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Law Report 2011-08-09

Canberra v Big Tobacco Canberra and Big Tobacco are at war over plain packaging of cigarettes. Proceeds of crime legislation Federal prosecutors are trying to seize the profits from his autobiograghy. Guantanamo My Journey which has, since October last year, sold 30,000 copies.

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Law Report 2011-08-02

Justice Kevin Duggan Last week Justice Kevin Duggan stepped down from the Supreme Court of South Australia.

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Law Report 2011-07-26

Planning processes and houses of worship Have you ever tried obtaining planning approval to build or renovate a house? It's not easy is it!

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Law Report 2011-07-19

Ponki mediation Ponki: the word means 'welcome' in the language of the Tiwi islands. It also means 'peace' or 'it's finished', and the spoken word is often accompanied by a hand gesture, waving the hand away from the body.

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Law Report 2011-07-12

Indigenous incarceration: jumping off the treadmill Indigenous incarceration: the figures are shocking. But what can we do about it?

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Law Report 2011-07-05

Bankruptcy Bankruptcy, it's how creditors recover money from insolvent borrowers. But is it too easy to obtain?

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Law Report 2011-06-28

Honest to goodness Honest to goodness - it´s a quaint, old fashioned expression. But these innocuous words are centre-stage in a serious trademark dispute between a small family-run business and a supermarket giant. Injunction prevents non lawyer from providing legal advice Queenslander David John Walter has just been ordered to stop helping people with their court cases. After running the same unsuccessful argument in 10 matters, the courts have said enough, no more!

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Law Report 2011-06-21

Fremantle prison Come on a tour of one of Australia´s most extraordinary buildings: Fremantle prison.

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Law Report 2011-06-14

The WA Supreme Court turns 150 The WA Supreme Court is celebrating its 150th birthday.

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Law Report 2011-06-07

Fair Work Ombudsman v Kentwood Industries Five Chinese construction workers were paid $3 an hour over periods of between nine and fourteen months. They worked six days a week, lived in cramped conditions and when investigators started asking questions, they were told by their employer to lie about their pay and conditions. Law and order on both sides of the Murray Traditionally NSW is considered a tough-on-crime, throw-away-the-key type of place, while Victoria has a reputation as a softer ...

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Law Report 2011-05-31

The right of prisoners to speak out Should prisoners and those on parole be able to speak to the media? Convicted riot leader Lex Wotton is going to the High Court to argue that his strict parole conditions infringe his constitutional rights. Billable units When you hire a lawyer your bill goes up every time he or she spends six minutes looking at your file. A new report looks at the impact of this billing system and its connection to the prevalence of depression among lawyers. Cameras in ...

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Law Report 2011-05-24

The view from WA Traditionally Australian lawyers have been organised and regulated at a state and territory level. But a national profession is coming soon...well not everywhere. SA and WA are not jumping on board.

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Law Report 2011-05-17

Copyright and the courts There's an on-going courtroom war between copyright holders and those who believe everyone should be able to download anything they want for free.

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Law Report 2011-05-10

Should expert witnesses and barristers be safe from being sued? The UK has just overturned a 400-year-old legal doctrine. The Supreme Court has ruled that if an expert witness in a court case stuffs up, they can be sued.

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Law Report 2011-05-03

Decision making: law makers and law breakers Imagine if your freedom depended on what a judge ate for breakfast? Sounds like a Kafka-esque nightmare? Fraid not! New research out of Israel has found that whether or not a judge grants parole is heavily connected to how close the case is heard to a break. Immediately after breakfast, morning tea and lunch, prisoners have a good chance of getting out, but as time drags and tummies gurgle the odds of freedom lengthen.

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Law Report 2011-04-26

Macarena Gelman This week - the extraordinary story of Macarena Gelman, a young Uruguayan woman whose parents were killed by a military junta. As an infant Macarena was then given to a family close to the regime..... and for the next 20 years she did know her true identity.

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Law Report 2011-04-19

Twenty years on from Aboriginal Deaths in Custody report It's been 20 years since the Royal Commission into Aboriginal Deaths in Custody. Fewer aboriginal people are dying in lock-ups and prisons, but more are in jail. And the situation for the next generation is dire. In our juvenile detention centres more than half the kids are indigenous. What are the solutions and will the next 20 years be any better?

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Law Report 2011-04-12

Virtual courts and the technological revolution How far should our court system go in embracing new technology while still ensuring justice is being served?

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Law Report 2011-04-05

Lawyers and depression Why are lawyers more susceptible to depression than any other professionals?

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Law Report 2011-03-29

Brandjacking on social networks The case of the fake Facebook site of a footwear company that conned women into sending in photos for a bogus modelling competition.

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Law Report 2011-03-22

Marlon Noble Marlon Noble is an intellectually disabled Aboriginal man who has spent the last 10 years in a WA prison. Baby D In a groundbreaking decision the Family Court, for the first time, spells out what parents can decide when faced with difficult treatment decisions for an ailing, severely disabled infant.

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Law Report 2011-03-15

Remembering the Birmingham Six, the Guildford Four and the Maguire Seven It´s the 20th anniversary of the release of the Birmingham Six.

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Law Report 2011-03-08 - UPDATED

International Women's Day This Tuesday marks the 100th anniversary of International Women´s Day. In light of that, here´s a quiz.

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Law Report 2011-03-01

Vulture funds Recently, a Sydney court ruled in favour of NY based company FG Hemisphere Associates. It buys the debts of desperately poor countries for a pittance and then fronts up to courts all around the world seeking to enforce the full amount of the debt plus interest. WIPO director-general Francis Gurry: protecting copyright The Full Court of the Federal Court recently ruled that internet service provider iiNet is not liable for illegal downloads by its subscribers.

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Law Report 2011-02-22

Prisons and information: flowing in, flowing out Should prisoners be allowed to have computers in their cells? What about internet access?

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Law Report 2011-02-15

The courts and the media Courts are in the business of conducting fair trials, while the media is in the business of getting stories out to the general public, fast.

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Law Report 2011-02-08

The trial of Leon Borthwick: Part 3 Part three of a special documentary series on the trial of Leon Borthwick -- the man found guilty of the manslaughter of Mark Zimmer.

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Law Report 2011-02-01

The trial of Leon Borthwick: Part 2 Victims of crime: what do they make of criminal trials?

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Law Report 2011-01-25

The trial of Leon Borthwick: Part 1 On 16 November 2008, teenager Mark Zimmer was run over by Leon Borthwick. Mark died at the scene and Leon was charged with murder. Two years later, Leon was sentenced to seven and a half years for manslaughter.

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Law Report 2011-01-18

The strange alchemy of life and law Have you ever imagined what it would be like to be a judge?

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Law Report 2011-01-11

Peremptory challenges Each year about 170,000 Australian are summoned for jury duty. They arrive at court ready to take their place in the jury box. But for quite a few that's as far as they get, because at that point barristers give all the potential jurors 'the once over'. And if a barrister doesn´t like the look of you, you´re out on your ear.

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Law Report 2011-01-04

Breaking the cycle For years Bethlehem House, a homeless men's shelter in Hobart, was the first port of call for many released prisoners. But without life skills or support, a big percentage soon reverted to crime.

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Law Report 2010-12-28

The Chamberlain case: the lessons learned Thirty years ago, on 17th of August 1980, nine-week-old baby Azaria went missing at Ayres Rock.

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Law Report 2010-12-21

Mahatma Gandhi: from lawyer to national liberator With Christmas almost upon us, it's an opportunity to think about how faith, hope and strength can come in its many different forms.

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Law Report 2010-12-14

Julian Assange A London court is about to hear arguments on whether or not to extradite him to Sweden to face questions over alleged sexual misconduct. Bio-piracy The Kakadu plum controversy. A US cosmetics company is seeking a patent over an extract from a plant that has been used for thousands of years by Indigenous communities in Australia. And as we hear, this is not the first case of this kind. EXTRA AUDIO: Sharon Venne Sharon Venne a Cree woman from Canada who was also in Australia ...

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Law Report 2010-12-07

Medical research Human guinea pigs: balancing the risks and benefits of participating in medical research.

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Law Report 2010-11-30

Forced marriage Forced marriage: do we need specific laws to protect vulnerable women and children? And what are we doing right now to protect people from being sent overseas to a future they don´t want? Presidential pardons in the USA In the USA the annual presidential pardon of a Thanksgiving turkey has focused attention on another much more serious presidential power. US presidents have an unfettered right to pardon any federal offender. It´s a controversial power, and one President O ...

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Law Report 2010-11-23

M61 and M69 The High Court recently blow a big hole in the federal government's offshore asylum-seeker processing scheme. Bail laws in NSW Is the NSW bail system too tough or too weak? Are the accused locked up when they needn´t be? And will a new Act get the balance right?

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Law Report 2010-11-16

South Australia v Totani Outlaw bikie gangs score a big legal win against the SA government. The High Court strikes down laws which prevent gang members from associating with each other. The Queen v Nguyen The case of three men who burst into a flat - one was wielding a sword, another a gun.

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Law Report 2010-11-09

The perils of investigative reporting A conversation with veteran journalists Chris Masters and Paul Barry on the legal perils of investigative reporting.

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Law Report 2010-11-02

The defence of provocation Queensland man Andrew Murray Pollock killed his father back in 2004. The High Court recently quashed his murder conviction and sent him back for what will be a third trial.

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Law Report 2010-10-26

Where there's a will, there's a way Many Indigenous Australians don´t have wills. Partly it´s because a lot of people in remote communities live outside the mainstream economy. But of course when it comes to art production these communities are centre stage and some of the artists are highly successful both artistically and commercially.

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Law Report 2010-10-19

Compulsory land acquisition We think of our home as our castle. But if government wants to build a road, a railway line, a desalination plant or anything else, they can take your home, there´s no question!

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Law Report 2010-10-12

Crime statistics and the trouble with knives In the past 18 months, Victoria has passed strong stop and search laws - strengthening them recently with amendments - to combat the problem of knife crimes. South Australia and Western Australia are also drafting legislation to tackle the knife problem.

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Law Report 2010-10-05

Wild Rivers Last week Tony Abbott announced his intention to introduce a private members's bill that would quash Qld´s controversial Wild Rivers legislation. Meanwhile the ALP has announced that a House of Reps Committee will examine the all aspects of the Queensland law.

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Law Report 2010-09-28

The Dianne Brimble Case eight years on Hours after Dianne Brimble a boarded a cruise ship she died in the cabin of a man she'd just met. An autotopsy revealed high levels of alcohol and the presence of the drug GHB in her blood stream.

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Law Report 2010-09-21

Australia's complex and conflicting inheritance laws Australia has a patchwork of different, and conflicting, succession laws. You´d think 110 years after federation, we´d have the same laws governing wills, family provision and intestacy.

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Law Report 2010-09-14

The strange alchemy of life and law Have you ever imagined what it would be like to be a judge?

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Law Report 2010-09-07

Land clearing litigation Meet Peter Spencer, the NSW farmer who says that restrictive land clearing laws amount to the government seizing his property without compensation. Up-skilling judges Meet Justice Robyn Layton, the retiring South Australian Supreme Court judge who spends a lot of her time helping to train her fellow judges.

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Law Report 2010-08-31

Wearing a niqab in the witness box We examine the case of the Perth Muslim woman who wants to keep her face covered when she gives evidence in an upcoming court case.

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Law Report 2010-08-24

The trial of Comrade Duch Last month a court in Cambodia handed down its ruling in the trial of Comrade Duch, the Khmer Rouge jailer responsible for 14,000 deaths.

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Law Report 2010-08-17

The Chamberlain case: the lessons learnt It's 30 years since nine-week-old baby Azaria went missing at Ayres Rock.

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Law Report 2010-08-10

The right to vote One hundred thousand extra Australians will get to vote at the upcoming election following a ruling by the High Court. A majority of judges found that the federal electoral roll should have stayed open for seven days after the election was called. Indigenous incarceration in WA One in every 12.5 Indigenous men in WA will spend tonight in prison. Why are the incarceration figures so astronomical?

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Law Report 2010-08-03

Breaking the cycle For years Bethlehem House, a homeless men's shelter in Hobart, was the first port of call for many released prisoners. But without life skills or support, a big percentage soon reverted to crime.

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Law Report 2010-03-30

Protecting privacy Meet Sara (not her real name). She´s seeking compensation for injuries sustained in a road accident. The insurer wants access to all her medical records, including those relating to an unconnected sexual assault.

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Law Report 2010-03-23

The intriguing case of Vera Momcilovic Vera Momcilovic, a 40-something Melbourne lawyer, lived with a drug trafficker. Police burst into her apartment and found 400 grams of methylamphetamine in the fridge.

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Law Report 2010-03-16

Relocation following divorce The High Court case of the family that relocated from Sydney to Mt Isa for Dad´s work. About eight months later the parents separated. Dad wanted to stay in Mt Isa. Mum -- unemployed and living in a caravan park -- desperately wanted to return to Sydney. The case of Graeme Kirk Graeme Kirk was convicted of failing to provide a safe workplace under NSW OHS legislation following the death of his employee. Kirk hired an experienced farm manager to manage his hobb ...

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Law Report 2010-03-09

Mahatma Gandhi: from lawyer to national liberator This week marks the anniversary of a pivotal turning point in the struggle for Indian independence.

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Law Report 2010-03-02

Chief Justice of the Federal Court Michael Black steps down 'A waste of public resources bordering on the scandalous.' That´s the way one frustrated judge (a few years back) described a massive legal battle between two giant corporations which involved 120 court hearing days and $200 million in legal costs. This week on the Law Report meet Michael Black, the retiring Chief Justice of the Federal Court. Find out how his court has tried to rein in out-of-control litigation.

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Law Report 2010-02-23

Unauthorised sequels The US book industry is eagerly awaiting an appeal court decision involving an unauthorised sequel of the classic novel The Catcher in the Rye written by the recently deceased author JD Salinger. The litigation deals with the question of whether or not you can have copyright in a character. The crime gene Next time you commit a crime, rather than blame your parents, your socio-economic disadvantage, or your mental state, try pinning responsibility on your DNA! Convi ...

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Law Report 2010-02-16

Arson Who lights fires and why? Meet a psychologist who has traveled to prisons across Australia and spoken at length to convicted offenders. She interviewed 90 arsonists—40 serial offenders and 50 one-off offenders.

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Law Report 2010-02-09

A Byron Bay beach barney Meet Byron Bay resident John Vaughan. He´s just won a victory against his local council, which tried to prevent him from fixing a council-built sea wall following a heavy storm. The dispute involved a clash between the council's policy of planned retreat in the face of advancing waves and its obligations under a council-approved Development Consent. The iiNet court decision Hollywood´s heavyweights flunk in their bid to hold a Perth-based internet service provide ...

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Law Report 2010-02-02

Trademark Disputes Logos, designs, shapes and colours are hugely important in influencing shoppers to buy one product over another.

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Law Report 2010-01-26

The case of Dion Robert Taiapa What would you do if a thug burst into your home, stuck a gun to your head and demanded you become a drug mule? Patent pools Millions of HIV positive people in the developing world do not have access to life saving medications...and those that do have access can afford only older, dated medications. Supporters say a new legal model - a Patent Pool - could transform drug production and help millions of people. Who owns water? In December the High Court handed ...

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Law Report 2010-01-19

Art, law, and the Yolngu people of East Arnhem Land In 2008 the High Court handed down the Blue Mud Bay decision, which gave exclusive fishing rights in the inter-tidal zone to Northern Territory Indigenous people.

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Law Report 2010-01-12

Litigation American style Why is the USA such a litigious society? How did the country end up with such an overdeveloped (and some would say distorted) civil litigation culture?

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Law Report 2010-01-05

Queensland's child protection system Four years ago, a young mother became a crucial witness in a triple murder case. She was also raped by two of the murderers. A week later, Queensland´s Department of Child Safety deemed this woman 'an unfit mother' because her two-year-old son was with her at the time of the crimes.

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Law Report 2009-12-29

Collaborative law Rather than commence proceedings in the Family Court, some lawyers are encouraging clients to sit down with their ex-spouse and say 'let's resolve our differences without litigation.' And if the talks fall over, their lawyers have to walk away and hand the client on to another legal eagle.

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Law Report 2009-12-22

Animal rights Our attitude to animals is contradictory. Many of us share our homes with pets, yet most of us eat meat. The law at least is consistent: animals are property, nothing more.

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Law Report 2009-12-15

The case of Harry Kakavas High Roller Gambling -- it's a world of corporate jets, luxury accommodation and gift boxes full of cash. For gamblers it's an exhilarating roller-coaster ride.

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Law Report 2009-12-08

David Weisbrot steps down as head of Australian Law Reform Commission Law Reform Commissions -- do we really need them? If governments want to change the law, why can´t they work out what they want by themselves? Do law reform commissions provide governments with camouflage, allowing them to further their political agendas with a veneer of impartiality?

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Law Report 2009-12-01

Globalising justice This week marks the 25th anniversary of the Bhopal disaster: thousands died when a poisonous cloud escaped from an American owned chemical plant.

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Law Report 2009-11-24

Beliefs protected by UK anti-discrimination law Everyone knows you can´t sack somebody because of their religion...but what about a strongly held belief? In the UK, a disgruntled employee claims he was dismissed because of his concerns about climate change. And a Manchester police trainer is in court claiming he was unfairly sacked because he believes in the power of psychics and their ability to help solve crimes. The liabilities of licensed premises Two decisions of the High Court look ...

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Law Report 2009-11-17

Religion and the law Should religious schools, charities, hospitals and other organisations have to comply with anti-discrimination law? If these organisations want to employ only those who share their values, is this really a problem?

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Law Report 2009-11-10

Libel tourism UK blogger Bruce Everiss is being sued for defamation by a US registered company named Evony. Now where do you think Evony have commenced their litigation? The USA? No. The UK? No.

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Law Report 2009-11-03

Problem Solving Courts: Part 2 Visit the Dandenong Drug Court. Meet the presiding magistrate, the defence lawyer and some of the offenders who are hoping to kick their habits, stop committing crime and avoid a jail sentence.

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Law Report 2009-10-27

Problem-solving courts: Part 1 of 2, the US experience A new style of justice, problem-solving courts, addressing the causes of criminal activity, be they drugs, alcohol, or even serving in a war.

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Law Report 2009-10-20

Freedom of Information The media complain that FOI legislation is weighed way too heavily in favour of government and commercial interests.

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Law Report 2009-10-13

Legal actions by Queensland survivors of child sexual assault Survivors of child sexual abuse have a difficult time fighting for compensation. But just how difficult a time depends on where they live.

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Law Report 2009-10-06

Judicial values When dispensing justice from the bench judges appear to be very measured and even-handed. Their professional role demands that they detach themselves from their personal views.

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Law Report 2009-09-29

Coercive powers Imagine you´re a police officer desperately searching for a kidnapped child. You know who committed the crime, but he´s not talking. Time is running out. So how far would you go to extract information? Would you physically threaten the suspect? Would you physically harm him? And should the evidence gained through these methods be admissible in a trial?

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Law Report 2009-09-22

Women's prisons part 2: on the outside Life can be tough on the inside for women prisoners but it can be just as tough on the outside. Two women talk about the struggle to build a new life after release from prison.

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Law Report 2009-09-15

Women's prisons We speak with three lawyer activists who fight for the rights of women prisoners.

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Law Report 2009-09-08

Inventions: who owns them? If you come up with a great invention, does it belong to you, or does it belong to your employer? Well that all depends on the fine print! Following a Federal Court decision, universities are scrambling to up-date their work contracts. Law and order in Afghanistan The Taliban are developing a new reputation: not just as agents of terrorism but as drug lords and agents of criminal activities including kidnapping, people trafficking and smuggling.

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Law Report 2009-09-01

Military justice The High Court strikes down the Australian Military Court, leaving the whole military justice system up in the air. Bringing Burma´s military rulers to account Inspired by the indictment of Sudan´s president, human rights activists are now turning their attention to Burma.

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Law Report 2009-08-25

Federal Intervention two years on; difficult cases in remote communities Two years on what do Indigenous people think of the Federal Intervention in the Northern Territory? And what do they think about more recent moves towards the mandatory reporting of both domestic violence and underage sex?

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Law Report 2009-08-18

Art, Law and the Yolngu people of East Arnhem Land Last year the High Court handed down the Blue Mud Bay decision, which gave exclusive fishing rights in the inter-tidal zone to Northern Territory Indigenous people.

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Law Report 2009-08-11

South Africa's Constitutional Court Meet Justice Yvonne Mokgoro, a judge on South Africa´s powerful Constitutional Court. In just 15 years the court has given capital punishment the chop, gay marriage the go ahead, and saved thousands of lives by demanding the handout of retroviral drugs to HIV-positive mums...

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Law Report 2009-08-04

Gene patents Should companies be able to patent genes?

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Law Report 2009-07-28

Smacking children, and citizen-initiated referendums Smacking Children — should it be legal? Our Kiwi cousins are about to vote on whether or not parents have the right to physically discipline their kids.

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Law Report 2009-07-21

UN police peace-keeping Policing is never easy even at the best of times. But policing in war zones and conflict zones is massively difficult.

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Law Report 2009-07-14

Lawyer drought A new study has found there´s a drought of lawyers in regional and remote Australia. And because of the age profile of country solicitors the situation is likely to get much worse.

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Law Report 2009-07-07

Litigation American style Why is the USA such a litigious society? How did the country end up with such an overdeveloped (and some would say distorted) civil litigation culture?

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Law Report 2009-06-30

The case of Shane Scott and the Tandara Motor Inn If you get very drunk at a pub, then hop on to your motobike and die in a road accident, should your family be able to sue the hotel and the publican?

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Law Report 2009-06-23

Lord Carlile: UK's independent reviewer of terrorism laws Lord Alex Carlile of Berriew is the UK's independent reviewer of terrorism laws. Regulating healthcare providers Beth Wilson is Victoria's health services commissioner. She keeps a watchful eye on the work and on the advertising of a wide range of healthcare providers.

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Law Report 2009-06-16

Ercan Tekin's treatments Meet Ercan Tekin, a disability pensioner who lives with cerebral palsy.

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Law Report 2009-06-09

Uniform defamation laws In 2006 uniform defamation laws were introduced across the country. No longer do publishers and broadcasters have to cut and paste their copy depending on the state.

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Law Report 2009-06-02

Cyber stalking and online libel A Melbourne woman has just been sentenced to a year's jail for harassing US singer Diana Degarmo.

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Law Report 2009-05-26

Animal rights Our attitude to animals is contradictory. Many of us share our homes with pets, yet most of us eat meat. The law at least is consistent: animals are property, nothing more.

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Law Report 2009-05-19

Holocaust denier Fredrick Toben Holocaust denier Fredrick Toben: free speech martyr or racist monster? Law and order in Fiji Since the latest coup in April there has been plenty of order but very little law. The courts are not functioning and this has left everyone—from crime suspects to business people—floating in a murky limbo and unable to assert their rights.

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Law Report 2009-05-12

Politics and religion in Family Law disputes To what extent will the courts prevent a parent from teaching/exposing/indoctrinating their child about their ideas or beliefs? Recently a mother was banned from exposing her child to neo-Nazi websites. Jailing parents who flout Family Court orders In contravention of court orders and without telling her ex spouse, a mum took her child and started a new life on the other side of Australia. Should she go to prison? A magistrate sentenced her to ...

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Law Report 2009-05-05

The Wildly Wealthy Women Millionaire Mentoring Program The High Court rules that a series of Today Tonight's stories on the get-rich-quick scheme amount to misleading and deceptive conduct. Ice TV The Ice TV decision of the High Court has turned copyright law upside down. It has pulled the intellectual property rug out from under anyone who has ever compiled a database, list or fixture. Hot tubbing Hot tubbing is the commonly used slang for concurrent evidence. It's where courts put multi ...

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Law Report 2009-04-28

Queensland abortion prosecution A young Queensland woman has been charged with procuring her own abortion after she allegedly ingested a drug imported from the Ukraine. Pro-choice activists say the charges make it very clear that Queensland's abortion laws need reform. Suicide and the police We look at the case of the widow who sued two Victorian police officers who didn´t apprehend her husband when they found him in his car contemplating suicide.

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