Law Report

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?

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?

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?

"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.

David Heilpern, Dean of Law at Southern Cross University and a former magistrate, dives into the dark world of the sovereign citizen movement. He discusses the tragic ramifications of Dezi Freeman's violent actions and how they expose the challenges the legal system faces with self-represented individuals. Heilpern highlights the bizarre beliefs of sovereign citizens, their claims of legal immunity, and the surge of misinformation exacerbated by recent events. The podcast underscores the urgent need for better legal education and strategies to combat these dangerous ideologies.

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 Reynolds $315,000 in damages and $26,000 in interest.The trial centred on three social media posts written by Brittany Higgins, four years after she alleges she was raped in parliament house by her then colleague Bruce Lehrmann.  The social media posts criticised her then boss Linda Reynolds.Defamation law expert Dr Jessica Lake joins host Damien Carrick to analyse why Higgins legal team defences of truth, fair comment and qualified privilege mostly failed and what this will mean for future defamation cases. To hear more in-depth expert coverage of the important legal stories and cases of the week search for The Law Report podcast on the ABC Listen app or wherever you get your podcasts.Guest: Defamation Law expert Dr Jessica Lake from Melbourne University Law School