Category Archives: Law (Australia)

Australian federal police abandon two alleged murder investigations into Ben Roberts-Smith

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The long-running investigations into murder allegations in Afghanistan will be replaced by new inquiries because of concerns about evidence

Two key criminal investigations into alleged murders involving Ben Roberts-Smith have been abandoned by the Australian federal police because of concerns over potentially inadmissible evidence.

The long-running investigations – into murder allegations at a compound codenamed Whiskey 108 and in the southern Afghan village of Darwan – will be replaced by new inquiries undertaken by a new joint taskforce, staffed by officials from the Office of the Special Investigator and federal police investigators not previously connected to the cases.

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Network Ten asks AFP to investigate ‘leaking’ of evidence in Bruce Lehrmann trial

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Lehrmann is suing Ten and Lisa Wilkinson in the federal court over their initial reporting of Brittany Higgins’ rape allegations, which he denies

Federal police have been asked to investigate the alleged leaking of evidence from the trial of Bruce Lehrmann to the media by a lawyer representing Network Ten.

Marlia Saunders, a partner at Thomson Geer, who is representing Network Ten in a defamation case brought by Lehrmann against them, confirmed she had made a complaint to the AFP on 7 June regarding the leak.

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Albanese urged to plead with Biden for Assange’s release – as it happened

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‘We shouldn’t run a running commentary on the cases,’ says Hume

Opposition finance spokeswoman Jane Hume, appearing alongside Marles on the program, said she believed clarification was still needed:

There is inconsistencies between the reports that we are getting from those text messages and what we are hearing from Labor ministers, and what happened when.

And I think unfolding that, unpacking that, making sure there is some clarification is really important here. Because misleading parliament, misleading the Senate is a big deal, particularly when you rely on the honesty and integrity of ministers and senators, and so there are some questions to be answered here.

Katy has made her position very clear earlier in the week, and she has made clear that she is very comfortable with the statements that she’s made, and that’s the end of the matter in terms of Katy’s position.

Katy is a person of enormous integrity. It is one of my great honours to work alongside her in this government. She does a great job as the finance minister.

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Leaked Brittany Higgins material to be raised in federal court hearing of Bruce Lehrmann defamation case

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The federal court will consider the audio and text messages of Higgins and her partner David Sharaz published by several media outlets

The leaking of private material linked to Brittany Higgins is to be raised in the federal court on Friday during a hearing of the defamation case brought by Bruce Lehrmann against several media outlets.

An audio recording of Higgins, her partner David Sharaz and two Network 10 journalists, along with text messages sent from Higgins to various parties, have been published by multiple outlets over several weeks.

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Kathleen Folbigg says her freedom is ‘a victory for science and especially truth’

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Former prisoner says she is eternally grateful to her friends and will always think of, grieve for and love her children

Kathleen Folbigg says she will always grieve for her children and has called her pardon and release from prison after 20 years, a victory for science and truth, as questions turn to the legal lessons to be learned and reforms enacted in its wake.

In a video from the home near Grafton of her longtime friend and advocate, Tracy Chapman, Folbigg said she was extremely humbled and grateful.

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Central bank going ‘rogue’, senator claims – as it happened

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Burke says the loophole only applies to where the business has agreed on a minimum rate of pay:

The loopholes are really simple … which is, if an employer agrees with their workforce and registers, this should be the rate of pay.

You shouldn’t then be able to go to a labour hire company and completely undercut what you’ve just agreed to.

Yesterday was one of the one of the strangest debates I’ve ever found myself in – because business was running a passionate campaign against a policy that the government is not proposing, that the government’s not going to do. And to me, it would sound like a bad idea anyway.

Effectively the way business were arguing yesterday – there was someone on PM yesterday afternoon, claiming that somehow this would prevent hairdressers from being able to pay different rates of pay for the people in their employment. Just not true.

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Kathleen Folbigg pardoned and released after 20 years in jail over deaths of her four children

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Release comes after inquiry heard that Folbigg and her two daughters had rare genetic variation and her son may have died from an underlying neurogenetic disorder

Kathleen Folbigg has been pardoned and released after two decades in prison over the deaths of her four children, following a decision of the New South Wales attorney general, Michael Daley.

Folbigg, who has always maintained her innocence, had served 20 years of a 25-year sentence since being convicted in 2003 of murdering three of her children, and the manslaughter of one child.

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Ben Roberts-Smith: calls for uniform to be removed from Australian War Memorial display

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Greens say removal would be ‘first step in correcting the official record’ after federal court dismisses defamation case

The Australian War Memorial is facing calls to remove Ben Roberts-Smith’s uniform from its display, after the federal court dismissed the defamation case initiated by Australia’s most decorated living soldier.

But the Australian Special Air Service Association has argued it was “a very disappointing day” for veterans who had served in Afghanistan, saying the majority who had done the right thing were being “re-traumatised after having gone through a difficult war”.

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NSW lawyers call for reform of ‘disgraceful’ tactic churches use to block abuse claims

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Critics say the seeking of permanent stays in cases where perpetrators have died amount to ‘another layer of abuse’ for survivors and a failure of moral leadership

The Australian Lawyers Alliance is preparing to meet with the New South Wales attorney general to lobby for reform against the “disgraceful” tactics employed by churches and other institutions to prevent abuse survivors from pursuing justice.

A Guardian investigation – based on interviews with 13 lawyers, analysis of court records, and discussions with survivors and their advocates – found earlier this year that churches and other institutions are now routinely seeking permanent stays in cases where perpetrators have died, arguing they cannot possibly receive a fair trial.

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Australian child pleads with prime minister to be rescued from Syrian detention camp

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Exclusive: ‘I have spent half my life in a tent closed off by gates like a prison,’ says the child, who is under 10, in a voice message to Anthony Albanese

An Australian child trapped in a Syrian detention camp has pleaded directly with prime minister Anthony Albanese to be rescued and brought home.

“I am one of the children left behind in Roj camp and I have spent half my life in a tent closed off by gates like a prison,” a voice message sent to the prime minister’s office says. “I have never been to school, laid in grass or climbed a tree.”

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Australian judge apologises after claiming that colleagues are appointed regardless of merit

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Justice Joshua Wilson planned to tell an international conference that court positions are filled on the basis of politics rather than ability

A federal and family court justice who planned to deliver a speech at an international conference claiming that progressive governments appointed diverse judges regardless of merit has been forced to apologise to his colleagues and told he can no longer attend the conference.

The speech by Justice Joshua Wilson had been uploaded on the court’s website before Justice William Alstergren, the chief justice of the family court and chief judge of the federal circuit court, was alerted to its contents and ordered that it be removed this week.

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Australia politics live: ABC journalists walk out to stand in solidarity with Stan Grant against ‘awful blight’ of racism

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Greens announce comedian Mandy Nolan as Richmond candidate for 2025 election

We are only a year into the Albanese government, but it’s never too early to be prepared, I suppose. The Greens have announced their candidate for Richmond at the next election – Mandy Nolan.

At the last election people were desperate to kick out the Liberals, but now they’re realising Labor also wants new coal and gas, which makes the climate crisis worse, as well as billions in handouts for property moguls, which pushes up rents and house prices. Labor has no plan whatsoever to help renters and Labor’s housing bill sees the crisis get worse.

Mandy’s already got a team of volunteers ready to hit the streets and talk to Richmond residents about how the Greens are the only party fighting for renters and climate action.

The Finance and Public Administration Committee (which includes department of parliamentary services and prime minister and cabinet).

The Legal and Constitutional Affairs committee, where it will be the Department of Home Affairs show.

The Environment and Communications committee will hear from the climate change and energy department as well as environment and water. (So power prices will dominate this one).

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Police did not believe evidence was sufficient to take Bruce Lehrmann to trial, inquiry hears

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AFP’s Scott Moller says he charged Lehrmann on advice of DPP despite investigators not thinking Brittany Higgins’s allegations reached threshold for prosecution

The police officer who investigated an allegation Bruce Lehrmann raped a colleague in Parliament House has told an inquiry he did not believe there was sufficient evidence to take Lehrmann to trial, but charged him on the advice of the director of public prosecutions.

The AFP’s Det Supt Scott Moller oversaw the ACT police’s investigation into Brittany Higgins’s allegation Lehrmann raped her in the Parliament House office of the then Coalition minister Linda Reynolds in 2019.

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ABC argues Brittany Higgins broadcast did not identify Bruce Lehrmann and could not have defamed him

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ABC says press club address could not have been defamatory even if Lehrmann’s identity already widely known

The ABC has argued that it did not identify Bruce Lehrmann when it broadcast Brittany Higgins’ and Grace Tame’s National Press Club address and, even if it had, it could not have been defamatory

The ABC says in court documents that if it was “notorious throughout Australia” that Lehrmann was Higgins’ alleged rapist – as Lehrmann’s lawyers have claimed – then its broadcast of the address would not have caused or been likely to cause serious harm to Lehrmann’s reputation.

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Richard Boyle claims judge wrong to deny him whistleblower protections

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Former ATO worker lodges appeal against a South Australian district court decision not to grant him protection

Richard Boyle claims a judge was wrong to deny him whistleblower protections, and says Australia’s laws should have shielded him from alleged acts done in preparation to expose the conduct of the Australian Taxation Office, court documents show.

Boyle has lodged an appeal against a key decision in the South Australian district court, denying him the protections of the nation’s Public Interest Disclosure Act, which left him facing criminal trial on 24 charges – including the alleged use of his mobile phone to take photographs of taxpayer information and covertly record conversations with colleagues.

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Shane Drumgold on leave from DPP role as inquiry into Bruce Lehrmann case continues

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ACT government spokesperson says director of public prosecutions is on leave at his request

The Australian Capital Territory’s director of public prosecutions, Shane Drumgold, is on leave as an inquiry into the handling of a case against the former Liberal staff member Bruce Lehrmann continues.

The ACT government executive has appointed Anthony Williamson, who was the deputy DPP, to act in the role of the territory’s top prosecutor until 13 June.

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This article was amended on 18 May, 2023. A previous version incorrectly stated Shane Drumgold was stood down. He is taking a period of voluntary leave.

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Risk assessments used to justify Australia’s post-sentence terrorism detentions need urgent research, report finds

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The Australian Institute of Criminology reviewed several tools designed to gauge the threat posed by radicalised offenders

A new report has warned risk assessment tools being used to justify extraordinary post-sentence terror detention powers require urgent, independent research and validation.

The Australian Institute of Criminology on Friday released a report prepared for the department of home affairs on the use of four risk assessment tools, which are designed to gauge the threat posed by radicalised offenders and, in some cases, justify them being held behind bars or closely supervised after their sentences have been served.

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Mehreen Faruqi to sue Pauline Hanson over offensive tweet

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Greens senator says she is ‘drawing a line in the sand’ after One Nation leader told her to ‘piss off back to Pakistan’

Mehreen Faruqi will launch federal court action against Pauline Hanson under the Racial Discrimination Act, after the One Nation founder told the Greens senator to “piss off back to Pakistan” in an ugly social media clash following the death of Queen Elizabeth II.

Faruqi wants Hanson to make a $150,000 donation to charity and to publish a new tweet saying she had used offensive language. The New South Wales senator said she chose to escalate legal action over the September 2022 tweet after a complaint through the Human Rights Commission was terminated.

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Palaszczuk and criminologists reject calls for serious youth offenders to be treated as adults

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Experts say incarceration only increases risk of offending after Queensland police union president’s comments

Annastacia Palaszczuk and criminologists have rebuffed a call by Queensland’s police union president for serious youth offenders to be treated as adults, after three women were killed in a crash in Maryborough.

A 13-year-old boy is facing three charges of dangerous driving causing death after allegedly stealing a Mercedes from a Maryborough home at 10.45pm on Sunday.

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Noel Pearson warns of ‘almost endless protest’ if Indigenous voice referendum fails

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Pearson says reconciliation efforts would be ‘dead’ if the proposal is rejected, while a yes vote would have ‘tectonic’ positive change

Indigenous leader Noel Pearson has called Tony Abbott’s calls to scrap the voice to parliament “absurd”, claiming the proposal has been examined longer than any other public policy idea, and warning that a no vote could lead to a future of “almost endless protest”.

Pearson, an architect of the voice, said on Monday that he feared reconciliation efforts would be “dead” if the referendum failed and predicted years of protests if the voice was rejected. By contrast, a yes vote would have “tectonic” positive change for the nation, he said.

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