Judge’s comments on rape trials ‘unfair’
A top criminal silk says it is unfair to suggest jurors may ‘find it hard to believe’ rape allegations, criticising sweeping assertions made by the head of the ACT Supreme Court.
Legal Affairs
Did Chief Justice really tell jurors to ‘believe all women’?
Did Lucy McCallum make these remarks because, deep down, she’d rather be an activist than a judge? This is a battle about fundamental legal principles that go to the core of our criminal justice system.
Chief judge puts culture wars on trial
Lucy McCallum says ‘culture wars’ could be causing the acquittal of accused rapists, declaring she does not understand why jurors ‘find it so hard to believe’ sexual assault allegations.
Shock rise in state Indigenous jail population
WA’s Aboriginal prison population was already the highest in Australia and has grown a whopping 17.4 per cent in the past year
Media ‘vital’ but mustn’t sway judges
Judges must refrain from bowing to ‘knee-jerk’ criticism that comes in the wake of unpopular decision-making, a Federal Court judge says.
Torture accused nanny launches 11th hour bid to dodge extradition
Chile has urged Australia to speed up the extradition of former Bondi nanny Adriana Rivas, who is accused of taking part in torture and murder under the Pinochet military dictatorship.
Time for a reckoning over Doyles Creek injustice
There is no getting around the reality that many of those in politics and the media went off on an ICAC-induced frolic over the Doyles Creek affair.
Judge who assaulted fiancee avoids jail
A judge found guilty of assaulting and emotionally abusing his fiancee has avoided jail, but a magistrate says Gregory Geason’s 30-year legal career ‘is at an end’.
New ASIC taskforce to simplify ‘legislative porridge’
ASIC chair Joe Longo has launched a simplification taskforce to untangle Australia’s complex web of regulations which hinder consumer justice and add compliance costs to business.
Objection, victims get unfair advantage: silks criticise rape law shift
A bill to stop rape complainants being cross-examined prior to trial has been eviscerated by leading criminal silks who say it tilts the scales of justice towards alleged victims and jeopardises a defendant’s right to a fair trial.
Scramble to avert detainee releases
The Albanese government is seeking to avert another wave of detainees using the NZYQ ruling to be released from immigration detention, in a High Court battle that could allow more foreign criminals to walk free.
Cbus’ sway on housing policy needs exposure
It’s clear Cbus, under the ownership of the disgraced CFMEU, has been a key adviser to this government in developing its housing policy. We should be told why.
Principals hail social media ‘age of consent’
‘Social media cesspit’: School principals have thrown their support behind a bipartisan plan to ban social media use by children younger than 16.
Don’t accept BHP, Brazil’s Samarco compo, says law firm
A class action law firm has told more than 600,000 claimants they shouldn’t sign on to a compo plan set up by BHP and the Brazilian government over the fatal Samarco dam collapse.
‘Vulnerable’ fugitive found in bed with parole officer had ‘highly complex’ needs
The young offender allegedly found in a hotel room with a parole officer appointed to him by NAAJA was subject to emotional and physical abuse as a child, court documents reveal.
ESSSuper sues Iress over alleged breaches
Super fund says it had ‘no alternative’ but to push ahead with legal proceedings.
Public ‘not entitled to juicy court details’
The chief justice of the Federal Court has declared ‘open justice is not open slather’ and the media is not automatically entitled to access the ‘juicy’ details of cases to satisfy public curiosity.
MP caught in cannabis test says ‘no harm’ in odd joint
One of Tasmania’s balance-of-power MPs has been nabbed for alleged drug driving but defended his – and everyone’s – right to occasionally smoke marijuana.
Will landmark scam win hold up for future victims?
Consumers scored a win against big banks with a recent ruling opening the door for scam victims to be compensated, but will the precedent last?
ICAC taking years to prepare cases doesn’t stack up
It’s taken eight months from an alleged double murder for a brief of evidence to be prepared, yet seven years for ICAC to prepare its case in less serious matters. How is that justice served?
‘It wasn’t windy’: jumping castle anchoring was ‘minimum’
The partner and co-worker of a jumping castle operator charged over the 2021 Hillcrest tragedy has defended ‘minimum’ pegging, citing hard ground and a lack of forecast wind.
High Court’s ankle monitor ruling sparks rush to pass safety laws
The Albanese government will rush emergency new legislation into parliament after the High Court sunk the key security measures for freed immigration detainees and opened the door to ‘slam dunk’ compensation claims.
‘This was bad law, enacted in panic’
When law students are asked to cite examples of government legislative ineptitude, they now have two perfect case studies.
Watchdog supports state DPP complaint
A complaint filed against a District Court judge has been partly substantiated, with the judicial watchdog finding it was ‘entirely inappropriate’ for the judge to suggest there was a ‘secret policy’ in which prosecutors run meritless rape cases.
Chinese jumping castle maker reveals potential peg ‘shortfall’
The Chinese manufacturer of the jumping castle involved in the 2021 Tasmanian tragedy that claimed the lives of six primary school children has told a court it did not always provide a full complement of pegs for the inflatable.
Lehrmann’s secret silk delays appeal hearing
The former Liberal staffer has recruited a senior barrister to run his appeal against Network 10, with the Federal Court hearing the secret silk fears ‘trolling’ if he were to be named.
PwC raid continues but AFP says it’s being stymied
Though making progress, the AFP has told Senate Estimates that its investigations into PwC’s misuse of tax information is being stymied by legal professional privilege claims.
$20m disappeared from failed builder before collapse: court told
The boss of failed Queensland builder Privium allegedly set up a complex series of transactions before its collapse that saw $20m effectively disappear from the company, a court has heard.
‘Safety failures’ led to Tasmania jumping castle tragedy
An emotional court hearing has heard serious failings led to the 2021 Tasmanian jumping castle tragedy, in which young children saw their friends fall from the air. The castle’s owner, however, argued extra precautions would not have prevented the horror.
Legal eagles flying high in Adelaide
Commercial law firm Mills Oakley is on track for another year of double digit revenue growth amid an expansion into the Adelaide and Darwin markets.
Original URL: https://www.theaustralian.com.au/business/legal-affairs/page/11