Law Report

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.

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. 

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? 

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.