12th Mar 2020
Professor Megan Davis explains that on the key issues animating public attention – an Aboriginality test and sovereignty – a close reading of each judgment in Love; Thoms reveals that there are no majority pronouncements that change the status quo. The decision does not create a new category of person, nor does it create special rights. What it does do, however, is bolster the argument for constitutional reform.
17th Oct 2019
Jasmina Mackovic repeats calls for a national approach to industrial manslaughter laws following the recent tragic death of a worker in Sydney’s Port Botany, pointing to the lack of consistency across jurisdictions and the NSW government's unwillingness to introduce its industrial manslaughter laws in NSW.
10th Oct 2019
Mark Warren looks at the impact of the new sentencing regime in NSW, introduced in 2018, on the types of sentences being imposed in NSW. While all the data is not yet in, there appears to be a trend towards community-based sentencing, such as Intensive Correction Orders, and away from short-term prison sentences.
5th Oct 2017
Court procedures aim to ensure fairness between parties. In criminal matters, the intention is to ensure that the party with the most to lose, the defendant, is assured a fair trial, to avoid punishing innocent people for crimes they have not committed. This requires setting out the case against an accused clearly enough that they can refute it. In civil matters, these procedures seek to ensure fairness between the parties, including ensuring that both sides have access to relevant evidence.
26th Oct 2016
Evidence of crimes committed by the Turnbull Government on Manus and Nauru is compelling, say Greg Barns and Anna Talbot from the Australian Lawyers Alliance.
30th Jul 2015
While the Wrongs Amendment (Prisoner Related Compensation) Act 2015 (VIC) has received some populist approval, criminal law specialist Nicole Spicer explains why it is concerning for a number of reasons.