Category Archives: Australian law

Woman illegally strip-searched by police ‘reasonably thought’ officers would call her a liar, judge says

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NSW seeking leave to appeal against successful class action including aggravated damages of $20,000 awarded to woman strip-searched at music festival

The woman awarded $93,000 after an illegal strip-search by NSW police thought until “just before” the trial that she would be called a liar in the proceedings by the officers who conducted the search.

This was despite the officers submitting statements 12 months before her appearance that they had no recollection of the woman or the search, a court was told on Friday.

Lawyers acting for the woman, Raya Meredith, and 6,000 music festivalgoers appeared before the NSW court of appeal on Friday in the final day of a two-day hearing where NSW is seeking leave to appeal after losing a class action over unlawful strip-searches conducted at music festivals between 2018 and 2022.

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NSW motorists who use medicinal cannabis may soon be able to drive without fear of major penalty

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Premier Chris Minns says changes would balance road safety and a more practical approach for medicinal cannabis users

Motorists who use medicinal cannabis may soon be able to drive on New South Wales roads without fear of a severe penalty as the Minns government announces long-awaited reforms.

The government announced on Thursday it would introduce legislation which would see drivers with a medicinal cannabis prescription no longer face a three-month licence suspension or fine for having the THC component of cannabis in their system.

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Anti-abortion activists are trying to limit access in NSW – and they are just getting started

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Obstetricians and gynaecologists say anti sex-selective abortions bill ‘predicated on misinformation’ and ‘underlying aim is to restrict access to abortion’

The man who wants to ban “sex-selective abortions” is the first person who will tell you it won’t work.

New South Wales Libertarian party MLC John Ruddick has introduced legislation that would see health practitioners sent to prison or fined thousands if they carry out a termination because of the sex of a foetus.

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Police drop case against artist who depicted high-profile Australians in uniforms with Nazi symbols

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Michael Agzarian was charged despite internal legal advice that the images were ‘political satire’, court hears

Police charged an artist who depicted prominent Australians in military uniforms emblazoned with Nazi symbols despite internal legal advice the images were “political satire”, a court has heard.

Police dropped the case against Michael Agzarian before the Downing Centre local court on Friday, almost a year after he had been charged with one count of displaying Nazi symbols by a public act without lawful excuse.

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Pianist Jayson Gillham says he never considered apologising for Gaza comments, trial hears

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Federal court case begins for classical pianist who alleges Melbourne Symphony Orchestra unlawfully discriminated due to his views

A classical pianist who alleges the Melbourne Symphony Orchestra unlawfully discriminated against him because of his views on Israeli forces killing Palestinian journalists says he did not consider apologising for making the statement at the centre of the case.

Pianist Jayson Gillham is suing the MSO over a cancelled Melbourne concert he was contracted to perform on 15 August 2024, a cancellation which he claims was an attempt to silence him over his stance on the Gaza conflict.

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Court rules Coles misled shoppers with its ‘Down Down’ discount campaign

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Landmark finding against supermarket giant comes after competition watchdog argued that markdowns did not represent genuine savings

Coles misled Australian shoppers by promoting fake “Down Down” discounts on everyday grocery products, the federal court has ruled in a landmark decision for the supermarket industry.

Justice Michael O’Bryan handed down his judgment on Thursday, delivering a significant blow to Australia’s second-largest supermarket chain, which had argued that the discounts represented genuine savings during a period of high inflation.

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Water flows to parched NSW wetlands could be turned back on within weeks as drought fears loom

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Water minister Rose Jackson calls drying in Gwydir region ‘devastating’ as bill passes upper house

Water flows to parched New South Wales wetlands where an urgent rescue mission to save dying wildlife unfolded are a step closer to resuming after legislation passed the state parliament’s upper house.

The water minister, Rose Jackson, told the parliament on Thursday night the impact of a halt to environmental flows in the internationally significant Gwydir region had been “devastating” as she introduced legislative amendments she said would allow flows to resume.

Sign up to get climate and environment editor Adam Morton’s Clear Air column as a free newsletter

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Brittany Higgins criticises federal inaction as Victoria moves to protect victim-survivors’ counselling records

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Exclusive: State government commits to strengthening laws as Higgins labels Albanese government’s response to women’s safety issues ‘disheartening’

The Victorian government will strengthen laws regarding the use of victim-survivors’ confidential communications after a push by advocates including Brittany Higgins, who described her experience of having counselling records subpoenaed as a “violation”.

In an interview with Guardian Australia, Higgins was also critical of the federal government’s lack of action following a sweeping review into the justice system’s responses to sexual violence, saying it had “completely fallen off the agenda”.

Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 500 2222. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html

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Podcast interviews of NSW couple jailed for abusing their daughter in the spotlight

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Exclusive: Corrective Services investigates how Richard Guilliatt of The Australian was able to interview Rob and Karen Gilfillan for Shadow of Doubt

Corrective Services New South Wales is investigating how a journalist from The Australian was able to interview a man and a woman convicted of abusing their daughter for a podcast that raised questions about their guilt.

After legal restrictions were lifted last month the victim said the podcast had been highly detrimental to her mental health.

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Using AI to speed up Australia’s environmental approvals risks ‘robodebt-style’ failures, scientists say

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Conservationists say move could push species closer to extinction and clearer environmental rules are needed instead

Conservationists and scientists have warned a mining lobby proposal to use artificial intelligence to speed up national environmental approvals could generate “robodebt-style” failures, putting threatened species at further risk.

The Minerals Council of Australia has asked the government to spend $13m to trial the use of AI to help companies prepare applications and help the federal government make decisions.

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Aboriginal child moved 1,700km from remote NT community should be returned, family court rules

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Judge says boy should go back to his community to learn about stories and rituals ‘that can only be taught on country’

An Aboriginal child who was moved 1,700km from his remote Northern Territory community should be returned to ensure he can experience his culture, the family court has found.

The boy, known as X in the court proceedings, was born in 2016, when his mother was in prison. She did not take part in the court proceedings, and the man believed to be the boy’s father only took a limited part in the case.

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Senior Queensland judge criticises ‘glacial’ years-long delays in serious criminal trials

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Exclusive: Justice Jim Henry published data from his own court revealing recent cases took more than a year to reach committal

A Queensland supreme court judge says serious criminal cases are taking “excruciatingly longer” to finalise due to “glacial” delays in the state’s magistrates court, where some matters are spending several years in procedural limbo.

Justice Jim Henry, who is based at the supreme court in Cairns, published data from his own court revealing that of 31 recent criminal cases he finalised between November and February, on average each case took more than a year (370 days) in the lower courts before a committal.

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Australia’s high court orders ankle bracelets be removed and curfews end for 43 former immigration detainees

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Labor’s preventative detention regime suffers blow as court finds tough laws for NZYQ group are unconstitutional

Dozens of former immigration detainees who have already served prison sentences will have ankle bracelets removed and curfews scrapped, with the high court again striking down laws targeting the group.

On Wednesday, the Albanese government’s preventative detention regime suffered another blow as the court ruled the tough laws to deal with the NZYQ cohort were unconstitutional.

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Sentence extended but no jail for NT hit-and-run driver Jake Danby who called victims ‘oxygen thieves’

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Jake Danby’s sentence for hitting two Aboriginal men with his car, killing one, was extended from five months to two years in home detention

The family of an Aboriginal man fatally run down before the driver bragged about his death are angry and heartbroken after their brother’s killer has again avoided jail on appeal.

In June 2024, Jake Danby hit two Aboriginal men with his car on a Darwin street, killing one and injuring the other.

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Virginia Giuffre’s sons deny unsigned document is their mother’s will

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After Jeffrey Epstein abuse victim died intestate, sons reject claim that documents presented by her lawyer and carer represent her final intentions

An unsigned will has emerged as the crux of the battle over the estate of Virginia Giuffre, one of the most prominent victims of disgraced US financier Jeffrey Epstein.

Details of the document surfaced on Friday as hearings began in Western Australia’s supreme court, where her sons, her longtime lawyer and her former carer are all vying for control of the assets.

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Sydney restaurant Cairo Takeaway counter-sues pro-Israel activist, claiming he trespassed to ‘ambush’ staff

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The Newtown eatery is counter-suing Ofir Birenbaum, who launched defamation action against the popular restaurant

An Egyptian restaurant in Sydney is counter-suing a pro-Israel activist over a News Corp stunt, alleging he trespassed on the popular eatery in a bid to get a “negative reaction” from staff.

Ofir Birenbaum went to Cairo Takeaway, a popular restaurant in Sydney’s Newtown, in February wearing a Star of David cap and necklace alongside reporters from the Daily Telegraph. The undercover operation, later revealed to be dubbed “undercover Jew” internally by the paper, made international headlines after it backfired.

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