The Wigs

In the last episode for 2022, The Wigs look at a recent civil law decision of the High Court in the case of Stubbings v Jams 2 Pty Ltd 2022 HCA 6.

The case concerned a man who was signed up by so-called 'pure asset-based lenders' to a mortgage agreement he would inevitably default on.

As he did not have sufficient income, this led to the inevitable loss of his mortgaged asset.

The High court considered whether the equitable doctrine of unconscionability should operate to set aside the transaction.

Unconscionability is a rule of law deriving from equity where a court can relieve a person from the otherwise binding legal effect of an arrangement where the conduct and arrangement was so involved so unjust and one-sided, that they were contrary to good conscience and should not be enforced.

Secondly, The Wigs undertake a year in review, discussing and updating the various cases and topics covered during a year of episodes.

Last up of course is fun things!

See omnystudio.com/listener for privacy information.

This month in a slightly late episode (apologies to all listeners!) - the wigs tackle two fairly massive policy topics and a new decision of the high court. 

The wigs discuss the proposal to insert into the Australian constitution a new clause that will provide for a body that will be consulted on legislation that will affect Aboriginal and Torres Strait Islander people. 

Secondly, the Albanese government's proposed National Anti-corruption commission is analysed and Lastly, we will hear about a new High Court case of SDCV v Director General of Security 2022 HCA 32. 

See omnystudio.com/listener for privacy information.

In this month's episode, the wigs deep dive into two topics. Firstly the political/legal drama that has been dominating political news headlines of late. That is, the revelations that former prime minister Scott Morrison secretly swore himself into multiple ministries during 2020/21. 

Secondly, the wigs look at a recent decision of the NSW court of criminal appeal in a case called Stuart, where the court applied the principles around when a plea of guilty and subsequent conviction can be set aside by an appeal court. The interesting facts of the case include the court's finding that a solicitor entered pleas of guilty without taking instructions from the client.

See omnystudio.com/listener for privacy information.

This month on The Wigs - a discussion of a brand new provision in the NSW Bail Act 2013, section 22B. This provision came into effect in late June and provides that people who have pleaded guilty or have been found guilty by a court of a crime should be remanded in custody immediately if they "will" ultimately receive a jail term when they are sentenced unless there are special or exceptional circumstances justifying bail continuing.

Secondly, a new High Court case has reaffirmed the fundamental structural separation in the Australian Constitution between judicial and executive power. In Alexander v Minister for Home Affairs, the High Court struck down section 36B of the Australian Citizenship Act on the basis that citizenship stripping as a punishment for misconduct could not be done by a minister and could only occur as criminal punishment following a conviction by a court. Wig Stephen Lawrence was one of the barristers who appeared for the applicant and he provides some interesting insights into the course of the litigation.

Lastly the Wigs look at a new decision of Justice Hamill in DPP v Peckham where a decision of a magistrate was quashed on the basis that the case proceeded in the absence of the prosecutor and on the basis of no charge or evidence. This amounted to a fundamental breach of procedural fairness and proper process. The case took only three minutes to be heard in the Dubbo Local Court!

See omnystudio.com/listener for privacy information.

In this episode, the Wigs delve into three key legal decisions in the United States concerning access to lawful abortion, starting with the seminal 1973 decision of the United States Supreme Court Roe v Wade, and then the 1991 decision of the Court of planned parenthood v Casey.

Finally the recent decision in Dobbs, State Health Officer of the Mississippi Department of Health v. Jackson Women's Health Organization - which overruled Roe v Wade and Casey, overturning half a century of constitutionally protected access to abortion in the United States.

See omnystudio.com/listener for privacy information.

The Wigs chat with criminal law academic Jeremy Gans.
Jeremy is a Professor at the Melbourne Law School, where he researches and teaches across all aspects of the criminal justice system. He holds higher degrees in both law and criminology. In 2007, he was appointed as the Human Rights Adviser to the Victorian Parliament's Scrutiny of Acts and Regulations Committee.
His early research focused on fact-finding in sexual assault trials, and criminal investigation, especially the technique of DNA identification. He is the author of a criminal law treatise and a co-author of texts on evidence law and criminal process rights. He has contributed to public debate on criminal justice in a number of forums, including as a regular on Twitter and in blogs on the High Court of Australia and on Victoria's Charter of Human Rights and Responsibilities.

See omnystudio.com/listener for privacy information.

Welcome to a special episode of The Wigs.

This episode was recorded live at the 2022 reasonable cause conference. The conference provides continuing professional development units for hundreds of criminal lawyers each year.

Run by Mark Dennis SC, all proceeds go to Reasonable Cause Incorporated to assist disadvantaged young Cambodians further their education.

To see more about this charity go to www.RCcharity.net.au

The wigs were invited to talk on the topics of "Policing the Prosecutor, prosecutorial ethics for criminal lawyers'. You can find more information on reasonable cause at https://rccpd.net.au/

See omnystudio.com/listener for privacy information.

In this, the last episode of season 3, the wigs kick off with a discussion about an important new prisoner rights case.

Bassam Hamzy is a convicted murderer who is classed by prison officials as a dangerous inmate. Regulations made by the state government that interfered with his right to legal representation were recently struck down by the NSW court of appeal. The case turned on statutory interpretation of the prison regulations, an analysis of the power to make certain internal prison rules, and the "principle of legality" which was used by the Court of Appeal to overturn the decision of the Supreme Court judge who had held the Regulations and rules to be valid.

Secondly, the Wigs discuss two very recent decisions of the High Court dealing with the question of when is a worker an employee as opposed to a self-employed independent contractor. The decisions overturned earlier authority and place new primacy on the express terms of work contracts, negotiated between generally unequal parties.

Lastly, listeners will hear a discussion of a failed prosecution under the new cartel conduct provisions that attempt to stop businesses colluding to distort the market. 

See omnystudio.com/listener for privacy information.

This episode of the wigs kicks of with a discussion of the now notorious visa cancellation and removal from Australia of the world number 1 tennis player Novak Djokovic on the basis he was unvaccinated and might encourage anti-vaccination sentiment. Secondly, The Wigs sit down with barrister Phil Boulten SC to have a fascinating discussion about the life and career of the late and great barrister Ian Barker QC.  

See omnystudio.com/listener for privacy information.

Our final episode for 2021, The Wigs delve into the latest case on Julian Assange’s fate, a man who is inching closer to facing prosecution in the United States over his involvement in the Wikileaks publications. 

Then on the local stage, a case which finally quashes the controversy over the nature of an appeal against conviction from the Local Court to the District Court in NSW, followed by a look at what’s been happening in the highest courtroom of the land - are women justices interrupted more than their male counterparts and who are the interrupting culprits? 

This episode was broadcast live on Twitter spaces. Let us know if you’d like to join the Wigs live again in the future - just send us a note on Facebook or on Twitter @wigspodcast. Enjoy the show!

See omnystudio.com/listener for privacy information.