The European Commission (EC) has given Google “a matter of weeks” to address concerns the American search giant has “abused a dominant market position”.
The announcement overnight (AEST) follows an 18…
Could a Canadian-style class action dent the credibility of homeopathy in Australia?
Flickr/kh1234567890
One hundred years of rigorous scientific research hasn’t dented the faith of adherents of homeopathy. The complementary therapy is still centred on the notion that water has a therapeutic “memory” and…
How young is too young to be prosecuted or convicted of a crime?
Flickr/Chris Runoff
The age of criminal responsibility acts as the gateway to the criminal justice system – under a certain age you are kept out.
Most jurisdictions have this age barrier because it’s widely understood children…
Will opening the door to region-specific content invoke the ire of rights holders?
AZRainman
The launch of a new internet service provider (ISP) in New Zealand isn’t something that would normally be worth mentioning.
But the launch of FYX (pronounced “fix”) by established online services provider…
Shows such as CSI have warped our understanding of what questioning is likely to achieve.
Facundo Arrizablaga/EPA
Commentators on Rupert Murdoch’s appearance at the Leveson Inquiry have pointed out some alleged inconsistencies between the evidence and his testimony, leading many commentators to reject Murdoch’s claims…
Raising the cost of FoI applications is not the answer.
Flickr/chrisjohnbeckett
The Gillard government will make a huge mistake if it follows through with plans to overturn freedom of information reforms and introduce an increase to the cost of applications.
The expected change comes…
If Australia is to set an example in the region, we need to clean up our constitution and abolish the race powers act.
AAP/Courtesy of Traditional Owners and Rio Tinto Alcan/Peter Eve
AUSTRALIA IN THE ASIAN CENTURY – A series examining Australia’s role in the rapidly transforming Asian region. Delivered in partnership with the Australian government.
Here, Dr Matt Harvey argues that…
Two teams of psychiatric assessors have come to different conclusions about Breivik's mental state.
AAP
On July 22, 2011, Norwegian Anders Breivik killed 75 people, as a statement against Norway’s liberal immigration policies. He was a member of an extreme right wing group and a product of a dysfunctional…
Falun Gong protestors outside the Chinese consulate in Sydney in 2008.
AAP/Dean Lewins
UPDATE: The Chinese nationals have now elected to stay in Australia, where they will seek asylum.
A group of ten Chinese people fleeing persecution in their home country has presented Australian authorities…
It's time for the government to review our national security laws.
Flickr/another_activist
More than ten years ago, the Australian public and policymakers overreacted to 9/11 and created a set of laws that went beyond what was needed to protect us against terrorism.
With the recent release…
Shamed senior police officer Mark Standen is lead away from King St Supreme Court after being found guilty of attempting to import a massive haul of pseudoephedrine.
AAP/Tracey Nearmy
The Australia21 report on illicit drugs draws much-needed attention to many serious issues, including the major role played by corrupt police in drug distribution networks.
The role played by drugs in…
The UK and Australia have both looked at reforming their counter-terrorism laws, but which country has been more rigorous?
Flickr/neeravbhatt
Within a couple of weeks of each other, the independent monitors of counter-terrorism laws in both the UK and Australia have delivered their reports assessing the operation of national security legislation…
Scientists are clear that tuna catch needs to be cut, but figuring out who will fish less and where is much trickier.
AAP
The eighth meeting of the Western and Central Pacific Fisheries Commission concluded in Guam on Friday 30 March 2012. Five hundred delegates from more than 40 countries argued for a week about how to reduce…
The government’s obligations to immigration detainees are very similar to those of prisoners.
AAP/Dean Lewins
A training manual instructing immigration detention centre guards to use force to incapacitate detainees was leaked this week. It included techniques to kick, punch and target pressure points on detainees…
Gina Rinehart with daughter Ginia Rinehart attend a State Reception for Queen Elizabeth II in Perth.
AAP/Lincoln Baker
The dispute between Australia’s richest person, Gina Rinehart, and her children is more than a private squabble between relatives.
The high profile of the litigants meant the case was always going to…
The High Court decision against Palm Island rioter, Lex Wotton highlights concerns about how little our constitution does to protect us.
AAP Image/Ian Hitchcock
By Peter Black, Queensland University of Technology
When a prisoner has served their time, it’s difficult to understand why they would be stopped from engaging in public debate or communicating with the media. But a new precedent has been set by the High…
Many groups have called for sharia, or Islamic law in Australia, but is it workable?
EPA/Andy Rain
A major Australian Islamic group recently argued for a formal recognition of sharia or Muslim law in the Australian legal system.
According to the Australian Federation of Islamic Councils, Australia…
The new Attorney-General, Nicola Roxon needs to commit to more serious reforms of human rights in Australia.
Flickr/Takver
While Australia makes much of its human rights standards in international dialogues, its own track record is variable to say the least – human rights concerns around the Northern Territory intervention…
The leadership spill could lead to constitutional confusion if Rudd wins next week's ballot.
AAP Image/Alan Porritt
Prime Minister Julia Gillard announced this morning that she will hold a leadership ballot at 10am on Monday, to “settle once and for all” Labor’s escalating leadership crisis.
Kevin Rudd has not formally…
Comments posted by the writer have seen Twitter sued for defamation.
Mosman Library
By Peter Black, Queensland University of Technology
Twitter is being sued for defamation by a Melbourne man who was wrongly identified as the author of a “hate blog” directed at writer and TV personality, Marieke Hardy.
Hardy posted a tweet last year to…
Tony Abbott says the end is near for the government, but can he bring it down?
AAP/Alan Porritt
After declaring the Gillard government was entering its “endgame”, opposition leader Tony Abbott is believed to be preparing to table a motion of no confidence.
Since Tasmanian independent Andrew Wilkie…
It's essential that we get it right when it comes to changing our constitution to recognise Aboriginal Australians.
Flickr/Rusty Stewart
Earlier this year, the Expert Panel on Constitutional Recognition of Indigenous Australians gave its final recommendations to the government.
Recognition would acknowledge the unique place of Aboriginal…
Convicted murderer Keli Lane is one of Australia's most famous cases of infanticide.
AAP Image/Dean Lewins
In December 2010, Keli Lane, a former champion water polo player, was convicted of the 1996 murder of her two day old daughter, Tegan. The new-born girl was never seen again after leaving the hospital…
The Treaty of Waitangi reminds us that indigenous people must be treated honourably before the law.
Sids1
Much is made of the Treaty of Waitangi as the vehicle for the recognition of Maori in New Zealand’s legal system. Australia lacks a treaty, the argument goes, and therefore is constitutionally disabled…
We should take a closer look at the history of the Constitution before reforming it.
Flickr/Rusty Stewart
The one recommendation of the Expert Panel on Indigenous Constitutional Recognition that everyone appears to support is the repeal of section 25 of the Constitution.
Section 25 says that if a State law…
If the US Research Works Bill passes, public access to US research will be restricted.
Flickr/the Firebottle
Over the Christmas period, a short Bill was introduced into the US House of Representatives. The Research Works Act aims to make it illegal to require researchers to make their work publicly available…
When people need to beg, the last thing we should be doing is seeing them as criminals.
Flickr/galawebdesign
The criminal offence of begging should be abolished.
Criminalising begging is tantamount to criminalising poverty. It perpetuates, rather than alleviates, the marginalisation and disadvantage experienced…
Opposition leader Tony Abbott has resurrected former coalition government policy to "turn back" boats seeking asylum in Australia.
(AAP Image/Tracey Nearmy)
Opposition leader Tony Abbott has said that under a coalition government every boat coming to Australia carrying asylum seekers will be sent back to Indonesia.
The Indonesian police, the United Nations…
The legalities of whaling and protesting aren't black and white.
wietse?/Flickr
Japanese whaling and Australian opposition to it has become as much a staple for the Australian media in summer as bushfires and the cricket. The level of interest has greatly intensified since Sea Shepherd…
Journalist or blogger? It's a thin line.
See-ming Lee æŽæ€æ˜Ž SML
Citizen journalists everywhere should be checking the fine print of media shield laws, after a US District Court judge in Oregon ruled that self-styled investigative blogger Crystal Cox was not a journalist…
If the republic is going to be put back on the political agenda in 2012, more will need to step up and talk more about the issue publicly.
Flickr/GregTheBusker
The new Attorney-General, Nicola Roxon, has made her intention clear to reignite the debate on Australia becoming a republic. On taking up the new position, she took the opportunity to stake out her position…
Suspect Bradley Manning is accused of "aiding the enemy" and faces court martial by a US military court.
EPA/BradleyManning.org/
The controversy over Wikileaks will today, at least temporarily, shift its focus from the website’s founder Julian Assange to suspected informant Private First Class Bradley Manning.
Today Manning will…
Newly appointed Attorney-General, Nicola Roxon may be surprised to find the bill of rights she doesn't want is already in place.
AAP Image/Julian Smith
The new Commonwealth Attorney-General, Nicola Roxon has said that in her new role she would not push for a bill of rights to be included in the constitution. But many would be surprised to learn she doesn…
It's time to recognise the first Australians in our constitution.
Flickr/Rusty Stewart
Last week, the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples concluded its deliberations on reform proposals.
While we wait on the release of their final…
Occupy protestors have a right to protest; police powers to move them on from public spaces should be questioned.
RynChristophe/Youtube
When police removed a young woman’s “tent dress” this week at the Occupy Melbourne encampment, it was yet another controversial interaction between protesters and authorities.
As shown in the Occupy movement…
Young offenders may not be equipped with the skills to help them deal with restorative justice.
Flickr/Pandham
Educating young offenders about the consequences of their crimes is a key way to ensure they don’t re-offend. But bringing them face to face with their victims may not always be the right way to go.
Young…
Australia's Ambassador to Indonesia, Greg Moriarty, has been working to secure the release of the 14 year old, amid huge media interest.
AFP/Sonny Tumbelaka
The arrest of a 14 year old Australian boy accused of possessing marijuana in Bali has provoked a media storm. The Australian Ambassador to Indonesia says the case is his “top priority”, and even the Prime…
ABC's The Slap investigates the complex and very personal views of those at the heart of a smacking case.
ABC
In last night’s ABC program, The Slap, an impulsive slap changed everything. A man struck someone else’s child at a barbecue provoking a legal challenge. In real life, that would be an assault, though…
What is Australia's responsibility for low-lying neighbours like Palau?
CasaDeQueso
The Pacific Island State of Palau recently announced it will seek an Advisory Opinion from the International Court of Justice (ICJ), asking whether countries have a responsibility to avoid their emissions…
Political activists and bad legislation have combined to create the extraordinary situation where eligibility for awards and prizes can’t be questioned.
Not all prizes and awards – we can still mock Wayne…
False recollections can lead to wrongful convictions.
Justin Gaurav Murgai
A recent series of articles on The Conversation focused on the value of forensic science in criminal cases.
Many specialities were covered. But what about forensic psychology?
Professionals in this field…
The ACCC has pledged to take more businesses to court over anti-competitive behaviour.
Hacklock
When the appointment of Rod Sims as chairman of the competition watchdog was announced earlier this year, there was disquiet among some competition lawyers.
Would Sims, an economist, readily appreciate…
The Centro case shows there are significant differences between the liability and penalty stages of a trial.
AAP
The Federal Court ruling in the Centro Properties Group case in June has been viewed by many as significantly raising the legal bar in relation to Australian company directors' duty of care.
Yet the penalties…
Australian law needs to catch up with technology which means we can be watched at any time.
Flickr/Esther Gibbons
Watching other people is human. It’s why TV shows like Big Brother, and paparazzi magazines flourish. But while some people choose to expose private moments, others do not. And Australian law doesn’t always…
In Australia, forensic evidence is coming under increasing scrutiny.
Andrea Hayward/AAP
FORENSICS AUSTRALIA – Jurors without technical training are frequently required to consider complex forensic evidence.
It’s not just a matter of understanding the forensic evidence: in the case of “opposing…
Bikie gang members in Adelaide last year protesting about laws aimed at breaking their organisations
AAP
Police across Australia have called for a uniform national law to deal with what they say is a severe criminal threat by outlaw motorcycle gangs.
The law would be similar to legislation in South Australia…
The battles currently being waged raise serious questions about patent law.
Yonhap/AAPIMAGE
The mobile patent wars, it seems, have reached Australian shores.
On Monday, representatives of Apple and Samsung were in the Australian Federal Court, fighting it out over Samsung’s Galaxy Tab tablet…
Would a right to privacy have helped Lara Bingle? AAP Image/Tracey Nearmy
Who would have predicted there would be serious talk of a statutory privacy tort in Australia, giving private individuals who feel their privacy as been breached the right to sue? But then again, who would…
It costs $207 a day to keep one prisoner in jail.
Flickr/winterofdiscontent
Australia’s prison population is decreasing. But it’s a little too early to break out the champagne. The huge regional differences reveal that imprisonment is not based on the crime you commit, but the…
The phones of victims of the London bombings were allegedly hacked by staff at the News of the World.
AFP/Dylan Martine/WPA pool
The British newspaper The News of the World is being investigated over allegations of hacking into the phones of relatives of the victims of the bombings in London in July 2005. It’s also thought those…
Former Securency chief financial officer Mitchell Anderson, left, is facing foreign bribery charges.
The laying of charges against two Reserve Bank of Australia subsidiaries and six of their former senior managers for alleged bribery of foreign officials represents a truly historic moment in Australian…
Demanding climate data won't provide a new window into global warming.
nasa hq photo/flickr
When it comes to obtaining research data, Canadian academic Steve Easterbrook said it best:
“Any fool knows you don’t get data from a scientist by using FOI requests, you do it by stroking their ego a…
Centro Properties Group's directors were found to have breached the Corporations Act.
AAP
The Centro Properties Group ruling is one of the most significant judgments we have had in the areas of corporate law and corporate governance in a number of years.
Federal Court Judge John Middleton…
Australia needs to reassess where it stands on mental health.
Flickr/knicolai
Even a cursory glance at Australia’s mental health system indicates shortcomings in the provision of a range of services to people with mental impairments.
Since 1993, when the Human Rights and Equal…
Despite attempts at regulatory reform, ratings agencies still act with little threat of litigation.
AAP
Standard & Poor’s downgraded Greece’s sovereign debt rating by three notches on Monday, reflecting its view that it would be next to impossible to imagine a scenario where the country could restructure…
ASIC's active involvement in litigating against company directors is unique.
The outcome of the corporate regulator’s pursuit of Centro Properties Group’s directors over alleged beaches of their duties will have far-reaching implications for corporate governance in Australia…
Under the rule of law bin Laden should have been captured.
AFP/Jim Watson
In the extensive debate about the killing of Osama bin Laden there has been very little discussion of the legal (and possibly moral) aspects of the US operation. This is especially true in the United States…
The Tarkine is our largest cool temperate rainforest, but will that be enough to save it?
Flickr/leonrw
Once a place is heritage listed, it’s protected, right? Wrong. Politics and a flawed statutory regime are undermining the independence of the listing system, and threatening Australia’s national treasures…
