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Trial by Podcast

#51 – What is ICAC and why is everyone talking about it?

In case you somehow missed it, Gladys Berejiklian resigned from her position as NSW Premier in September after ICAC announced they were investigating whether she breached the public trust.

In this Trial By Podcast, Graduate Lawyers William Wade and Emma Jagot unpack what ICAC is, and take a deep dive into why everyone is talking about it.

#50 – Halloween Special: Haunted Houses

In this episode of the Trial By Podcast, law graduates Emma Jagot and Jacqueline White discuss the laws in place to help homebuyers avoid buying property with a spooky past.

#49 – Hey Alexa: Are our AI smart assistants recording us?

Whether it’s Alexa, Google Home or Siri, most of us probably use at least one of these. But a heated topic of debate continues to surround these devices: are they listening to us and recording our conversations?

In this next episode of Trial By Podcast, Graduate Lawyers Monique Messenger and William Wade answer three of our biggest questions:
– Are they recording my conversations?
– Where is that information stored?
– What is being done with that data?

#48 – Fairfax Media Publications v Voller: Media companies liable for comments on Facebook posts

The High Court confirmed on 8 September 2021 that media companies are responsible for the disparaging comments made on their Facebook posts, and can even be sued for these comments.

Law Graduates Jacqueline White and William Wade discuss the case of Fairfax Media Publications v Voller, and some of the potential consequences of the decision made by the High Court.

#47 – 5 unusual legal cases that actually happened in Australia

From citizen’s arrests by anti-Uber activists, to a Sydneysider implanting the chip from an Opal travel card into his hand, we have seen some unique legal cases pop up over the years.

In this episode of Trial By Podcast, Law Graduates Emma Jagot and Monique Messenger count down their top five most unusual legal cases in Australia.

#46 – How do the Australian Miscarriage Law Reforms compare internationally?

In today’s episode, Law Graduates Monique Messenger and William Wade will be discussing an area of law reform which has been received well in the headlines: the NSW miscarriage law reform and federal reform to the Fair Work Act.

But, they will also be broadening this conversation to look at how Australia compares internationally when it comes to parental leave policies, like with New Zealand, Taiwan and India.

If you have any questions about this topic, don’t hesitate to get in contact with us through our website, or on Instagram, @TrialByPodcast.

#45 – Transgender athletes and the law

New Zealander Laurel Hubbard became one of the first openly transgenders athletes to compete in an Olympic Games this year. However, her participation was heavily criticised as she was competing in the over 87-kilogram weightlifting event. Some critics deemed this to be unfair as she was born biologically male.

Where does the law lie for female transgender athletes?

Law Graduates Emma Jagot and Jacqueline White discuss the guidelines for female transgender athletes competing in the Olympics, and the rules with other sports bodies.

#44 – Battery on the footy pitch: Consent to injury in sports

Why is it that sports players involved in serious acts of violence during a game are rarely criminally prosecuted, and are often only put on report or suspended by the relevant sporting body?

Law Graduates Emma Jagot and William Wade discuss this and relevant case law in this episode of Trial By Podcast.

#43 – Consent Law Reform in New South Wales

In this episode of Trial By Podcast, Law Graduates Monique Messenger and Jacqueline White will be looking at the changes to consent laws in New South Wales.

Please note sexual assault is discussed in this episode, which may be distressing for some listeners. If you would like to skip to the segment focussing on the changes to consent laws, please go to 9 minutes 30 seconds.

Helplines:
1800 RESPECT (1800 737 732)
NSW Rape Crisis (1800 424 017)
Sexual Assault Counselling Australia (1800 211 028)

#42 – Climate change and class actions: Environmental advocacy in Australian courts

At the end of last month, a defining moment occurred in Australian
litigation: a group of teenagers sued the Australian environment minister.

Why?

They alleged that he had failed to protect young people from the climate change impacts of a coal mine project.

In fact, climate litigation in Australian courts has been steadily increasing in the last few years.

Law graduates Emma Jagot and William Wade discuss:
– The outcome of this case
– Another prominent climate case brought against a superannuation company
– What both matters mean for environmental advocacy

#41 – Debate: Should judges have a mandatory retirement age?

In Australia, judges have a mandatory retirement age of between 70 and 75. But decades on from when this law was introduced, is it time to make it a thing of the past?

In this episode, law graduates Jacqueline White and William Wade debate both sides of the argument: that the mandatory retirement age should exist, and that the mandatory retirement age should be dropped.

After listening to both sides, what’s your stance?

#40 – So, you want to sue Google: Internet search engines and defamation

Have you ever searched your name online? Were you happy with the results that appeared?

In today’s episode, lawyer Elise Newling and law graduate Emma Jagot discuss two legal cases in which Google was sued for defamation.

They also discuss the steps you can take if defamatory material is published about you online.

#39 – #FreeBritney and conservatorship

The #FreeBritney movement, and Britney Spears’ conservatorship, has had a lot of media attention in recent years. But why is Britney under conservatorship? And do we have a similar arrangement here in Australia?

Hosted by Stephanie Andrews, a lawyer in McCabe Curwood’s Litigation and Dispute Resolution group, and law graduate Monique Messenger.

#38 – The path to Principal

In this episode, Chiara Rawlins, Principal in the Litigation and Dispute Resolution group at McCabe Curwood, talks to law graduates Monique Messenger and William Wade about her path to Principal.

Chiara has a candid discussion on her career journey, the challenges she has faced, and the advice she would give to people seeking a career in law.

#37 – Unfair Contract Terms

Most of us have accepted a product or service’s ‘Terms and Conditions’ without actually reading them, like with gym memberships or mobile phone plans. But what if one of the terms in the contract allowed the brand to increase fees without telling you? What if, instead of paying $50 a month, they could suddenly increase it to $100?

In this episode, Lawyer Emma Connolly and Law Graduate Monique Messenger take a look at Unfair Contract Terms, and the recent amendments made to the legislation. They also discuss McCabe Curwood’s new app, MC Act, which helps businesses and individuals identify unfair contract terms.

You can access MC Act here.

#36 – ‘Riding with pets’: Dogs and Ubers

Uber is now trialling ‘Uber Pet’, which allows people to ride with their pet. With 4 in every 10 Australian households owning a dog, it’s a service many of us will be interested in. However, this raises questions on how the laws surrounding dogs in cars would apply.

Law grads Jacqueline White and Monique Messenger discuss:

  • The NSW legislation governing the rules and regulations of restraining dogs in cars
  • Penalties faced, including potential fines and imprisonment
  • Who might be liable if legislation is breached when ‘Riding with pets’: the owner, driver, or the corporation Uber itself?

#35 – The McCabe Curwood Graduate Program

McCabe Curwood’s 2021 rotating graduate program launched last month. In the first episode of Trial by Podcast for the year, new graduates Emma Jagot and William Wade ask lawyers (and past-graduates) Stephanie Andrews and Andrew Gouveia about their experiences in the program.

This includes:

  • their biggest concerns when starting as law graduates
  • the team they thought they would settle in, and where they actually ended up
  • why they chose McCabe Curwood’s graduate program over other firms.

#34 – Could your employer make you get the COVID-19 vaccine?

The first COVID-19 vaccines have been rolled out in a handful of countries overseas, and Australia is set to launch their program at the beginning of 2021. A number of legal issues will likely arise during this, one being whether your employer can make you get the vaccine.

In the final episode of the series, Emma Connolly and Lachlan Hallab discuss a recent case involving an employee’s refusal to get the flu vaccine, and how this might translate with Australia’s COVID-19 vaccine roll-out next year.

#33 – Voter fraud

Today’s episode looks at a topic widely circulated over the past few weeks: voter fraud. Trump accuses the Democratic Party of using it to win the 2020 US Presidential Election. But when are claims of voter fraud baseless, how does it apply in Australia, and what are the penalties? Law Graduate Andrew Gouveia answers all this and discusses some unique voter fraud cases you probably aren’t aware of.

# 32 – Transgender inmates and prison allocation

In this episode we’re looking at one of the primary issues facing transgender people in Australian correctional centres: which prison do they serve time in, the prison of their biological sex or of their identified gender? Law Graduate, Talia Mason, looks at how it works in each state across Australia, and key areas of concern for this community.

# 31 – Oscar Wylee: Misleading marketing could cost you millions

This episode looks at charitable promises made by businesses, and how misleading marketing could cost you millions. Emma Connolly and Lachlan Hallab particularly look at eyewear retailer Oscar Wylee, who was fined $3.5 million for contravening the Australian Consumer Law.

# 30 – What is the news media bargaining code, and why is it so controversial?

You may have seen #AFairCode trending online, or Facebook and Instagram threatening to stop Australians sharing and spreading news on their platforms. In this episode of Trial by Podcast, Andrew Gouveia looks at the news media bargaining code and how it could impact on everyday social media users, online platforms, news outlets and journalists.

# 29 – Cease and Desist! Is that an order?

What is a Cease and Desist order, what do they do and how do you get one? In this episode, Emma Connolly and Talia Mason discuss this and the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd.

 

# 28 – Can a male’s sperm become property, and who owns it when they die?

Can sperm become property? When a man dies, could it be owned by someone else? Law Graduates Andrew Gouveia and Lachlan Hallab take a look at this fascinating topic in this next episode of Trial by Podcast.

#27 – Digital defamation: One comment online could land you in legal hot water

Most of us don’t think twice about our everyday social media interactions, so it may surprise you to learn that a Google business review, comment on social media or even a text message has landed people in legal hot water in the past. Law Graduate Talia Mason looks at some of these prominent defamation cases, and outlines changes to the NSW defamation law passed by NSW Parliament earlier this month.

#26 – PeaNOT Butter: Lessons learnt from intellectual property cases

Why was there a dispute over the packaging of two peanut butter brands? Why is Hungry Jack’s not called Burger King? What lessons can businesses learn from these intellectual property cases? All covered in this episode of Trial by Podcast, with Law Graduates Lachlan Hallab and Emma Connolly.

 #25 – Animal rights

In episode 25 of Trial by Podcast, McCabe Curwood Lawyer Tal Prigan looks at the commodification and rights of animals today.

 #24 – Is your favourite social media influencer misleading you?

Scroll through your social media feeds: are many of the influencers you follow selling a product from another brand? Is it a paid advertisement? Has it been made clear this is the case? In this episode of Trial by Podcast, Law Graduate Andrew Gouveia looks at the legal implications of influencer marketing on social media.

#23 – Equity crowd-sourced funding: Raising funds for your business

Are you a start-up business looking to raise funds? You might be considering equity crowd-sourced funding, which allows businesses to do this through an online intermediary. Join Michele Izzo, an Associate in McCabe Curwood’s Corporate team, and Law Graduate Andrew Gouveia, as they discuss who is eligible for crowd-sourced funding and the different stages involved in the process.

#22 – The Pell Decision: Reinforcing the legal standard of beyond reasonable doubt

In this next episode of Trial by Podcast, Law Graduates Lachlan Hallab and Emma Connolly look at the reasoning of the High Court in the controversial decision to quash the convictions of George Pell.

#21 – Mining in space: One small step for man, one giant leap for… lawyers?

Ever wondered about mining and space, and whether or not it is actually legal? In this episode of Trial by Podcast, Law Graduate Andrew Gouveia discusses this, along with other legal issues of mining in space.

#20 – Lawyers and Reality TV: Sharn Coombes on Australian Survivor

Law Graduates Emma Connolly and Lachlan Hallab look at lawyers and reality television, particularly focussing on Sharn Coombes – two-time runner up of Australian Survivor.

#19 – Unpacking the JobKeeper wage subsidy scheme

In this episode of Trial by Podcast, Consultant Kate Staude and Lawyer Liliana Freeman unpack the JobKeeper wage subsidy scheme, recently implemented by the Australian Government amid the COVID-19 pandemic.

#18 – COVID-19 Special Edition Part 2: All other things law during the Coronavirus pandemic

Episode 18 is Part 2 of Trial by Podcast’s COVID-19 Special Edition. In this episode, Lawyers Stephanie Andrews and Gidon Kangisser talk all other things law during the COVID-19 pandemic. Topics include insolvency and bankruptcy reforms, directors’ duties to prevent insolvent trading, employment, and cybersecurity.

#17 – COVID-19 Special Edition Part 1: Contractual issues arising from the Coronavirus pandemic

Episode 17 is Part 1 of Trial by Podcast’s COVID-19 Special Edition. Lawyers Stephanie Andrews and Gidon Kangisser discuss contractual issues arising from the Coronavirus pandemic including force majeure, the doctrine of frustration and termination of contract.

#16 – Is your force majeure clause wide enough to catch the Coronavirus?

In episode 16 of Trial by Podcast, Law Graduate Andrew Gouveia discusses whether Coronavirus could be considered a force majeure event, and the implications this could have on a contract. He also offers practical tips and key elements for drafting force majeure clauses going forward.

#15 – Crash course in subpoenas to produce for law graduates and junior lawyers

In episode fifteen of Trial by Podcast, Lawyer Stephanie Andrews and Law Graduate Talia Mason unpack subpoenas. From how to draft a subpoena, to the difference between conduct money and compliance costs, this is the perfect crash course for law graduates and junior lawyers.

#14 – Pets and Apartments

In episode fourteen of Trial by Podcast, Law Graduate Ethan Aitchison and Law Graduate Stephanie Lowy discuss what to do when you move into an apartment and the strata by-laws don’t allow for your pet to live with you.

#13 – Digital Assets and Estate Planning

In episode thirteen of Trial by Podcast Lawyer Stephanie Andrews prompts you to consider estate planning for your digital assets such as your social media accounts, music and photo clouds.

#12 – Privacy Protection

When it comes to drones, how private is your privacy? In episode twelve of Trial by Podcast, lawyer Ivan Chan looks at how drones can affect your privacy.

#11 – When poor grammar costs you $5million

When it comes to writing an email, a formal letter to a colleague, or even a text message to a friend, the ramifications of making a mistake while typing are insignificant. However, in the context of legal drafting, mistakes or typos, however small, can have significant financial consequences. In this Trial by Podcast, we will explore three cases where this couldn’t be more true, in fact, in one of the cases, a missing Oxford comma resulted in a US$5 million compensation payout.

#10 – Six social media lessons to keep you employed

In episode ten, Gidon Kangisser and Elisa Blakers talk about social media and its impact on your employment. They will give you six quick lessons to cover the possible repercussions of bad-mouthing your boss over Facebook, to the ownership of your LinkedIn contacts.

#9 – The law on heartbreak: when courtship goes to court

In this episode, Luke Dominish talks about breaking up, specifically, what happens to an engagement ring, or other gifts, when a marriage doesn’t go ahead as planned?

#8 – Slips, Trips And Other Christmas Gifts

Once upon a time in a land far, far away where NSW law reigns supreme, there was a town called Northpole. This is where our story begins. Be warned, this is not a happy story but a cautionary tale, a tale of three elves; Twinkle, Buddy and Holly.

#7 – How to grow and protect intellectual property?

McCabes’ solicitors Danton Stoloff and Amelia Cooper discuss what intellectual property is, how entrepreneurs can protect their ideas and how this adds value to an enterprise. A must-listen for all Australian entrepreneurs and start-ups.

#6 – Let’s talk about Mental Health

Welcome to Trial by Podcast’s bonus episode for National Mental Health Week where Solicitor Guy Lewis interviews The Wellness Doctrine’s author Jerome Doraisamy. Guy and Jerome discuss some of the issues related to mental health that young lawyers and law students may experience and explore ways that professionals can take care of their wellbeing.

#5 – Will it be illegal to run without a helmet?

Vanessa Turner from our Insurance group discusses the perceived nanny state, personal responsibility and duty of care. Listen in to find out where there is liability for harm and in which circumstances it is an individual’s own responsibility.

#4 – Directors’ duties: what are your obligations?

Do you have a great business idea? Have you ever considered starting up your own company? Have you considered which business structure is right for you? And what are your obligations as a director of a company? If these questions have ever crossed your mind, then you need to tune into this podcast.

#3 – Who owns your tattoo?

Who owns the copyright of your tattoo? It may not be you. Original works of art normally belongs to the artist, giving them exclusive rights of control of reproduction, public presentation and the ability to profit from their work. Amelia Cooper covers what this means for tattoo wearers, whether there are legal consequences in displaying your tattoo and how to own the copyright of the tattoo.

#2 – Estate planning and pets

In episode two Dylan Heffernan discusses pets and estate planning. Whether this is making sure your pet isn’t passed on to your loved ones as property or establishing a trust to cover their ongoing care, Dylan covers all bases on this topic.

#1 – Who has possession of your body when you die?

In episode one of Trial by Podcast, litigation lawyer Luke Dominish goes back 100 years to examine English and Australian cases discussing burial rites, human tissue and sperm samples to determine what can happen to your body when you die.

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