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Daily wrap
Judge ‘did not authorise’ Lehrmann judgment book [SMH paywall]
The announcement of a book reproducing Justice Michael Lee’s decision in the high-profile defamation case has provoked a stern response from the Federal Court.
Senior Constable Kristian White will face a jury trial in November after he pleaded not guilty over the death of the great-grandmother who was tasered in a Snowy Mountains nursing home in 2023.
Editor’s picks
How should the law respond to the risks and benefits of Artificial Intelligence?
Guests: Martin Bernklau, Journalist and former court reporter based in Tübingen, Germany, Dr Simon Thorne, Senior Lecturer in Computer Science, Cardiff School of Technologies, Dr Armin Alimardani, Lecturer in Law and Emerging Technologies, University of Wollongong, Kathryn Terry, Lawyer; Team Leader, Victoria Law Reform Commission inquiry, "Artificial Intelligence in Victoria’s Courts and Tribunals"
The review found there is significant consistency across jurisdictions in provisions criminalising sexual conduct, particularly contact sexual offences, image-based sexual offences and child sexual abuse material offences.
However, there is less consistency across Australian jurisdictions in provisions criminalising conduct to enable unlawful sexual conduct, unlawful sexual conduct against specific groups and unlawful sexual conduct under particular circumstances.
Consent provisions across all jurisdictions incorporate a communicative model of consent, which requires there to be ongoing and mutual communication of consent through words or actions. The review found that there is a greater variation across jurisdictions in how, and to what extent, consent provisions incorporate this model, which additionally requires the active seeking of consent from others.
1 By interlocutory application dated 3 October 2024, Greensill Bank AG (in administration) (GBAG) and Dr Michael Frege (in his capacity as Insolvency Administrator of GBAG) (the Insolvency Administrator) seek a form of anti-anti-suit injunction against Marsh Limited (a company registered in England) and Marsh Pty Ltd (a company registered in Australia).
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3 There are ten proceedings before this Court (the Greensill Proceedings or the Australian Proceedings) in which the applicants seek judgment against Insurance Australia Limited (IAL) in respect of amounts alleged to be payable under insurance policies purportedly issued by BCC Trade Credit Pty Ltd (BCC) as authorised representative of IAL to GBAG and Greensill Capital Pty Limited (in liquidation) (GCPL). The claimed losses total approximately AUD 7 billion. Those claimed losses relate to debts owed to Greensill Capital (UK) Limited (in administration) (GCUK) by its customers under various purported supply chain or accounts receivable finance facilities. The applicants in the Greensill Proceedings invested in the finance programs set up by GCUK.
How can the law best address sexual offences in an appropriately sensitive way? How can complainants be properly supported despite the adversarial nature of our legal system? In this episode, Just Cause co-director Rachel Killean talks to Julia McLean about courtroom questioning in sexual offence proceedings, about Ground Rules hearings and recognising witnesses as diverse human beings, and about improving complainants' experiences with the criminal justice system. Julia McLean is a solicitor at the NSW Office of the Director of Public Prosecutions. She has also worked at the NSW Law Reform Commission and as a Headnote Reporter for the Council of Law Reporting for NSW. She is currently a Principal Legal Officer at the Australian Law Reform Commission working on the Justice Responses to Sexual Violence Inquiry. Julia completed the public prosecutor-in-residence program at the University of Sydney Law School in early 2024, where her research project focused on courtroom questioning of complainants in adult sexual offence prosecutions, including an examination of section 41 of the Evidence Act 1995 (NSW) and the use of Ground Rules Hearings.
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