Law Report

The Perth trial of Bradley Robert Edwards, found guilty of two of the three Claremont murders. How should we deal with judges who are biased or incompetent? And, a new Victorian report finds that two thirds of children who spend time on remand never receive a custodial sentence.

Justice Ruth Bader Ginsberg’s death has ignited raw and intense political wrangling over how to fill her seat on the US Supreme Court. We reflect on her legacy and the political manoeuvering. And, in a case involving a soldier known only as Private R, the High Court of Australia has determined that a trial for ADF members can be held in the military justice system even when the alleged crime was not connected to military service.

The House of Representatives recently passed a bill which will strip mobile phones from people in immigration detention. Will the bill pass the Senate? What does this mean for asylum seekers?    

And residents of the remote Northern Territory community of Santa Teresa have just won a big legal victory over NT Housing. One elderly representative litigant Enid, whose house didn’t have a back door for 6 years has just had her compensation increase from $100 to $10,000, a win that will have big implications for other communities.

The vast majority of COVID-19 cases in Victoria’s second wave of the pandemic are traceable to breaches of hotel quarantine. What went so horribly wrong? A judicial inquiry is trying to find out.  

So far, a lot of the evidence has focussed on how the roles and responsibilities of private security guards fitted with those of the police, government authorised officers, health providers and hotel staff.

How might Clive Palmer challenge WA legislation designed to thwart his legal action against the WA government? Also, in Victoria, sexual assault survivors now require a court order before they can speak publicly about their experience. Following protests the law is currently under 'urgent' review. And the Victorian Court of Appeal has just handed down a landmark decision involving 19 year old Daylia Brown. It allows sentencing judges to consider an offender’s personality disorder when calculating an appropriate prison term.