Category Archives: Law (Australia)

At least a dozen climate activists face jail time under NSW laws used to lock up Violet Coco

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Exclusive: A string of protesters linked to Blockade Australia have been charged under the legislation

More than a dozen climate activists are facing possible jail time over protests in Sydney’s CBD this year after being charged under the same controversial laws that led to Deanna ‘Violet’ Coco being handed a 15-month prison sentence.

Court documents seen by the Guardian show a string of activists linked to climate group Blockade Australia have been charged under the laws, which introduced a two-year jail sentence for protests that block major roads, bridges or tunnels in New South Wales.

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Push for ‘victim advocates’ to support alleged rape survivors in court following Bruce Lehrmann trial

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Former federal court judge says independent advocates needed to ‘hold the hand of the victim-survivor at the time of greatest trauma’

There are growing calls for a major overhaul of the way rape complainants are treated within the justice system in the wake of the Bruce Lehrmann trial, with a former federal court judge urging governments to appoint victim advocates to support women through the process.

Prosecutors in the ACT on Friday announced they would not seek a second trial of Lehrmann because of the “significant and unacceptable risk to the life” of Brittany Higgins who is receiving mental health support in hospital.

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NSW government under pressure to scrap further 29,000 Covid fines after court ruling

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State forced to cancel 33,000 fines so far but Revenue NSW argues ‘technical’ supreme court decision ‘does not mean offences were not committed’

New South Wales residents wrongly penalised for Covid breaches say it is “crazy” it took a protracted and costly court case to force the state government to back down and withdraw 33,000 invalid fines.

The NSW government was forced on Tuesday to cancel 33,000 fines, worth an estimated $30m, for breaches of Covid-era public health orders after conceding they were too vague.

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Restaurant faces $1m fine for allegedly shortchanging young staff in Australia-first wage theft case

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Under Victoria’s wage theft laws the Macedon Lounge owner could be jailed if found guilty

A Victorian restaurant faces a potential fine of more than $1m and jail time for its owner, in an Australian-first wage theft case brought over allegations it underpaid workers by thousands of dollars.

The Wage Inspectorate Victoria has deployed the first criminal wage theft charges in Australia, filing a combined 94 against the Macedon Lounge, north-west of Melbourne, and its “officer”.

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Queensland election watchdog warns ‘intrusive’ public review bill will have ‘chilling effect’

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Proposed laws may allow access to sensitive and confidential information and could undermine public confidence, commissioner says

Queensland’s election watchdog has warned proposed law changes will have a “chilling effect” on its perceived ability to oversee free and fair elections.

A bill before the state’s parliament would allow for reviews of public entities, including direct access to premises and documents. The Electoral Commission of Queensland (ECQ) wants to be excluded from such reviews, which other statutory bodies, including the Crime and Corruption Commission and the Queensland Audit Office, are already not subject to.

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Lawyer for Australian families repatriated from Syria says focus should be on their recovery

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Moustafa Kheir says women and children have returned to NSW ‘from hell on earth’ and are cooperating with authorities

The lawyer for four Australian families repatriated from Syria says the focus should be on their recovery, not on the prospect of them being charged with terror offences.

Moustafa Kheir, who represents the four women and their 13 children who arrived in Sydney on Saturday, said he had been involved in interviews the women have had with authorities.

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Parks director should be accountable for ‘offence’ to Kakadu sacred site, protection authority says

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AAPA seeks leave to appeal against NT supreme court decision that found director is exempt from prosecution under state’s laws

A fight to hold Parks Australia to account over a walking track built through a sacred site in the Kakadu national park could be heading to the high court after a lower court found a Northern Territory law did not apply to the federal organisation.

The Aboriginal Areas Protection Authority (AAPA) has sought leave to appeal against a decision by the NT supreme court in September which found the director of Parks Australia was exempt from prosecution under the NT Aboriginal Sacred Sites Act.

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Woodchipper murder accused boasted of killing man in meat grinder, court hears

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Peter Koenig said he pushed man into Adelaide abattoir’s meat grinder, fellow murder accused Gregory Lee Roser told Brisbane supreme court

It was while allegedly scoping out the best spot to murder Bruce Saunders that Gregory Lee Roser says Peter Koenig boasted of having killed before.

Koenig thought it was funny, Roser has told the Brisbane supreme court.

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Funding shortfalls force Melbourne legal centre to stop taking calls on police misconduct

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Criticism mounts of Victoria’s police oversight model, with Andrews government urged to establish new watchdog

A Victorian community legal centre that specialises in police misconduct matters has stopped taking calls from the public because of funding shortfalls amid calls for the Andrews government to establish a new police watchdog.

The Police Accountability Project, which is based at Inner Melbourne Community Legal Centre, is only taking on new clients referred to it by other lawyers and the most egregious cases, as it can no longer operate a phone intake line that had previously serviced as many as 400 people a year.

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Woodchipper murder trial: ‘Thou shalt not kill’ message left in letterbox of accused, Brisbane court hears

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In recordings played in court, Sharon Graham says to co-accused ‘I don’t want to be in this house any more’

The message “thou shalt not kill” was left in a shaken Sharon Graham’s letterbox during a woodchipper death investigation, a Brisbane court has heard.

Graham, 61, and partner Gregory Lee Roser, 63, have pleaded not guilty to murder after Bruce Saunders died while working on a property north of Brisbane in November 2017.

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Whistleblower Richard Boyle feared ATO tactics would cause ‘suicide in community’, court hears

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Boyle hopes he will be protected by public interest disclosure laws after he aired claims of aggressive tax office debt collection methods in 2018

The whistleblower Richard Boyle has told a court of his fears that the actions of the Australian Taxation Office would lead to “suicide and death in the community”.

Taking the stand in a hearing seen as a critical first test of whistleblower laws, Boyle alleged ATO employees were put under pressure to bypass normal negotiations with taxpayers who owed money and move quickly towards more aggressive tactics.

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Melbourne magistrate finds 13-year-old should stand trial for murder of Declan Cutler

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Ruling based on psychologist’s opinion boy has mental capacity to form criminal intent

A 13-year-old Victorian boy is one of eight teenagers to have been committed to stand trial for the murder of Declan Cutler, after a magistrate decided that, despite his youth, he was capable of forming a criminal intent.

The magistrate ruled that she did not have to read an 1,100-page report on whether the 13-year-old, who cannot be named, could be found not to have that mental capacity, known as the doli incapax principle.

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Star ‘unsuitable’ to hold a casino licence in Queensland, state government says

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Independent review found a ‘serious dereliction’ of anti-money laundering responsibilities

Star Entertainment has been declared unfit to hold a casino licence in Queensland and will be issued with a notice to explain why it should continue to operate in the state.

Former judge Robert Gotterson’s report into the ASX-listed casino operator was released on Thursday after a public investigation into Star’s conduct in Queensland.

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Brittany Higgins kept dress unwashed for six months after alleged rape, court hears

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Higgins tells court she didn’t want allegation against Bruce Lehrmann to be a ‘media frenzy’ and wasn’t sure if making complaint would cost her her job

Brittany Higgins says she left the dress she wore on the night of her alleged rape untouched and unwashed for six months as she attempted to work out whether making a complaint would cause her to lose her job, a court has heard.

Higgins continued her evidence in the ACT supreme court on Thursday, also telling the jury she had felt “pressured from my workplace” to not pursue a complaint against fellow political staffer Bruce Lehrmann.

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Bernard Collaery likens his prosecution by Australia to a ‘Moscow show trial’

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Witness K’s lawyer gives first speech since case against him was dropped, argues for reform of the National Security Information Act

Bernard Collaery has likened his prosecution to a “Moscow show trial” and said the Coalition pursued him and former spy Witness K in an attempt to hide the “dirty linen” of its dealings in Timor-Leste.

In his first speech since the case against him was dropped, Collaery on Wednesday night gave an excoriating assessment of the protracted, secretive prosecution that he said caused immense turmoil for him, his family and friends, and his legal team.

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Young and sick children to be first Australians repatriated from Syrian detention camps

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About 60 wives, sons and daughters of slain or jailed IS combatants to be rescued from Roj camp, but some women face arrest upon return to Australia

The youngest, most unwell and most vulnerable of the Australian children currently held in squalid Syrian detention camps will be the first ones repatriated to Australia. But some of their mothers could face arrest – and potential charges – upon return to the country.

The Australian government is currently implementing plans to repatriate about 60 Australian women and children – wives, sons and daughters of slain or jailed Islamic State combatants – who have been held for more than three years in the dangerous detention camps in north-east Syria.

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Image of Bruce Saunders’ legs in woodchipper kept murder accused awake at night, court hears

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Gregory Lee Roser denies feeding friend into chipper and told police in 2018 it wasn’t in his nature ‘to be nasty to people’

The image of Bruce Saunders’ legs in a woodchipper kept Gregory Lee Roser awake at night, a Queensland court has been told.

Roser, now 63, told police he “felt responsible” after Saunders died while working on a property north of Brisbane in November 2017. But Roser, in a 2018 police interview played in court on Tuesday, denied feeding his friend into the chipper, saying it was not in his nature.

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Bruce Lehrmann’s lawyer accuses Brittany Higgins of ‘erasing’ details from night of alleged rape

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Steve Wyborn tells court Australians had been ‘sold a pup’ with Higgins’s allegations Lehrmann sexually assaulted her in Parliament House

Bruce Lehrmann’s lawyer has told jurors that Brittany Higgins “erased” key details from the night of her alleged rape inside Parliament House, saying the Australian public had been “sold a pup” over the allegations.

On Tuesday the trial of Lehrmann, a former political staffer, over the alleged sexual assault of Higgins inside Parliament House began in Canberra.

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Victorian boy, 13, has mental capacity to be tried for murder of Declan Cutler, court hears

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Psychologist’s report on behalf of prosecution cites boy’s respect for ‘gang members’ and ‘adherence to an alternative moral code”

A psychologist has found that a 13-year-old Victorian boy charged with murder could be tried for the crime, saying that his respect for “gang members” and “adherence to an alternative moral code” shows he has the mental capacity to understand right from wrong.

The boy, who cannot be named, is one of eight teenagers charged over the murder of Declan Cutler.

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Man incorrectly jailed for 58 days in ACT has no right to compensation, court rules

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Canberra court recognises South Sudanese refugee wrongly jailed but rules imprisonment not arbitrary nor a violation of Human Rights Act

A South Sudanese refugee who was wrongly jailed due to a “failure of the system” has lost an attempt to sue the Canberra court responsible for the error.

The man, now in his 30s, had fled the war-torn nation of his birth before his brothers were made child soldiers. He lived in a Kenyan refugee camp for 10 years before coming to Australia in 2005, the ACT supreme court heard.

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