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Open the Borders – a High Court Australia Constitutional Challenge

Most of us know that Queensland’s borders are not currently open for all and sundry to cross at will for whatever reason they fancy. What you may not be aware of is that there is a constitutional  challenge to the High Court of Australia on foot in an attempt to…

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Divorce in the time of the COVID-19 Pandemic

The health crisis in which we find ourselves has caused many to experience emotional stress, financial hardship, and feelings of social isolation arising from the act of physical distancing.  These increased stressors can create significant strain on couples. Constantly sharing the same space with your partner can cause even the…

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Robing in the ACT Supreme Court

“If you search the Internet, you will find websites to satisfy every sexual proclivity known to man and woman, but you won’t find anything relating to sexy barristers wearing a wig and gown.” Confessions Of A Barrister, by Russell Winnock. It is fitting perhaps that the above author has used…

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Juvenile Detention – Youth Justice Centres

The role of the Children’s Court is to hear and determine certain criminal matters involving children who are accused of committing crimes. All charges will start in the Children’s Court, and most will be finalised there. However ‘serious children’s indictable offences’ will be finalised in adult courts, following certain procedures pertaining to…

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What Does Pell Mean For Me?

The recent decision of the High Court in Pell has captured the interest of not only Australians, but also the world. But what does the case mean for individuals who also find themselves accused of historical sex offences? George Pell was tried before a jury in relation to allegations of…

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Reasonable doubt

“Unelected judges” are getting in the way of justice, overturning what juries have properly decided and thwarting what the community “knows” is right. Or so the story goes, fuelled by some media commentary. The recent case of Cardinal George Pell has attracted much attention, and criticism – but it is…

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Give the children a voice – an analysis of submissions made by Save the Children to the Joint Select Committee on Australia’s Family Law system

The Family Law Act 1975 (Cth) (“the Act”) stipulates a presumption that it is in a child’s best interests for that child’s parents to have equal shared responsibility for the child. Parental responsibility is defined in the Act as all the duties, powers, responsibility and authority which parents have in relation…

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AI wants to tag you in a crime

A few months ago, you may have seen news stories and online articles about the use of facial recognition technology by law enforcement agencies around the world. The facial recognition technology in question is a product of a company called Clearview AI, which was founded by Australian Hoan Ton-That. The technology…

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Fraud and cyber-crime to watch out for in the age of Corona

As the world becomes more technologically advanced, the way in which people commit crimes does too. For years there has been an upward trend in the commission of fraud and cybercrime offences. The more people that tap and go means fewer people with large amounts of cash in their wallets,…

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Going to Court during the Coronavirus Pandemic

We are presently in a global pandemic. Governments around the world have announced measures and policies to deal with and limit the spear of the COVID-19 virus. The Australian government, like most other countries, has taken significant steps which has included banning entry to Australia by non-residents, self-isolation measures for…

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COVID-19 Laws and Offences

The NSW government has implemented new and amended existing legislation as a result of the COVID-19 pandemic. One of the Acts that has been amended to introduce new law is the Public Health Act 2010 (NSW).  The Public Health Act is the legislation that pertains to the government’s protection, monitoring and regulation of…

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The COVID 19 Pandemic and Crime

The legislative amendments, Public Health Orders and restrictions put in place by the NSW government in light of the COVID 19 pandemic mean that police are now issuing people with infringement notices and court attendance notices where they believe a law has been broken. These legislative amendments, combined with the closure of…

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Police Powers to Enforce COVID-19 Social Distancing Rules

Police have powers under the Public Health Act 2010 (NSW) to enforce the Social Distancing Rules. You can get a copy of the rules on the NSW legislation website.  In summary, what the police can do is as follows: Issue you with a Penalty Notice: Police can issue on the spot fines to…

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Can children be charged with crimes?

We all know that teenagers, and even children, can commit crimes – but what happens when they do?  It’s not uncommon to hear myths or misconceptions surrounding children and crimes. From time to time we hear about children being tried as adults in the United States, stories about riots in…

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