Law Report

The Kimberley Land Council is being approached by several native title groups keen to follow in the footsteps of Western Australia's Karajarri people, who have achieved a legal first.

The Law Report looks at the legal fallout from the devastating fires across Los Angeles. And who can be held liable for catastrophic bushfire damage in Australia?

Cameron Stewart, a University of Sydney Law Professor, and James Cameron, an Honorary Research Fellow at the University of Melbourne Law School, dive into the complex realm of children's medical consent. They dissect a pivotal NSW case revealing the clash between parental beliefs and child welfare. The discussion highlights ethical dilemmas around religious objections to medical treatments, particularly blood transfusions, and reflects on the erosion of trust in children's healthcare settings. They advocate for transparency in navigating these sensitive legal waters.

How are NDAs used by lawyers in the settlement of sexual harassment claims? 

Join Andrew Bell, the Chief Justice of New South Wales, as he unpacks the rich history of the NSW Supreme Court, which celebrates its 200th anniversary. He delves into the court's evolution from military rule to a structured legal system. The conversation covers the Mile Creek Massacre, where justice for Indigenous victims was pursued amidst societal resistance. Additionally, Bell discusses challenges in evidence during murder trials and the establishment of the Judicial Commission, highlighting the importance of accountability in the judiciary.

Justice Joe Williams, the first Māori member of New Zealand's Supreme Court, shares his unique insights on the integration of Māori concepts into the country's legal system. He reflects on his personal journey of embracing his cultural identity and the impact of the Treaty of Waitangi. Williams discusses the evolving relationship between tikanga and New Zealand law, highlighting how Māori customs are being incorporated into legislation. He also touches on notable cases that showcase these principles, emphasizing their role in alternative dispute resolution and legal education.

Carly Schriever, a lawyer and empirical psychologist, dives into her groundbreaking research on the psychological health of judges. She reveals how magistrates experience higher stress and burnout due to limited autonomy compared to higher court judges. The podcast discusses the intense emotional toll of heavy workloads, particularly in sensitive cases like family violence, and the stigma surrounding mental health in the judiciary. Schriever emphasizes the critical need for systemic changes and supportive initiatives to prioritize the wellbeing of judicial officers.

Veteran crime reporter John Silvester talks to Damien Carrick about some of the big developments in the criminal justice space in recent weeks.

It's the Australian trial verdict that attracted worldwide attention. 

Gabrielle Appleby, an expert in judicial independence, and Marilyn McMahon, Dean of Law and a specialist in coercive control laws, dive into the fallout from Tasmanian Supreme Court Justice Gregory Geason's conviction for assault and emotional abuse. They discuss the delicate balance between judicial accountability and independence, calling for reforms to boost public trust. The conversation also addresses the rising prevalence of emotional abuse, the legal challenges of coercive control, and the need for dedicated offenses to better protect victims.