Law & Order

Far-right French leader Marine Le Pen refuses court-ordered mental health test after tweeting pictures of Isis executions

‘I’d like to see how the judge would try and force me do it’, says former presidential candidate Chris Baynes The Independent French far-right leader Marine Le Pen has refused to undergo psychiatric examination that was ordered by a court after she tweeted graphic pictures of Isis violence. The National Rally leader told a judge to “try and force” her to undergo mental health evaluation, requested as part of an investigation into the dissemination of violent images. Ms Le Pen posted three graphic images ... Read More »

Woolf civil justice reforms have failed, says former judge

Lord Woolf’s radical reforms to cut costs, delay and complexity in the civil justice system have failed, a former judge says today. The Times Charles Harris, QC, a retired senior circuit judge, says that the aim of the reforms in 1996 was to reduce the rules governing civil court procedures to make the system simpler and more user-friendly. Yet the so-called white book containing the procedure had increased by more than 60 per cent to 6,488 pages, writes Mr Harris ... Read More »

Scott Morrison rejects AMA plea to bring children from Nauru to Australia

Prime minister rebuffs letter as no confidence motion against Peter Dutton fails by one vote Scott Morrison has rebuffed a plea from the Australian Medical Association to change policy on Nauru, and bring families and children to Australia, saying he will not “put at risk any element of… Katharine Murphy The Guardian The prime minister told reporters on Thursday the government was already in the process of “getting families off Nauru” and had pursued a refugee resettlement deal with the… ... Read More »

Appalling cases of abuse in aged care facilities prompt royal commission

AGED care facilities are meant to provide care for vulnerable, elderly residents. But a spate of appalling cases of abuse in Australian nursing homes has prompted a royal commission. Megan Palin and AAP – news.com.au PRIME Minister Scott Morrison will announce a royal commission into the aged care sector following appalling cases of abuse of elderly people, it’s been reported. Mr Morrison will announce the inquiry on Sunday, with the decision triggered in part by the Oakden nursing home scandal ... Read More »

Flogging of worthless life insurance policies laid bare

It shouldn’t be a surprise that the flogging of life insurance is the domain of the hard seller. It is the ultimate “grudge” purchase. Who, after all, wants to think about their own demise, let alone prepare for it? John Collett The Age “It has ever been thus,” says Peter Thornhill, who had a long career in funds management and life insurance in Australia and overseas. “People don’t perceive life insurance as a necessity and, as a consequence, it has ... Read More »

Germany’s heated asylum debate has dark parallels to events 30 years ago

It was a moment that has defined Angel Merkel’s chancellorship of Germany ever since. In early September 2015, she allowed thousands of refugees fleeing violence in Syria and Iraq to enter… Constantin Eckner The Conversation Merkel promised her people that Germany would be able to handle the growing influx of asylum seekers, but her decision provoked a… Since then, German politics has been largely dominated by that one controversial matter – asylum policy. In early September 2018, xenophobic riots rocked ... Read More »

Podcast: The necessity of Indigenous constitutional recognition

On this episode of The Lawyers Weekly Show, Jerome Doraisamy is joined by Sydney-based barristers Simeon Beckett and Susan Phillips. In this episode, Mr Beckett and Ms Phillips explain why it is so important for the Australian constitution to acknowledge the First Nations peoples and what change will emerge as a result, why the Bar Associations are so supportive of such a change, and the role of member associations across our national legal profession on sociocultural or… Podcast: The necessity… Read More »

War on Waste: Is it legal to take the junk people leave on the kerb for council clean-up?

Your neighbour has just put an old leather lounge out on the kerb for council clean-up. Alle McMahon ABC It would go perfectly in your living room, and you’ve seen people pick up furniture from the street before, but are you legally allowed to take it? Turns out it depends on where you live. What are the rules around taking items left on the kerb? The laws around salvaging — or “saving” items that would otherwise be destined for landfill ... Read More »

Kweku Adoboli: Home Office Rejects Ex-UBS Trader’s Latest Claim Against Deportation

He has been living in the UK since the age of 12. Nadine White HuffPost The Home Office has rejected a fresh claim against its decision to deport former UBS trader Kweku Adoboli to Ghana in a final appeal bid. Adoboli’s lawyer Jacqueline McKenzie told HuffPost UK his claim was not accepted on the basis that there is “no realistic prospect of success”. Barristers involved in the case have now been briefed on a judicial review currently being prepared for submission. Adoboli ... Read More »

Jailing of Reuters journalists ‘nothing to do with freedom of expression’, says Aung San Suu Kyi

Myanmar’s State Counsellor, Aung San Suu Kyi, says two jailed Reuters journalists can appeal their seven-year sentence, and that their jailing had nothing to do with freedom of expression. ABC Asked how she felt about jailing journalists as a democratic leader, Suu Kyi said: “They were not jailed because they were journalists, they were jailed because … the court has decided that they have broken the… She made her comments at the World Economic Forum on ASEAN in Hanoi on ... Read More »

‘It makes us all sick’: I don’t care what you think, and neither should you

There’s too much news this week. If we lived in a time of any sort of leadership, of any standard of decency in the national discourse, we would have stopped for a while, after Sunday. Glynn Greensmith WAtoday Another family, another community, ripped apart by violence. Tiny children brutally murdered. In our world, in our towns. Again. It stings the eyes, it punctures the soul. But with unconscionable haste we chase straight after the next controversy, the next chance to ... Read More »

Australia deports Iraqi asylum seeker whose appeal was due next week

Lawyers scrambled to get a legal injunction preventing the deportation but were kept from contacting the man in time. Helen Davidson The Guardian Australian immigration authorities have deported an Iraqi asylum seeker against his will and despite there being a pending court case scheduled to sit next week. Advocates and lawyers scrambled on Wednesday night to get a legal injunction but were prevented from contacting the man on the phone, and by the time a barrister was found to lodge ... Read More »

Macron to admit French torture during Algerian War

French president will recognize that the French military tortured and ultimately killed Maurice Audin. Zachary Young Politico PARIS — France was responsible for the disappearance of a pro-Algerian activist in 1957, Emmanuel Macron is set to acknowledge Thursday. Maurice Audin, a mathematician and member of the Algerian Communist Party (ACP), disappeared in Algiers in June 1957 after having been arrested in his home by French military. French intelligence suspected him of sheltering soldiers from the ACP’s guerrilla wing during the… ... Read More »

Reports of British Challenges to Chinese Claims in the South China Sea

International news media published coverage over the weekend of the British Navy warship HMS Albion conducting “freedom of navigation” operations (FONOPS) in the South China Sea. Katie Begley OpsLens Albion sailed near the Paracel Islands, land claimed by China but not recognized by the international community as Chinese sovereignty. The Paracel Islands, along with nearby Spratly Islands, are claimed by numerous nations surrounding the South China Sea. The Paracel Islands are claimed by China, Vietnam, and Taiwan. International Maritime Law ... Read More »

CBA admits to misleading advertising for heart attack cover

The Commonwealth Bank’s insurance arm has for the first time admitted to publishing misleading advertising that would have left customers thinking they were covered for heart attacks, when… Clancy Yeates The Age The royal commission into financial misconduct also heard the bank convinced the corporate watchdog to soften its language in a media release about the ads to remove an admission of wrongdoing. Its penalty for the misleading ads was a fraction of the maximum fine it could have… Senior ... Read More »

Breast cancer surgery wasn’t ‘radical’ enough for CommInsure

CommInsure refused to pay out a woman with breast cancer because it didn’t consider she’d had “radical” breast surgery, despite the evidence of her doctor and surgeon. Ruth Williams WAtoday The financial services royal commission on Thursday heard that CommInsure repeatedly denied her claim on the basis of an outdated and arbitrary definition of “radical” breast surgery, which it argued only included a mastectomy, despite that definition not appearing anywhere in the… The woman bought trauma insurance in 1996 and ... Read More »