Not Just a Lawyer
By Not Just a Lawyer
Talking law & other hot topics in Australian society.
Access to justice starts with access to legal information. Every week, I explain a pressing legal or social issue in clear words. I also explain legal words so you can feel more comfortable dealing with the legal system.
I talk about personal stuff when it intersects with hot topics or being a damn good lawyer.
May include mild swears!
Views are my own & given in good faith based on personal experience. No legal advice or confidential information contained within. May contain cat hair.
Now presented by www.sarahaverylegalpractice.com.au
Not Just a LawyerMar 04, 2024
00:00
58:16
BREAKING NEWS: apprehended bias decision in Drumgold v Board of Enquiry and others
Acknowledgment of Country.
CW: the case that started it all is a high-profile sexual assault matter. Breaking news on the ACT Supreme Court’s decision in this highly-publicised, complex and super-interesting matter. I translate from legalese and give cringe-worthy facts their day in the sun, but most importantly, I help you understand this important case. Read the full decision here: www.courts.act.gov.au/__data/assets/pdf_file/0003/2408133/Drumgold-v-Board-of-Inquiry-and-Ors-No.-3-2024-ACTSC-58.pdf
CW: the case that started it all is a high-profile sexual assault matter. Breaking news on the ACT Supreme Court’s decision in this highly-publicised, complex and super-interesting matter. I translate from legalese and give cringe-worthy facts their day in the sun, but most importantly, I help you understand this important case. Read the full decision here: www.courts.act.gov.au/__data/assets/pdf_file/0003/2408133/Drumgold-v-Board-of-Inquiry-and-Ors-No.-3-2024-ACTSC-58.pdf
Mar 04, 202458:16
Water safety: my number one rescue tip
Acknowledgement of Country. A not-very-lawyerly episode. My swimming teacher experience and coastal upbringing have given me some knowledge, and I share that with you! Disclaimer: I’m not your swimming teacher (see, I’m still lawyerly). Great resources: www.surflifesaving.com.au/beach-safety/rip-currents/ and www.royallifesaving.com.au/about/campaigns-and-programs/Water-Safety and your local swim school or surf lifesaving club. Bonus: My voice is soothing and you can use this as a sleep aid. Happy new year!
Dec 30, 202332:38
Aftermath of shame: referendum 2023
Acknowledgment of Country. Call to action to allies of Aboriginal and Torres Strait Islander folks: don’t freeze, don’t be silent. VOICE TREATY TRUTH
Oct 25, 202321:08
Easy science primer: Kathleen Folbigg’s pardon
Acknowledgement of Country. An easy to understand guide to the science behind Kathleen Folbigg’s pardon. Sources: omim.org and The Guardian at amp.theguardian.com/australia-news/2023/may/07/kathleen-folbigg-science-sheds-new-light-on-case-of-mother-convicted-of-murdering-her-children and ABC at amp.abc.net.au/article/102406772. For more information about rock pocket mice: www.biointeractive.org/classroom-resources/making-fittest-natural-selection-and-adaptation
Jun 07, 202327:07
A Not Just a Lawyer referral: Kathleen Folbigg discussed on the Guardian’s Full Story podcast
Acknowledgement of Country. Kathleen Folbigg case encounters science. Science is very important. Justice is very important, but I can’t do this issue justice so I refer you here: podcasts.apple.com/au/podcast/full-story/id1482061243?i=1000612189847
May 09, 202303:41
VOICE (Voice, Treaty, Truth). Answers to your questions from the ANU
Acknowledgement of Country. Voice, treaty and truth are all important. Referendum on the Voice is imminent, so the Australian National University (ANU) answers some burning questions. Find their answers here: www.anu.edu.au/about/strategic-planning/indigenous-voice-to-parliament
Apr 05, 202303:51
26 January
Acknowledgment of Country. Voice, Treaty and Truth. Cool stuff happening in Coffs Harbour (Gumbaynggirr Country). To access the Guardian’s podcast with Professor Megan Davis, click here: www.theguardian.com/australia-news/audio/2023/jan/20/the-details-on-the-indigenous-voice-to-parliament-with-megan-davis To see the website for the Gumbaynggirr Giingana Freedom School, click here: www.giinganaschool.org.au
Jan 25, 202305:44
Is Google a defamer?
Acknowledgement of Country. A short, sharp explainer of an interesting High Court decision about defamation. Google LLC v Defteros [2022] HCA 27. Credit to Parisa Hart for her article in Ethos, Summer 2022
Jan 11, 202308:46
PRIMER: what is (and what will soon not be) the AAT?
Acknowledgment of Country. What is the AAT? What’s all the fuss?
Jan 04, 202307:48
2022: Reflections from the obstinately self-reliant
Acknowledgement of Country. I share the most important thing I have learned this year. On a tangentially-related note, I encourage you to donate life via organ and tissue donation here: www.donatelife.gov.au
Dec 14, 202221:27
What do you get for the jury who has everything?
Acknowledgement of Country. Jury can’t make up its mind? Has all the facts and all the law but still needs more? Shazam! They need a Black direction, courtesy of the High Court of Australia (Black v The Queen [1993] HCA 71; 179 CLR 44). Bonus movie review: Joh’s Jury. Enjoy, or get frustrated trying!
Oct 29, 202209:27
The case of the disobedient juror
Acknowledgement of Country. The sexual assault trial DPP v Lehrmann has been aborted, because a juror disobeyed the Chief Judge’s direction. Find out more here: www.courts.act.gov.au/supreme/judgments/director-of-public-prosecutions-v-lehrmann-no-5
Oct 28, 202211:15
King’s Counsel, and the Cab Rank Rule
Acknowledgement of Country. What is a King’s Counsel? And a refresher on the cab rank rule.
Sep 21, 202205:55
Spit hoods? Safety hoods? No, cruelty hoods.
Acknowledgement of Country. Very short update on spit hoods and QLD.
Sep 20, 202204:45
BREAKING NEWS: Bernard COLLAERY prosecution dropped
Acknowledgement of Country and NAIDOC week. Update and breaking news: Commonwealth Attorney-General decides to stop prosecution of Bernard Collaery. Issues include open justice & rule of law. See previous episodes Season 2, 22 & Season 2, 44 for important background. Australian Financial Review article available here: https://www.afr.com/politics/federal/dreyfus-orders-bernard-collaery-case-dropped-20220707-p5azvx
Jul 07, 202205:32
I’M BACK, AND NOW WE WILL HAVE RIGHTS AND REMEDIES
Acknowledgment of Country this NAIDOC Week. Update on the “no rights without remedy” petition. Spoiler: there will be remedies! Except, maybe, if the ACT police are allegedly involved. Here’s the report: www.parliament.act.gov.au/__data/assets/pdf_file/0006/2023764/JCS-Report-7-Report-into-the-Inquiry-into-Petition-32-21-No-Rights-Without-Remedy.pdf#page13
Jul 06, 202214:58
What are human rights without a remedy?
Acknowledgement of Country. If we can’t enforce our rights, what do they really mean? A petition before the ACT Legislative Assembly seeks to give them meaning. If you want to hear an in-depth forum on International Human Rights Day (10 December 2021), which is online and free, register here: hrc.act.gov.au/making-human-rights-complaints-accessible-in-the-act/
Dec 01, 202112:58
Case theory and defamation: live issues in recent media reporting about William Tyrrell
Acknowledgement of Country. Quick recap on Case Theory (please see Season 1, Episode 22) and past defamation episodes (please see Season 2, Episodes 20 and 34). Discussion of how these 2 issues are arising in the media coverage of new NSW police efforts to work out what happened to William Tyrrell who has been missing since 12 September 2014. Helpful analysis of this situation by Paul Barry of ABC’s Media Watch program 22 November 2021 (available here: www.abc.net.au/mediawatch/episodes/tyrrell/13642850 ).
Nov 24, 202113:47
REFERRAL: do you have, or are you, a pain in the neck?
Acknowledgment of Country. Interested in the biopsychosocial model of health? Or, maybe you would be if I broke it down for you into a word of less than 6 or 7 syllables? Get put off by words that sound impressive but are too complex? I know I am! Listen to me explain what “biopsychosocial” means (it’s easy to understand, I promise) and then check out the Ologies podcast episode on Dolorology (the study of pain). Look after yourselves, excellent humans!
Nov 17, 202107:45
The LAWYER PROJECT Report
Acknowledgement of Country. Hear all about the Law Council of Australia’s Lawyer Project Report. I provide and easy to understand summary of the 56 page report. The full report can be found here: www.lawcouncil.asn.au/publicassets/330febe2-323d-ec11-9443-005056be13b5/The%20Lawyer%20Project%20Report.pdf
Nov 10, 202121:41
An unusual appeal
Acknowledgement of Country. Today I talk about an appeal that focuses on one useful example of what procedural fairness looks like. What went wrong? How was it dealt with? (Hint: unusually) Adams v Navaratnam
[2021] ACTSC 256. See the full judgment here: www.courts.act.gov.au/supreme/judgments/adams-v-navaratnam
[2021] ACTSC 256. See the full judgment here: www.courts.act.gov.au/supreme/judgments/adams-v-navaratnam
Nov 03, 202119:48
HAPPY INTERSEX DAY OF AWARENESS 2021
Content warning: a brief mention of non-consensual medical treatment. Acknowledgement of Country. Great work by A Gender Agenda and SHFPACT on their excellent resource “Including Intersex” which can be found here: www.shfpact.org.au/news-and-updates/418-including-intersex?fbclid=IwAR12cP5EOmZiHQCqyqB79bjptCNp3UE9rXuRIaNOMUcMtJrOBYO8Ybwv5ms
Oct 25, 202110:25
Happy International Pronoun Day!
Acknowledgement of Country. What is a pronoun? How do I use them? Why should I use these “new” pronouns? Answer: you’ll help a non-binary fairy get their wings. How can I practice them? Hint: pronouns.minus18.org.au
Oct 20, 202110:44
How to get a good education at google university aka the internet
Acknowledgement of Country. Have you heard of CrashCourse? Now you have. Plus, a fun science fact about something you do all the time - breathing! Get into it! Or, keep at it, I hope you’re already breathing and continue to do so!
Oct 13, 202113:28
BREAKING NEWS: ACT Court of Appeal Decision in Collaery v The Queen (No 2) - SECRECY vs OPEN JUSTICE
Acknowledgement of Country. BREAKING NEWS in this matter today, 6 Oct 2021. See the judgement summary here: www.courts.act.gov.au/__data/assets/pdf_file/0004/1870627/Collaery-v-The-Queen-Judgment-Summary.pdf
Oct 06, 202108:07
PRIMER: Where there’s a WILL, there’s a way
Acknowledgement of Country. All about Wills and Enduring Powers of Attorney, and why you need them now! Legal information to help you understand how to give yourself and your loved ones peace of mind at a really difficult time (that’s a euphemism for when you die). And a terrible (but one of my favourites) joke at the end! Thank you!
Sep 29, 202129:32
Death by police pursuit - the senseless death of Raymond Noel
Acknowledgement of Country. A Victorian Coroner has found that Raymond Noel died during an unjustified and frightening police pursuit. This is another senseless death of an Aboriginal man in connection with the criminal justice system.
Sep 22, 202112:20
What is a ZERO DAY, and why should you drop everything and update your apple software right now?
Read the title, do it, then come back. Acknowledgement of Country. Book recommendation: Countdown to Zero Day by Kim Zetter. Podcast recommendation: the Darknet Diaries. Seriously go update stuff now!
Sep 14, 202105:27
Mental Health First Aid!
Acknowledgement of Country. Have you always wondered what to expect from a Mental Health First Aid course? Wonder no more! You can find one here: www.mhfa.com.au If you need to chat to someone right now, Lifeline is available on 13 11 14.
Sep 08, 202108:20
Equal Pay Day & Merger of Family Court and Federal Circuit Court
Acknowledgment of Country. Equal Pay Day and what we still need to measure. Merger of the Family Court and Federal Circuit Court on 1 September 2021 - what the average person in the street needs to know.
Aug 31, 202114:33
Have you emailed your tree lately?
Acknowledgement of Country. Emailing plants. Les-fic. Need I say more?
Aug 25, 202105:23
Rock-solid or built on sand: the implied freedom of political communication
Acknowledgement of Country. A chat about the High Court decision in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18. I am greatly indebted to Dr Michelle Sharpe for her article in the Law Society of NSW Journal, Issue 80, for breaking this case down. I have built on her work to simplify it further for this podcast.
Aug 18, 202114:52
Recruiting Judges in the ACT
Acknowledgement of Country. A short episode about recruiting Judges!
Aug 11, 202109:10
BONUS EPISODE: I love roller derby and I’m playing on 7 August 2021!
Acknowledgement of Country. A snippet of information about the game of roller derby & why I love it. Sarah Avery Legal Practice is a proud sponsor of Canberra Roller Derby League.
Aug 04, 202106:58
An update on defamation law reform!
Acknowledgement of Country. Picking up where episode 20 of season 2 left off (why can politicians sue for defamation) I chat about recent changes to defamation law, and then send you off to listen to law-talking folks with greater knowledge!
Aug 04, 202109:59
Podcast referral: Season 3, Episode 9 of I Catch Killers
Acknowledgement of Country. Be-on-the-lookout-for-copaganda-warning. Referral to a really interesting episode where forensic psychologist Dr Sarah Yule talks about how forensic psychology can help with criminal investigations. She’s refreshingly down to earth and frank about the limitations of her specialised field.
Jul 28, 202104:39
COVID 19 and Aboriginal deaths (and misery) in custody
Acknowledgment of Country. Content warning: deaths in custody & suicide. Lifeline: 131114. COVID 19 restrictions are linked to a recent death in custody, and are creating even more punishing conditions for prisoners.
Jul 21, 202108:00
NAIDOC WEEK #2: go and listen to Dr Chelsea Watego. NOW, please.
Content warning: domestic violence, racism, sexism. Acknowledgement of Country. I give a few definitions and give you useful background on my female clients’ experience with prosecution for domestic violence. Then you will get cracking over to this interview with Dr Chelsea Watego from 6 July 2021, pronto: m.mixcloud.com/3crtuesdaybreakfast/3cr-tuesday-breakfast-6-july-2021-interview-dr-chelsea-watego/?fbclid=IwAR3c9lcze6Q2K47GGqA_7RJNkpYntALBONxWnQ91E4TFs_lqSirdb8LIKdc Lifeline: 131114
Jul 07, 202114:45
NAIDOC Week 2021 “Heal Country”
Acknowledgement of Country. NAIDOC Week 2021. Mabo decision: www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1992/23.html
Jul 07, 202114:06
PRIMER: what is a private prosecution?
Acknowledgement of Country. What is a private prosecution? Question: Can I bring one? Answer: probably. Question: Should I? Answer: I can’t give you legal advice, but probably not! As with everything, it depends.
Jun 30, 202112:18
Bonus episode: experts and OMCGs
Acknowledgement of Country. This bonus episode augments episode 27, and points you to the parts of the judgment that deal with expert OMCG evidence.
Jun 24, 202104:20
Talking to myself: a Judge gives himself jury directions
Acknowledgement of Country. This episode seizes upon a unique opportunity to hear the directions that a Judge usually gives to a jury. Because of the COVID emergency, the matter I talk about, which would usually be heard by a jury, was heard by a Judge. That Judge, Justice Mossop of the ACT Supreme Court, had to tell himself all of the things he would usually tell a jury, and it’s fascinating. I refer to R v Sidaros (No 5) [2020] ACTSC 354 in this weeks’s interesting episode.
Jun 23, 202132:26
Breaking news: ROBODEBT class action
Acknowledgment of Country. Content warning: human suffering and suicide. Lifeline 131114. Hear what Justice Murphy of the Federal Court of Australia had to say about Robodebt on 11 June 2021. Spoiler, it’s not in any way like Robocop. If you are here for effective robotic law enforcement, these are not the droids you are looking for.
Jun 16, 202116:23
Breaking news: 23 prominent NSW Barristers speak out in support of affirmative consent laws
Content warning: sexual assault. Acknowledgement of Country. Update on where NSW’s barristers stand on proposed consent laws reforms. Pop back to episode 23 for context! Lifeline: 131114.
Jun 09, 202106:09
PRIMER: who is an asylum seeker and who is a refugee?
Acknowledgement of Country. Primer: who is an asylum seeker and who is a refugee? Sources include Refugee Council of Australia, Red Cross, and Australian Parliamentary Library.
Jun 02, 202120:34
Breaking news: consent law reform in NSW
Content warning: sexual assault. Acknowledgment of Country and of Reconciliation Week. Primer on NSW consent law. Primer on expert and NSW Bar Association response, as well as Australian Lawyers Alliance response. Restorative justice. My own views! Lifeline 131114.
May 27, 202113:51
PRIMER: what is the Witness K and Bernard Collaery matter all about?
Acknowledgement of Country. A primer for people who have heard the names Witness K and Bernard Collaery, and want to know more. Open justice and rule of law also discussed.
May 26, 202116:36
Early release: IDAHOBIT DAY 2021
Content warning: discrimination and non-consensual medical procedures. Acknowledgement of Country. Happy IDAHOBIT Day! Some education for everyday folks about the Darlington Statement. Please see ihra.org.au for the full text. With thanks to A Gender Agenda (and Cody in particular) for their work on this issue. Lifeline is there on 131114 if any of this content causes you concern.
May 17, 202113:35
Why can politicians sue for defamation?
Acknowledgement of Country. In Australia, do we have freedom of speech? No? Oh, ok. Well, we have an implied freedom of political communication, right? Yep. So why can politicians sue for defamation? FIND OUT HERE!
May 12, 202113:28
A day in the life of a trust account!
Acknowledgement of Country. A day in the life of a boutique law firm’s trust account? Yes, please!
May 05, 202112:26