The Law


Why Allen & Unwin should have settled Crikey-style

The same group of barristers who once defended Crikey in a legal blitz barristers again came together in the long-running defamation action that saw barrister Dyson Hore-Lacy awarded $630,000 in damages from publisher Allen & Unwin for Phil Cleary’s book Getting Away With Murder.

Guy Rundle: Rundle’s UK: In conversation with Germaine, who incidentally, may sue Morry.

Our hero Guy Rundle attends the London Australian Film Festival, where he learns that Germaine Greer is considering suing Morry Schwartz, John Hillcoat would love to make a romcom with Nick Cave, and Londoners serve sausage rolls with Vegemite. Hilarity ensues.

The racism pervading our police

When it comes to receiving justice in this country, it matters what colour your skin is, writes Suvendrini Perera. From aboriginal deaths in custody to violence against Indian students, institutional racism afflicts our police forces.

‘Stop and search’ is racial profiling by any other name

Stop and search powers given to police — now in use in Victoria, and coming soon to South Australia and Western Australia — lead to racial discrimination. The evidence can be found overseas.

A legal look at the Lara Bingle case

Lara Bingle (and Max Markson, naturally) is taking Brendan Fevola to court for breach of privacy, defamation and misuse of her image. But does she really have a case? Legal experts Jason Bosland and Vicki Huang take the stand.

I accidentally killed my child: is it a crime?

A heartbreaking investigation on parents who forget and accidentally leave their children to die in the backs of cars. It may be a devastating and horrific mistake, but is it a crime worthy of prosecution? asks Gene Weingarten.

Apple’s secret iPhone Developer Agreement

The previously secret agreement all Apple app developers are required to sign has been made public through a very clever legal loophole (the NASA app meant it was FOI-able). Read it in all its super-strict glory.

Holding their breath for Palm justice

This latest inquest into the death of Mulrunji Doomadgee is being watched by Indigenous people around the nation for one simple reason: it represents the best chance yet for justice over an Aboriginal death in custody.

The secret evidence of the death on Palm Island

Explosive evidence is being suppressed about the 2004 death of a man in custody on Palm Island. The only thing that Jeff Waters can legally say is that the policeman involved had a history of violence against indigenous people.

Give jurors background, Rann says, despite all the evidence against

Electioneering politicians in South Australia back a proposal to allow jurors to hear about “relevant” prior convictions of the accused. Yet overseas examples show it leads to unsafe verdicts.

Violence against women we say no — except from another woman

When it comes to violence against women, ‘Australia Says No’. But what happens when women are the ones committing these crimes against other women, asks Katie Weiss.

The dodgy reporting fuelling Islamic tension

False claims made in the media about the Dr Haneef case were never corrected and have fuelled racial tension as his legal case continues.

Australia’s crime paranoia index

Possum Comitatus has a bit of fun with what is usually a serious set of topics and create a Crime Paranoia Index to see which state has the greatest gap between the expectations/perceptions of crime and the actual level of reported crime.

What would real community concern mean for a pokie club?

Over recent years, the AFL has wholeheartedly embraced gambling as a revenue stream, mindful perhaps of the massive funds generated by the NRL club-based gambling empires, writes Charles Livingstone.

The ultimate divorce lawyer business card

Clever business cards can really tell a lot about a company. Like the divorce lawyer whose business card tears right down the middle into two halves. Sounds like an even 50/50 divorce settlement, then.

2UE ankle deep in legal stoush

Some forensic rigour has been applied to the word ‘ankles’ in Ray Chesterton’s defamation action against 2UE in the NSW Supreme Court this week, writes Richard Ackland.

Human rights: why we need a charter

Emotional, fear-mongering and ill-informed comments about a human rights charter do not make for robust, reasoned, logical debate, writes Mark Blumer.

How Climategate wasn’t as scandalous as the sceptics claimed

Michael Mann, a climate scientist embroiled in the middle of the Climategate hacked emails scandal, had his professional conduct reviewed in a Penn State university inquiry and was exonerated. Read the results before the denialists spin it.

Taxpayers hit in hip pocket by regulators’ blunders

Foolish errors such as the one committed by the Office of Police Integrity are an almighty disservice to taxpayers, who spent millions of dollars to ensure that justice was served.

Riffing on the Down Under decision

Colin Hay may be a great musician, but his claim that it took almost two decades for anyone to notice that Land Down Under sounds a little bit like Kookaburra is absurd, says Tim Dunlop.

iiNet and why ISPs can’t be content cops

Yesterday’s big win by internet service provider iiNet — clearing the company of responsibility for its users’ illegal online downloading — outlined exactly why ISPs can’t easily or effectively police their customers’ activities, explains Techdirt.

FOI reform may undermine open government

Expect some drama as the Freedom of Information reform Bill is debated in federal parliament, since an amendment that would fatally undermine the move to more open government has been slipped in.

On the hunt for sexual predators

Vanity Fair looks at the murky moral waters of hunting for child sexual predators online, as both a police officer and her target give their sides of the story.

Family law legislation is putting women and children at risk

Everybody feels like a loser in the Family Court. Whether it’s about property, custody, or child support, nobody comes out a winner, writes Kathleen Swinbourne.

The 10 most stolen cars in the US

1994 Honda Accords are either really trendy amongst American criminals, or really easy to break into — more than 55,000 of them were nicked in the US last year.