The Wigs podcast

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Vor fünf Jahren hinzugefügt

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Threshold

1
Hark | 8 | The Queen's English 29:53

vor 8 Tagen29:53

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29:53

Living together in a group is a strategy many animals use to survive and thrive. And a big part of what makes that living situation successful is listening. In this episode, we explore the collaborative world of the naked mole rat. Threshold is nonprofit, listener-supported, and independently produced. You can support Threshold by donating today . To stay connected, sign up for our newsletter . Operation frog sound! Send us your frog sounds for an upcoming episode. We want you to go out, listen for frogs and toads, and record them. Just find someone croaking, and hit record on your phone. It doesn’t matter if there’s background noise. It doesn’t even matter if you’re not sure whether or not you’re hearing an amphibian—if you think you are, we would love to get a recording from you. Please also say your name and where you are in the world, and then email the recording to us at outreach@thresholdpodcast.org…

The Wigs

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The Wigs is a weekly-ish podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns as they deep dive into the scenarios and outcomes that make up our legal system.

80 Episoden

#Society #News Talk #Minnimal Productions #Law #News #Politics

The Wigs

26 subscribers

updated vor 2 Tagen

Serie-Home•Feed

80 Episoden

#Society #News Talk #Minnimal Productions #Law #News #Politics

Alle Folgen

The Wigs

1
Trying Historic Abuse Claims Without the Accused 40:00

vor 2 Tagen40:00

40:00

In this episode the Wigs discuss a trio of recent high court decisions that deal with a pretty new question, when can a civil claim for sexual abuse said to have occured many decades ago be fairly tried, even when the alleged assailant has died and much related evidence lost. This question has emerged following the abolition by state parliaments of statutes of limitation, that previously prevented such "historical" claims from being advanced. The discussion touches on a number of fundamental legal questions including what is a fair trial, what is abuse of process and how and when can the parliament legislate to effectively alter these principles. The cases discussed are Willmot v The State of Queensland [2024] HCA 42, RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 and GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore[2023] HCA 32. Now, See omnystudio.com/listener for privacy information.…

The Wigs

1
Proactive Policing: The Wigs Interview Journalist Paul Farrell 27:39

vor 5 weeks27:39

27:39

In this episode - Wigs Felicity and Emmanuel speak with journalist Paul Farrell about proactive policing particularly stop and search practices within the NSW Police Force. Paul is an investigative reporter who has worked at the ABC, the Guardian and Buzzfeed News, breaking major national and international stories. He led the Guardian's Nauru files reporting team, which published thousands of pages of leaked documents from Australia's offshore detention regime and won a number of journalism awards. See omnystudio.com/listener for privacy information.…

The Wigs

1
Final Episode of the Year - Answering YOUR Questions (Part 2) 39:45

vor 15 weeks39:45

39:45

Our final episode for 2024! This is part 2 of our speed round - answering your questions! If you have a question for the Wigs, feel free to shout out to us on Facebook. And don’t forget to rate, review and subscribe to the podcast. Have a happy and safe holiday break and new year to all our lovely, loyal listeners. We love you! Jim, Flic, Manny and Steve. See omnystudio.com/listener for privacy information.…

The Wigs

1
End of Year Special! Answering Listener Questions! 55:56

vor 18 weeks55:56

55:56

As a finale for 2024, the Wigs took listener questions and answered them in a speed round. This is Part 1 of the speed round covering a range of topics from the right to disconnect as an employee, to the Disability Royal Commission recommendations, the age of criminal responsibility and the use of good character evidence in sentence proceedings. If you have a question for the Wigs, feel free to shout out to us on Facebook. And don’t forget to rate, review and subscribe to the podcast. See omnystudio.com/listener for privacy information.…

The Wigs

1
Stephen interviews Ghassan Kassisieh (law, politics & a few things in between) 1:46:43

vor 22 weeks1:46:43

1:46:43

In this episode Stephen sits down for a wide ranging chat with Barrister Ghassan Kassisieh. The discussion is lengthy and covers lgbt rights, international politics, refugees, the politicisation of gay rights in the Israeli / Palestinian conflict and comparative law, among other things. Ghassan is a Barrister at 12 Wentworth Selbourne chambers in Sydney after being called to the Bar in September 2024. He has a public and commercial law practice. Ghassan was previously Legal Director at Equality Australia where his legal policy advocacy contributed to over 16 LGBTIQ+ legislative reforms, including Australia’s first scheme regulating medical procedures performed on intersex people without capacity to consent. Ghassan also has over 13 years’ experience working as a solicitor in commercial litigation and regulatory matters at Gilbert + Tobin in Sydney and Freshfields in London. We hope you enjoy the chat! See omnystudio.com/listener for privacy information.…

The Wigs

1
The Knitting Nanas take on Anti-Protest Laws and Win 56:00

vor 26 weeks56:00

56:00

It’s not every day of the week that a law is struck down as unconstitutional but that’s exactly what happened in the case of the Knitting Nanas against the State of NSW. Two Knitting Nanas Helen Kvelde and Dominique Jacobs with the help of the Environmental Defenders Office launched a constitutional challenge to s 214A of the Crimes Act 1900 that criminalised certain conduct such as remaining “near” any part of a “major facility” (such as Town Hall or Martin Place Station) if that conduct “causes persons attempting to use the major facility to be redirected”, or if that conduct caused “partial closure” of the major facility, on the basis it impermissibly burdens the implied freedom of political communication. Reacting to the win, Knitting Nana Helen Kvelde said “We are happy the court has given some acknowledgement to the democratic right to protest. But these laws to me feel like a distraction. As if both Labor and the Liberal Party are trying to get the population angry with protesters instead of angry against politicians for failing to protect us from climate emergency. I’m not sure what we can do next, but it doesn’t feel right to just let this go. We need to fight for our democratic right to protest peacefully. I wish people would understand that ultimately these laws could affect anyone – anyone the government of the day does not like.” See omnystudio.com/listener for privacy information.…

The Wigs

1
Is the Trump prosecution really a 'political witch hunt'? Many say yes, Judge says no 46:02

vor 33 weeks46:02

46:02

In this episode the wigs analyse the latest judgment in the federal prosecution of donald trump, in which the trial judge soundly rejected his application to terminate the prosecution on the basis that the biden administration is targeting him in a selective and vindictive manner. Judge Chutkan in rejecting the application also refused the former president discovery of documents in support of his application on the basis it was not supported by sufficiently cogent evidence. The Wigs in analysing the case compare the basis on which a political prosecution can be terminated in the USA with Australia and discuss cases here that have featured somewhat similar issues. See omnystudio.com/listener for privacy information.…

The Wigs

1
The Legal Requirements On Police To Consider Alternatives To Arrest 57:38

vor 37 weeks57:38

57:38

In this episode the wigs discuss a new police powers decision, Julie Bugmy v NSW Director of Public Prosecutions 2024 NSWCA 70, a recent decision of the NSW Court of Appeal. It concerns the law applicable when police arrest a person believed to have breached a condition of a grant of bail. Wig Stephen Lawrence actually appeared in the matter, instructed by his old employer the Aboriginal Legal Service NSW/ACT way back when it began in 2022 in the local court in Broken Hill before Magistrate Trad and the episode begins with a re-enactment of Stephen's short cross-examination of the main witness. The issues focused on in the cross-examination proved to be decisive in the appeal and concerned the legal requirements on police to consider certain circumstances and alternatives to arrest before arresting a person for breach of bail. See omnystudio.com/listener for privacy information.…

The Wigs

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The Wigs Live - Reasonable Cause CPD 2024 57:38

vor 41 weeks57:38

57:38

In March this year, the Wigs were back to record a live show at the Reasonable Cause Continuing Professional Development Conference. The topic was Ethics for Defence Lawyers and the panel discussion you are about to hear examined the basis of ethical obligations, the nature of the fiduciary obligations lawyers have, common ethical breaches, some of the reasons why they occur, and how lawyers should respond to complaints. Reasonable Cause CPD gives 100% of its net profit to Reasonable Cause Inc., a charity that focuses on assisting disadvantaged young Cambodians to advance their education. Friend of The Wigs Mark Dennis SC runs Reasonable Cause and The Wigs are always happy to assist a very reasonable cause by donating their time. More info on reasonable cause at rccpd.net.au. See omnystudio.com/listener for privacy information.…

The Wigs

1
Foreign Bribery: Analysing The Changes To The Criminal Code 42:02

vor 49 weeks42:02

42:02

In this episode, the wigs tackle a bill that passed the federal parliament recently and very substantially amended the part of the Criminal Code 1995 that creates crimes related to engaging in bribery in foreign countries. The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 passed the Senate on 29 February 2024. These laws implement Australia's international commitments to combat foreign bribery and impose substantial penalties on individuals and companies who engage in bribery while engaging in business overseas. The Wigs analyse the policy rationales for the laws, the elements, and some of the defences. The discussion also touches on some recent Australian prosecutions for this conduct. See omnystudio.com/listener for privacy information.…

The Wigs

1
Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer! 1:07:13

vor 1 year1:07:13

1:07:13

In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt. See omnystudio.com/listener for privacy information.…

The Wigs

1
Extra Wigs: The Law Is A Meme 47:21

vor 1 year47:21

47:21

In this Wigs Extra Episode we present something a little unusual: a speech that Wig Emmanuel Kerkyasharian gave to the Legal Studies Association. Asked to speak about basic legal concepts in the context of the Legal Studies Syllabus, Emmanuel couldn’t resist the temptation to go philosophical, and presented a speech about what law is, and how it can be conceptualised as a meme. Many thanks to the LSA for sharing this recording with us and allowing us to present it to you. See omnystudio.com/listener for privacy information.…

The Wigs

1
Back for 2024! - Judge Newlinds and criticisms of the Director of Public Prosecutions 1:10:43

vor 1 year1:10:43

1:10:43

Welcome back to the Wigs for a brand new year! We have been on an extended summer break and hope you have enjoyed a great break too. In this episode, recorded at the end of last year, The Wigs examine a recent decision of NSW District Court Judge Newlinds in R v Martinez. The judgment has already been the subject of much media attention and concerns a successful costs application made by Martinez following their acquittal on four charges of sexual assault. The judge, in awarding a costs certificate to the accused, made scathing criticisms of the Director of Public Prosecutions and raised concerns that in sexual offence matters the DPP is applying a surreptitious and improper policy under which sexual offences are prosecuted without proper regard to the strength of the Crown case. The DPP responded furiously to the judgment publicly stating a Judicial Commission complaint would be made against Judge Newlinds. The case raises unusual factual matters and interesting legal and policy matters. Now, See omnystudio.com/listener for privacy information.…

The Wigs

1
Felicity Graham interviews David Buchanan SC 55:13

vor 1 year55:13

55:13

This week we are delighted to have as a guest of the Wigs, David Buchanan SC. David is a quiet and unassuming legend of the criminal law in NSW. Admitted to legal practice in 1975 and then called to the Bar in 1977, in the decades between then and now he has not wearied nor lost his zeal and professional dedication. He was appointed Senior Counsel in 1997 and has almost retired after a long career of practising as both a prosecutor and defence counsel in NSW. He has been a champion of social justice, particularly in his work for, and in, the gay and lesbian community and in response to the HIV/AIDS epidemic both in Australia and overseas. In this interview with Wig Felicity Graham, David shares his personal insights, reflects on his journey through the law, the influences on him, some of his key cases and his tips for surviving and thriving as a criminal law practitioner today. Enjoy the show! See omnystudio.com/listener for privacy information.…

The Wigs

1
The Vanderstock Decision: The Exclusive Power of the Commonwealth to Levy Duties of Excise 34:26

vor 1 year34:26

34:26

In this episode the wigs discuss Vanderstock and Victoria a very fiscally important recent decision of the High Court of Australia. The constitution reserves to the federal government the power to levy excises, essentially taxes on goods. The issue in Vanderstock was whether the Victorian government's electric vehicle levy, charged to owners per km of use was in fact an excise and therefore constitutionally invalid. Victoria said no, the Cth and Vanderstock said yes. In finding the levy invalid the majority departed from decades of case law and potentially fundamentally altered the fiscal balance across the federation. See omnystudio.com/listener for privacy information.…

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