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Articles on Law

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Occupy protestors have a right to protest; police powers to move them on from public spaces should be questioned. RynChristophe/Youtube

Moving right along: what powers do police have to ‘move-on’ protestors?

When police removed a young woman’s “tent dress” this week at the Occupy Melbourne encampment, it was yet another controversial interaction between protesters and authorities. As shown in the Occupy movement…
Young offenders may not be equipped with the skills to help them deal with restorative justice. Flickr/Pandham

Restorative justice may not work for all young offenders

Educating young offenders about the consequences of their crimes is a key way to ensure they don’t re-offend. But bringing them face to face with their victims may not always be the right way to go. Young…
Australia’s Ambassador to Indonesia, Greg Moriarty, has been working to secure the release of the 14 year old, amid huge media interest. AFP/Sonny Tumbelaka

Bali teenager used as political pawn in domestic politics

The arrest of a 14 year old Australian boy accused of possessing marijuana in Bali has provoked a media storm. The Australian Ambassador to Indonesia says the case is his “top priority”, and even the Prime…
ABC’s The Slap investigates the complex and very personal views of those at the heart of a smacking case. ABC

The legality of ‘The Slap’

In last night’s ABC program, The Slap, an impulsive slap changed everything. A man struck someone else’s child at a barbecue provoking a legal challenge. In real life, that would be an assault, though…
What is Australia’s responsibility for low-lying neighbours like Palau? CasaDeQueso

See you in court: the rising tide of international climate litigation

The Pacific Island State of Palau recently announced it will seek an Advisory Opinion from the International Court of Justice (ICJ), asking whether countries have a responsibility to avoid their emissions…
The ACCC has pledged to take more businesses to court over anti-competitive behaviour. Hacklock

Will Rod Sims’ tougher approach pay off for the ACCC?

When the appointment of Rod Sims as chairman of the competition watchdog was announced earlier this year, there was disquiet among some competition lawyers. Would Sims, an economist, readily appreciate…
The Centro case shows there are significant differences between the liability and penalty stages of a trial. AAP

Did Centro’s directors really get off lightly?

The Federal Court ruling in the Centro Properties Group case in June has been viewed by many as significantly raising the legal bar in relation to Australian company directors’ duty of care. Yet the penalties…
Australian law needs to catch up with technology which means we can be watched at any time. Flickr/Esther Gibbons

Why privacy laws should not be a game of roulette

Watching other people is human. It’s why TV shows like Big Brother, and paparazzi magazines flourish. But while some people choose to expose private moments, others do not. And Australian law doesn’t always…
In Australia, forensic evidence is coming under increasing scrutiny. Andrea Hayward/AAP

The CSI effect: are jurors starstruck by forensic evidence?

FORENSICS AUSTRALIA – Jurors without technical training are frequently required to consider complex forensic evidence. It’s not just a matter of understanding the forensic evidence: in the case of “opposing…
Bikie gang members in Adelaide last year protesting about laws aimed at breaking their organisations. AAP

National bikie gang laws: the wrong approach

Police across Australia have called for a uniform national law to deal with what they say is a severe criminal threat by outlaw motorcycle gangs. The law would be similar to legislation in South Australia…
Would a right to privacy have helped Lara Bingle? AAP Image/Tracey Nearmy.

Breaching confidence: do we need a privacy tort?

Who would have predicted there would be serious talk of a statutory privacy tort in Australia, giving private individuals who feel their privacy as been breached the right to sue? But then again, who would…
It costs $207 a day to keep one prisoner in jail. Flickr/winterofdiscontent

Prison rates down, but not enough

Australia’s prison population is decreasing. But it’s a little too early to break out the champagne. The huge regional differences reveal that imprisonment is not based on the crime you commit, but the…
The phones of victims of the London bombings were allegedly hacked by staff at the News of the World. AFP/Dylan Martine/WPA pool

‘Deplorable and indefensible’: the ethics of the News of the World

The British newspaper The News of the World is being investigated over allegations of hacking into the phones of relatives of the victims of the bombings in London in July 2005. It’s also thought those…
Demanding climate data won’t provide a new window into global warming. nasa hq photo/flickr

Access to climate research data ordered

When it comes to obtaining research data, Canadian academic Steve Easterbrook said it best: “Any fool knows you don’t get data from a scientist by using FOI requests, you do it by stroking their ego a…
Centro Properties Group’s directors were found to have breached the Corporations Act. AAP

Will Centro’s mistakes prompt action across the board?

The Centro Properties Group ruling is one of the most significant judgments we have had in the areas of corporate law and corporate governance in a number of years. Federal Court Judge John Middleton ruled…
Australia needs to reassess where it stands on mental health. Flickr/knicolai

Rethinking our mental health laws

Even a cursory glance at Australia’s mental health system indicates shortcomings in the provision of a range of services to people with mental impairments. Since 1993, when the Human Rights and Equal Opportunity…

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