Law Report

November 11 marks the 50th anniversary of the dismissal of Prime Minister Gough Whitlam by Governor-General Sir John Kerr — an event that exposed and tested the architecture of Australia's constitution.

The Australian Law Reform Commission is celebrating its 50th anniversary. The Law Report's Damien Carrick hosted an event in Melbourne to mark its half century.

The implied freedom of political communication has been at the centre of several recent high-profile court decisions. The Law Report asks: do Australians have a constitutional right to freedom of speech? And what form does it take?

The Federal Government says it wants to reform the Freedom of Information system - what's in the proposed changes? And is the law keeping up with the growing number of pornographic deepfake images of young people being shared online?

The High Court has unanimously upheld the use of police evidence obtained by monitoring an encrypted messaging app used by organised criminals. The decision is a huge victory for policing, but does it raise questions about the breadth of Australia's surveillance laws?

As driver assistance technology become more prevalent, a persistent question remains: who is liable in the event of an accident? And looking into a future where fully driverless cars take to Australian roads: what new laws will we need?

Queensland man Terry Irving was recently awarded $130,000 in damages for a malicious prosecution over 30 years ago. The Law Report looks at compensation for wrongful convictions in Australia and asks: do we need a better system?

How does the recent advisory opinion handed down by the International Court of Justice shape discussions around climate change at the United Nations? And do Pacific island nations – among the most vulnerable to the impacts of global warming – believe Australia is doing enough to combat climate change? 

Papua New Guinea is celebrating 50 years of independence from Australia. Among the country's historic achievements is the national constitution, created in the 1970s using a groundbreaking process of public consultations across PNG. Five decades on, how well has PNG's constitution served its people?

"Your failure to exhibit any remorse pours salt into all the victims' wounds," said Judge Christopher Beale in sentencing Erin Patterson to life in prison, with a non-parole period of 33 years, for the murder of her elderly in-laws.

A massive manhunt for alleged police shooter Dezi Freeman is continuing in Victoria's mountainous north east. The 56-year-old, who is accused of killing two police officers, has expressed ideas linked to the 'sovereign citizen' movement. Who are sovereign citizens? And what impact are they having on Australia's justice system?

Former Coalition Federal Minister Linda Reynolds has won her defamation case against former parliamentary staffer Brittany Higgins.It has been widely reported that both parties literally put their houses on the line to fund their legal campaigns and today, almost a year after the trial wrapped, Justice Paul Tottle of the WA Supreme Court ordered that Brittany Higgins pay Linda Reynolds $315,000 in damages and $26,000 in interest.The trial centred on three social media posts written by Brittany Higgins, four years after she alleges she was raped in parliament house by her then colleague Bruce Lehrmann.  The social media posts criticised her then boss Linda Reynolds.Defamation law expert Dr Jessica Lake joins host Damien Carrick to analyse why Higgins legal team defences of truth, fair comment and qualified privilege mostly failed and what this will mean for future defamation cases. To hear more in-depth expert coverage of the important legal stories and cases of the week search for The Law Report podcast on the ABC Listen app or wherever you get your podcasts.Guest: Defamation Law expert Dr Jessica Lake from Melbourne University Law School

Victoria is the latest jurisdiction to adopt laws that punish offenders who brag about their crimes on social media, as Western Australia considers a similar bill to increase the maximum prison sentence. Critics fear the legislation could stifle free speech and lead to a rise in youth incarceration. And Australian regulations around electronic cigarettes are being tightened - are the new rules working?

The Nine Network's Federal Court victory over high-profile surgeon Munjed Al Muderis marks the first time a media organisation has defended a defamation case on public interest grounds. And two people who claim to have directed a documentary being screened at the Melbourne International Film Festival are at the centre of an unusual legal fight.

The Federal Court has awarded a record $305,000 in damages to a young woman who was sexually harassed by her employer at a Sydney fast food restaurant. And is it time to change how Australian law defines terrorism?