The Wigs

The Wigs discuss the two recent high court decisions BMW Australia Ltd v Brewster/ Westpac Banking Corporation v Lenthall [2019]. A decision with big implications for how class actions are funded. Secondly the decision of NSW v Robinson [2019] in which the high court considered whether it is lawful for police to arrest someone for questioning and when they haven’t yet decided to charge them with a criminal offence. Lastly the wigs discuss rap group OneFour and their ongoing battle with the nsw police, can police and the courts stop them making their music?See omnystudio.com/listener for privacy information.

The Wigs discuss bringing in the troops to respond to the bushfires across Australia and speak to military law expert Dr Cameron Moore from the University of New England; the secretive criminal prosecution of Witness J in the Australian Capital Territory Supreme Court and are recent calls to criminalise the swastika in the state of Victoria a good idea and what can we learn about how symbols of hate are dealt with around the world?See omnystudio.com/listener for privacy information.

The Wigs discuss the latest from the monumental High Court decision in Love v Cth (why Aboriginal non-citizens can’t be deported). Plus an in depth interview with Sydney Morning Herald court reporter Michaela Whitbourn and the curious story of Alfred Piddington, Australia’s shortest serving High Court justice. Why did he never hear a case? CREDIT NOTE: The Piddington Society, The Australian Dictionary of Biography and Wikipedia for the history of Alfred Piddington. With our thanks.See omnystudio.com/listener for privacy information.

This is the first of a series of special episodes looking at the impact of the Corona Virus on Australia’s legal system and society. The Wigs discuss the Covid-19 related changes to the operation of the court system, the impact on prisoner populations and the way federal and state parliaments have responded to the virus.Our special guest is Rose Jackson MLC, a member of the NSW upper house who has a fascinating chat with The Wigs about how parliament is and should be responding to the crisis. See omnystudio.com/listener for privacy information.

The Wigs continue with our special Covid-19 episodes - This time we’re focusing on the restraints on movement and assembly imposed via public health powers in the wake of the coronavirus pandemic. See omnystudio.com/listener for privacy information.

The wigs chat with employment law expert and Barrister at State Chambers, Anton Duc. This episode was recorded on April 3rd, 2020 via zoom and, as such, the employment law landscape has changed since then. Stay tuned at the end of the episode as Anton provides a post script update. See omnystudio.com/listener for privacy information.

The Wigs recap some of the major cases highlighting in season 1 of the chart-topping podcast, including Pell v R and Annika Smethurst v AFP, (both discussed in detail). The Wigs discuss the cases from their practical perspectives as practising criminal law barristers.See omnystudio.com/listener for privacy information.

The Wigs are back! Kicking off season 2 with the inside story of the NSW Police attempt to ban the recent Black Lives Matter protest in Sydney. The three Wigs represented the protest organiser in the 24 hours leading up to the event and eventually secured a last minute appeal ruling that allowed a peaceful protest to go ahead.See omnystudio.com/listener for privacy information.

The Wigs discuss the situation involving former Justice of the High Court of Australia, Dyson Heydon.See omnystudio.com/listener for privacy information.

The Wigs discuss the recent US Supreme Court case of Bostock v Clayton County where a US man was fired for "conduct unbecoming a county employee". Why? He joined a gay softball team. He took the county on and ended up transforming US discrimination law. To add some Australian context the Wigs also interview Assoc Professor Wayne Morgan who talks about his decades of legal activism. Lastly, we profile William Ah Ket, a fascinating figure in Australian legal history.See omnystudio.com/listener for privacy information.

The Wigs put prosecutorial fairness under the microscope. First up is a discussion of a new decision of the NSW Supreme Court in Bradley v Senior Constable Chilby, where a defendant in local court proceedings demanded disclosure of details of his accuser's history of violence, drug use and dishonesty in a case where self-defence loomed large. Secondly the wigs discuss a recent decision of the High Court of Australia in Nguyen v The Queen - which decided a long standing controversy in criminal trial law in Australia. Does the prosecution have to put into evidence an interview with an accused person who doesn't make a confession, but rather denies the commission of the offence? The Wigs examine these new and important cases in a wide ranging discussion drawing on their practical experience as Criminal Lawyers.See omnystudio.com/listener for privacy information.

The Wigs sit down with author and fellow barrister Andrew Boe to talk about his new book The Truth Hurts - an unflinching exploration of the fault lines in our criminal justice system by an outsider who found his way in. Stick around for a reading by the author himself at the end of the Wigs’ interview with Andrew.See omnystudio.com/listener for privacy information.

In this episode the wigs tackle two topical legal issues. Firstly the controversial failed prosecution of NSW Minister Don Harwin. Secondly the operation of the NSW High Risk Offender scheme, under which people are detained and monitored for being an "unacceptable risk" of further criminal offending. See omnystudio.com/listener for privacy information.

The Wigs sat down with Geoffrey Robinson QC to talk about international law in the context of a war over Nagorno- Karabakh.    Geoffrey Robertson Q.C. is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship.  He is a founder and joint head of Doughty Street Chambers in London. He serves as a Master of the Bench at the Middle Temple, a recorder, and visiting professor at Queen Mary University of London.  See omnystudio.com/listener for privacy information.

In this episode the wigs are back into some complex black letter law. First up is an examination of the details of a new bill currently before the NSW state parliament which is proposed to give police sweeping new investigative powers in respect of people with drug supply convictions. A legitimate response to a social problem or another incursion into fundamental human rights? Next up is a discussion of another proposed law that will guide criminal courts as to how to take into account harm to the foetus occasioned during criminal offending. Reasonable recognition of harm or a stalking horse for the right to life lobby? Lastly the wigs discuss a recent federal court decision that examines the complex question of whether the commonwealth can detain proved refugees who have been refused visas on character grounds. See omnystudio.com/listener for privacy information.