The Wigs

In this episode, the final for season 2, the wigs tackle the changes the NSW government is proposing to sexual consent laws. 

These changes - if passed by parliament - will require participants in sexual acts to seek "active consent" before engaging. 

It is a proposal that has divided the legal community and raises profound questions about the role of the criminal law:

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The Wigs LIVE! Recorded at the NSW Public Defenders conference on Sunday 14 March, 2021 before approximately 500 conference delegates. The annual PD's conference is NSW premier criminal law conference and The Wigs were certainly happy to accept the invitation.

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This episode is devoted to a recent damning report delivered to the NSW Parliament by the NSW Law Enforcement Conduct Commission following a complaint by a criminal defence solicitor in regional NSW that he had been targeted, harassed and intimidated by police officers in Strike Force Raptor - when he was simply doing his job, that is representing a client allegedly involved in an outlaw motorcycle gang.

Strike Force Raptor began 12 years ago in NSW with the purpose of disrupting the illegal activities of outlaw motorcycle gangs by using intensive targeting campaigns on gang members, their family and friends or anyone associated with them.

The investigation by the Law Enforcement Conduct Commission, called Operation Monza, found that the actions of the three Police officers from Strike Force Raptor had amounted to serious misconduct.

The Commission held private hearings with witnesses and has prohibited the publication of the names of any of the police officers or the solicitor involved.

The Wigs cannot name any parties involved but the following is a discussion of the findings and the recommendations made and what can be done to better protect the rule of law and an independent legal profession from attack.

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In this episode Wig Stephen Lawrence sits down with Barrister Douglas McDonald-Norman to talk about a fascinating figure in Indian legal history, William Broome, the British colonial judge who ‘stayed on’ in 1947 when the new Indian nation was born. Douglas McDonald-Norman practises from Eight Selborne Chambers in Sydney where he has a diverse practise including in administrative and commercial law. Their wide-ranging discussion canvasses the man, his personal life, his cases, how his story fits with different conceptions of the Indian nation as well as broader political issues such as the 1970’s ‘Emergency’ and the role of religion in Indian politics.

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The Wigs are back together live in the studio for the first time in 2021, kicking off the year with three legal controversies. First up, a look at the phenomenon of de-platforming, where social media companies restrict people's access to their platforms on account of things said in the expression of views and beliefs. Secondly, the wigs analyse a new NSW proposal to criminalise so called "coercive control", extending the criminal law to domestic violence abuse which does not involve physical violence or threats. Lastly, the Wigs examine a controversial new decision of the international criminal court in which the court's pre-trial chamber has ruled it has jurisdiction over alleged offences in the occupied Palestinian territories. And of course, stick around for fun things at the end of the episode. 

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Wig Emmanuel Kerkyasharian interviews Edward Walker, an expert in medieval law, about the life of a barrister in the 1400s, historical female litigants and the development of the common law. 

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In this Xmas special the wigs, with the aid of a bottle or two of French champagne, bring a close to the legal year with a discussion of three interesting legal controversies. Firstly the wigs discuss the "lawyer x" scandal in Victoria. A tale of what happened when a famous criminal defence barrister turned rogue and began secretly working for the police against her clients. Second, the wigs discuss a recent decision of the NSW court of appeal in HDI Global Specialty SE v Wonkana No. 3 Pty Ltd concerning insurance policies and the pandemic. Very much one for the contract law and statutory interpretation aficionados. Lastly, the wigs discuss a needlessly controversial nsw government policy for the "depenalisation" of drug possession offences. Strap yourselves in and get ready for a somewhat lengthy, slightly rowdy end of year Christmas special. 

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In this episode the wigs are back into some complex black letter law. First up is an examination of the details of a new bill currently before the NSW state parliament which is proposed to give police sweeping new investigative powers in respect of people with drug supply convictions. A legitimate response to a social problem or another incursion into fundamental human rights? Next up is a discussion of another proposed law that will guide criminal courts as to how to take into account harm to the foetus occasioned during criminal offending. Reasonable recognition of harm or a stalking horse for the right to life lobby? Lastly the wigs discuss a recent federal court decision that examines the complex question of whether the commonwealth can detain proved refugees who have been refused visas on character grounds. 

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The Wigs sat down with Geoffrey Robinson QC to talk about international law in the context of a war over Nagorno- Karabakh.    Geoffrey Robertson Q.C. is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship.  He is a founder and joint head of Doughty Street Chambers in London. He serves as a Master of the Bench at the Middle Temple, a recorder, and visiting professor at Queen Mary University of London.  

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