Law Report

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highlights the implications for surveillance laws in Australia, including privacy concerns and questions around the outdated Telecommunications Act.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.

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?

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?

Vishal Prasad, Campaign Director for Pacific Islands Students Fighting Climate Change, discusses the implications of the recent ICJ advisory opinion on climate change and Australia's climate action efforts. He critiques Australia’s 2035 Nationally Determined Contribution and emphasizes the need for stronger commitments. Donna Yates, a criminologist and expert in trafficked cultural objects, dives into the High Court's ruling on the return of a Bolivian Tiwanaku artefact, shedding light on its provenance and the impacts of the antiquities trade.

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?