Pill testing at music events
Does pill testing save lives? Damien Carrick visits a pop-up service at a Melbourne music event where substances are checked, and staff talk to partygoers about reducing risk when using drugs.
Queensland reviews strangulation offence
In 2016, Queensland was the first Australian jurisdiction create a stand-alone offence of non-fatal strangulation. Since then, every other state and territory has followed its lead - most recently Victoria. Almost a decade on, the Queensland Law Reform Commission is conducting an inquiry into the offence.
