Law Report

Can you sue your Judge? "Mr Stradford", a father of two, has been awarded $300,000 in damages in recognition of the significant distress he experienced after he was wrongfully jailed by Federal Circuit Court Judge Salvatore Vasta.

If you knew that something illegal, dangerous, negligent or corrupt was happening in your workplace – what would you do? Who would you turn to for advice? A new report from the Human Rights Law Centre has found that there has not been a successful case brought by a whistleblower under the federal laws designed to protect employees speaking out about wrongdoing. They’ve now launched a new legal service to give  whistleblowers the support they need to navigate these laws.This week, we also look at the case of Bill Spedding, who will receive $1.8 million in damages for malicious prosecution. In dismissing an appeal by the State of NSW, three judges of the Supreme Court described what happened to the tradesman as the worst case of false and concocted allegations by police – they had ever seen. 

In recent years, a number of jurisdictions around Australia have introduced Vulnerable Witness Intermediary Services. These services assist complainants such as children and those with intellectual and cognitive disabilities to give evidence in court or answer questions in police interviews. While this service in Australia is currently only offered to complainants, the ACT will follow in the steps of Northern Ireland and extend its Vulnerable Witness Intermediary Service to defendants.  

Grassroots meetings in Far North Queensland aim to build support for the Indigenous Voice referendum. The podcast discusses concerns, division, and the aim to bring Indigenous and non-Indigenous people together. The funding issue in Aboriginal communities due to administrative costs is explored. The importance of Indigenous representation in parliament and controversy surrounding the leaked report on the Brittany Higgins case are also discussed.

This podcast explores the legal consequences of using emojis in communication, covering topics such as securities fraud, defamation, harassment, and threatening violence. It discusses specific cases where emojis have had legal implications, including forming a binding contract and being evidence of threats or defamation. The podcast highlights the ambiguity of emoji meanings and advises caution in using them.

The podcast discusses the shortage of interpreters in Australian courts, impacting access to justice for migrant and refugee communities. It highlights the challenges faced by the legal system, including unavailability of interpreters and reliance on uncertified interpreters. The accuracy and adherence to national standards are also explored, along with the variability in implementing these standards. The podcast emphasizes the denial of access to justice and potential miscarriages of justice due to interpreter shortages, suggesting the need for more interpreters and incorporating translation services.

The podcast explores the critical shortage of Indigenous interpreters in the Northern Territory's justice system and its impact on the over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system. It discusses the challenges faced by interpreters, the consequences of the lack of language proficiency in the legal system, and the difficulties in finding interpreters for young people in detention. The podcast also highlights the harmful consequences faced by Aboriginal women in domestic violence situations and the ongoing issue of interpreter shortage in the Australian justice system.

This episode revisits the historic Federal Court decision to confirm native title over more than 40,000 square kilometres of sea country in the Torres Strait region last year. For the first time the claim brought together Aboriginal and Torres Strait Islander Australians to achieve joint native title outcomes. Traditional singing provided crucial evidence in the proceedings. Damien Carrick travelled to Waibene, or Thursday Island, to attend the outdoor sitting and to speak with traditional owners. (This program first aired in December 2022)

The Robodebt royal commission has made damning findings about government ministers and public servants who created and administered the automated debt recovery scheme from Centrelink recipients. And why is the technology company that created ChatGPT being sued in US courts? 

The National Anti-Corruption Commission commences operation this week. And a New Zealand researcher investigates how jurors respond to evidence in sexual violence cases. (Warning: the conversation discusses sexual violence and child abuse)