Law Report

Narita Waite, a Yorta Yorta lawyer and CEO of the Victorian Aboriginal Legal Service, discusses the treaty's promise for self-determination and its influence on governance. Tim Goodwin highlights the innovative design of the treaty as the first modern Australian treaty. Harry Hobbs emphasizes its significance for settler Australians as a path to coexisting and acknowledging Indigenous history. Jeremy Webber draws parallels with Canadian treaties, exploring lessons for future agreements. Together, they examine the treaty's potential to reshape policy and community engagement.

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.

John Payne, Chair of Electronic Frontiers Australia and a digital rights advocate, discusses Australia's looming social media ban for children under 16. He dives into the mechanisms platforms will use to verify ages and the potential risks of biometric checks, particularly for marginalized groups. Payne also points out that while the ban aims to reduce online harm, kids may find ways to circumvent it, like using VPNs. He advocates for a digital duty of care and stronger privacy laws to address the deeper issues behind online safety.

Jackie Campbell, a family law partner at Forte Family Lawyers, and Miranda Kay, an Associate Professor at UTS, dive into the intricacies of prenuptial agreements. They discuss the recent High Court decision that showcases how poorly drafted prenups can be invalidated. Power imbalances in negotiations often leave the less wealthy party at a disadvantage. The guests explore when prenups are beneficial, particularly for second marriages, and highlight the importance of protecting parental roles to maintain harmony. They also touch on the legal repercussions for lawyers involved in such agreements.

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.

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.

Associate Professor Daniel Joyce, an expert in constitutional law at UNSW, and Professor Luke McNamara, a specialist in criminal law and civil liberties, delve into the nuances of free speech in Australia. They discuss the absence of a constitutional right to free speech and the implications of the implied freedom of political communication. Notably, the potential effects of upcoming laws on protests and social media are explored, alongside the delicate balance between free expression and necessary legal limitations. Their insights shed light on Australia's complex legal landscape.

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?

Associate Professor Rebecca Ananian-Welsh, an expert in national security law, dives into the High Court's landmark ruling permitting police access to evidence from the Anom encrypted app. She reveals the app's unique features designed for criminals and the FBI's role in its development. The discussion highlights the implications for surveillance laws in Australia, including privacy concerns and questions around the outdated Telecommunications Act. Ananian-Welsh calls for stronger judicial oversight amid growing powers for law enforcement.

Brian Walker-Smith, a lawyer and engineer specializing in automated driving law, joins Michael Hopkins, CEO of the National Transport Commission. They dive into the complexities of liability in accidents involving driver assistance technologies. Brian clarifies the SAE automation scale and discusses recent Tesla litigation trends, while Michael outlines Australia's evolving laws for autonomous vehicles. The conversation highlights who bears responsibility in crashes and the future of transport regulations as driverless cars become a reality.