r/auslaw

▲ 47 r/auslaw

Can I just say how grateful I am that your federal court facilitates live streams?

🍁lawyer here. As a person who is often in court, it’s actually incredibly difficult to carve out the time to watch other people in court- which is too bad, because I get a lot out of observing. I’ve benefited so much from being able to watch the YouTube streams of matters from the Australian federal court, I wish I could count it as CLE. My country doesn’t have anything approaching this level of online access to court proceedings. I feel that watching Australian matters during my parental leave has kept the law part of my brain from totally atrophying (it has instead only mostly atrophied.) Do you find that lawyers in Australia take advantage of this availability and watch as well, or is that not a thing?

reddit.com
u/Technical-Sweet-8249 — 3 hours ago
🔥 Hot ▲ 79 r/auslaw

Live footage from the offices of Barbooks today

u/iamplasma — 20 hours ago
🔥 Hot ▲ 64 r/auslaw

TFW HH isn't paying attention...

>AFL appeals board finds Tribunal hearing that found a conviction and fine for Port Adelaide's Zak Butters abusing an umpire was a miscarriage of justice

>...
The AFL has apologised for the inconvenience caused to all parties after a tribunal decision to fine Zak Butters for abusive language against umpire Nick Foot was thrown out on appeal.

>...

>The board then took less than 15 minutes to return a decision on the first item of Butters's appeal — that a member of the original tribunal panel, Jason Johnson, had infringed on Butters's right to a fair hearing by leaving his office during the hearing to drive to an open inspection.

>He took part in the latter stages of the hearing by phone.

>

>In the hearing, Butters's counsel, Paul Ehrlich KC, said Johnson's behaviour was "inexplicable" and "amounted to a miscarriage of justice".

>Butters's case was that for a period of at least 12 to 14 minutes Johnson was driving his car in the final stages of the hearing, which included closing submissions by Butters's original counsel.

>Counsel for the AFL Albert Dinelli KC argued that Johnson's actions were "regrettable", this did not mean that the original decision should be overturned.

>"The relevant test is not just that it led to an error of law, but that it had a material impact on the decision," he said.

>"It was a minor lapse and not one that could be described as serious inattention.

Great Stuff

reddit.com
u/Outside_Discount_409 — 2 days ago
▲ 8 r/auslaw

Headnote newsletter

Does anyone know the details of what happened to the Headnote newsletter? They went on Christmas hiatus and never came back.

reddit.com
u/ArtIsResist4nce — 1 day ago
▲ 3 r/auslaw

Weekly Students, Careers & Clerkships Thread

This thread is a place for /r/Auslaw's more curious types to glean career advice from our experienced contributors. Need advice on clerkships? Want to know about life in law? Have a question about your career in law (at any stage, from clerk to partner/GC and beyond). Confused about what your dad means when he says 'articles'? Just ask here.

reddit.com
u/AutoModerator — 2 days ago
🔥 Hot ▲ 53 r/auslaw

The two minutes extra going through security really does make the difference:

u/Kasey-KC — 2 days ago
▲ 30 r/auslaw

Poignant and sad

In a spot which will be familiar to many here if they frequent the Phillip Street precinct.

We all missed this.

u/marcellouswp — 2 days ago
▲ 18 r/auslaw

AI Usage New Law Firm

Hi,

What are people using in their firms in terms of AI?

P.S. this post is short because it kept thinking I was breaching rules. Hopefully this doesn't.

Thanks all!

reddit.com
u/Broad-Curve-230 — 3 days ago
▲ 28 r/auslaw

Legal immunity for ghosts?

If my ghost summoned to appear in court for offense commited post mortem, can I successfully argue that I lost my legal personhood upon death, and thus the elements are not met because the Act clearly states it's an offence for a *person* to commited the offending act? Also, if given a life sentence, am I immediately released?

reddit.com
u/Draxacoffilus — 3 days ago
🔥 Hot ▲ 71 r/auslaw

What price is too high? A serious discussion about the ethics of immunity.

Based on this article.

>Four Australian soldiers have admitted they killed Afghan nationals on the orders of Ben Roberts-Smith and have given detailed evidence to prosecutors in the war crimes case against him, court documents allege.

>The testimony of the soldiers, who have been granted immunity from prosecution for their involvement, was revealed in a police statement of facts, as Roberts-Smith was granted bail by a Sydney court while awaiting trial for five charges of war crime – murder.

>
https://www.smh.com.au/national/roberts-smith-sat-impassively-as-judge-revealed-exceptional-circumstances-to-release-him-20260416-p5zoe7.html

The reality of investigating serious crime means that sometimes you have to make deals with the devil, but giving four murderers a free pass has to be a new extreme. My question of all of you is does it go too far?

Personally it sits uneasily with me, but I can see an argument for doing it. BRS is a high profile scalp. Very few people will be unaware of this case. There is a strong deterrent value in future servicemen and women believing that the green wall of silence will not protect them. Maybe this was the only realistic way the investigators had of making a case against any of them, and the juice is worth the squeeze.

The argument against however is that these four men actually carried out the murders, and even if they were ordered to do so, they had an obligation to not carry out the unlawful order. We hanged people at Nuremberg who tried the defence of I was only following orders, and now we grant them immunity? I'd be far more comfortable with discounts for assistance.

u/Worldly_Tomorrow_869 — 4 days ago
🔥 Hot ▲ 164 r/auslaw

When is the legislation going to catch up with the times? Ban email now!

u/IIAOPSW — 5 days ago
🔥 Hot ▲ 66 r/auslaw

Car swerves along road, trying to shake off woman clinging onto bonnet

Shaw was charged with dangerous operation of a motor vehicle.

The ordeal was so strange, even Magistrate Sarah Thompson said "in 25 years of practice ... I have never seen such bizarre behaviour".

"The behaviour of the complainant was erratic, it was dangerous, it placed you in danger, you also placed her in danger," Thompson said.

"It was a poor decision that you made in the circumstances, being confronted with what anyone objectively would see as a terrifying situation."

Shaw was disqualified from driving for six months.

A rising para-athlete, her dreams of competing at the LA Paralympics in 2028 could be in jeopardy.

9news.com.au
u/CutePattern1098 — 5 days ago
▲ 24 r/auslaw

BRS Seeks Public Funding for Defence

Ben Roberts-Smith is seeking public funding for his criminal defence after being charged with war crimes over the alleged murders of five unarmed detainees in Afghanistan.

The former Special Air Service corporal has applied for funding from the Afghanistan Inquiry Legal Assistance Scheme to cover his criminal defence, but has not yet received approval.

Caps apply to the amount that may be recovered under the scheme. According to the most recent rates available publicly, dated September 2021, the maximum rate for a senior solicitor including a partner is $550 an hour up to a maximum daily rate of $3000 for six hours.

“Work undertaken by a firm of solicitors must be undertaken at the lowest appropriate level in the firm and billed accordingly,” an assessment of costs document says.

Roberts-Smith was charged last week with five counts of the Commonwealth offence of war crime – murder over the alleged killing of five unarmed detainees while he was on deployment in Afghanistan between 2009 and 2012. The offences must be tried before a jury, and carry a maximum penalty of life imprisonment.

Three of the five counts involve an allegation of aiding, abetting, counselling or procuring the offence of war crime – murder. In addition, he is charged with one count of war crime – murder, and one count of joint commission of war crime – murder.

Under the offence, the alleged perpetrator must cause the death of a person who was “neither taking an active part in the hostilities nor are members of an organised armed group”, when they knew or were reckless about the circumstances establishing that the person was not engaged in hostilities.

u/Outside_Discount_409 — 6 days ago