Category: Criminal Law

Marriage Equality is Law, But the Religious Freedoms Debate Continues


By Paul Gregoire and Ugur Nedim It was an historic moment last Thursday, when the marriage equality bill passed through the lower house of parliament, enshrining same-sex marriage in the law. It brought an end to the Howard government’s ban on LGBTIQ marriages, enacted by a 2004 amendment to the Marriage Act. Despite concerns the passage of the ...

Victims of Crime May Be Given Access to Perpetrators’ Super Funds


By Zeb Holmes and Ugur Nedim Federal Minister for Revenue and Financial Services, Kelly O’Dwyer, has announced a review of the laws governing superannuation with a view to allowing victims of crime to access the funds of perpetrators. Ms O’Dwyer noted that the rules regarding the early release of superannuation have changed very little since 1977, ...

Protesting Pine Gap: An Interview with Peace Pilgrim Margaret Pestorius


Pine Gap is the top-secret US-run military base hidden in the Australian outback, just outside of Alice Springs. Officially known as the Joint Defence Facility Pine Gap, the base was presented to the Australian public as a space research centre, when it was established back in 1966. However, it’s long been known the CIA is behind ...

Turnbull Appoints Anti-Charity Campaigner as Head of Charities Commission


Australian charities and other not-for-profits have always played a key role in providing necessary services to some of society’s most vulnerable and disadvantaged people. Indeed, prior to the second world war, charities, not government, provided the majority of social services in this country. The Productivity Commission’s 2010 Contribution of the Not-for-Profit Sector report outlined there are ...

Men Imprisoned Over Death of Lynette Daley


By Zeb Holmes and Ugur Nedim Two men have been sentenced to imprisonment over the violent sexual assault and death of 33-year old Lynette Daley. Ms Daley died from injuries sustained during a sexual act committed by her ‘on-again-off-again’ boyfriend, 43-year old Adrian Attwater and his 47-year old friend Paul Maris, during a camping trip ...

Defendant Appeals after Pleading Guilty Due to Incorrect Legal Advice


By Paul Gregoire and Ugur Nedim On the afternoon of 26 May 2015, Brett Ritchie was pulled over by police as he was driving down the Oxley Highway near Wauchope. The officers then arrested him due to outstanding warrants. Whilst standing next to the car, Mr Ritchie removed a fabric sunglasses case from his pocket ...

Turnbull’s Foreign Donations Laws: Suppressing Anti-Government Sentiment


By Zeb Holmes and Ugur Nedim Political donations by foreigners will be banned and overseas government lobbyists will be required to declare their interests under new laws proposed by the Turnbull government. The legislation will be introduced amid concerns regarding the influence of Chinese government agents and political donations to Australian politicians. The reasoning “Foreign ...

Prohibition is a Recipe for Failure


By Paul Gregoire and Ugur Nedim On 2 June 2011, the Global Commission on Drug Policy declared that the “war on drugs has failed”. The declaration marked a significant shift in public attitude towards the 40-year-old policy launched by US president Richard Nixon that saw the intensification of drug law enforcement worldwide. The high-level international commission is ...

Asylum Seeker Rights: An Interview with NZ MP Golriz Ghahraman


The 600 asylum seekers the Australian government is continuing to hold on Manus Island are now staying in transit centres in Lorengau. The facilities aren’t fully complete. There’s insufficient room to accommodate them all. And there’s a lack of water. The final 328 asylum seekers, who remained within the now defunct detention centre, were forcibly removed ...

What is the Rule of Law?


The rule of law is a term that was first coined by Oxford law professor Albert V Dicey in 1885. In general terms, it’s the principle that law should govern a nation, and both the government and individuals are equally subject and accountable to the law. It is meant to protect against the arbitrary use of ...