Joe Hockey’s short-lived “victory” of $200,000 in damages – awarded in his defamation suit against Fairfax – was last week dwarfed by a costs order requiring Fairfax to pay just 15% of his legal costs. Graham Hryce, writing in the Sydney Morning Herald, estimated that this would leave Hockey approximately $650,000 behind. Hockey has asserted
Defamation: Recreation for the Rich or a Tool for the Powerless? Read More »
85% of people favour recognising Indigenous Australians in the constitution. That is a record percentage of support. So, why hasn’t it happened yet? What is holding back the crucial reform of Indigenous Recognition that has wide support? Australian resistance to constitutional change The explanation begins with Australia’s history of resistance to constitutional change. Out of 44 referenda since
Indigenous Recognition in the constitution – the way forward? Read More »
On 1 June 2015 the Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 (also known as the Domestic Violence Evidence in Chief Act) came into force. The new Act amended the Criminal Procedure Act 1986; the amendments can be found in Part 4B of the 1986 Act. The amendments allow police to take an audio
Note on the Criminal Procedure Amendment (Domestic Violence Complaints) Act 2014 Read More »
An astounding 40.3% of prisoners in Australia are back in prison within two years of release. We’ve been following The Conversation’s ‘Beyond Prison’ series on issues relating to prison conditions and post-prison release. This blog post summarises the best insights from across the articles. Rehabilitation as a factor in prison conditions Andrew Day advocates a
A Survey of Prison Conditions and Post-Prison Options Read More »
Peter O’Brien was featured on ABC News last night (17 June, 2015). Peter appeared as a solicitor in the bail application for the high-profile accused William Spedding. Mr Spedding faces charges of historical child sex offences. These charges were ultimately thrown out and Mr Spedding won $1.48 million from the NSW Police for malicious prosecution.
In the News: Peter at William Spedding’s Bail Application Read More »
The statistics are appalling: one woman is hospitalised every three hours, and at least one woman is murdered each week. At the time of writing, 43 women had been killed by violence this year. Male domestic violence is the cause The cause is domestic violence, or more accurately, male domestic violence. In fact, it is
Domestic Violence and Male Control Read More »
Time is running out to save an invaluable legal service. The Aboriginal Legal Service’s Custody Notification Service (CNS) is a 24-hour phone line that gives legal advice and general support to Aboriginal people in custody. Government funding runs out at the end of June. What the Custody Notification Service (CNS) does The phone line was one
Save the CNS! Funding threat to invaluable Aboriginal justice service Read More »
Australia is facing an epidemic, and no, we are not in a law and order crisis. In fact, that very perception is part of the problem of Australia’s rampant prison overcrowding. Australia’s Prison Population Is Increasing Recent BOCSAR statistics show a 10% increase in Australia’s prison population over the past year. This results in a
Australia’s Prison Overcrowding Epidemic Read More »
Cash injections into the legal system are very welcome. The Federal Budget 2015 announced $1.3 billion for courts to improve their services, including refurbishments. There was also the promise of $12 million for community legal services and $11.5 million for Aboriginal legal assistance. Redfern Legal Centre We just hope that these funds are going to
Save Redfern Legal Centre Read More »
Let’s take a moment to review the history of bail law in NSW, so that we can appreciate in full the stupidity of the most recent reforms. In 1978 Attorney-General Frank Walker’s reformed bail law entered into force, doing away with the discriminatory system of “cash bail” and introducing a general presumption in favour of
Bail Law in NSW: A History of Reform & Missteps Read More »
