Gertie's Law

"What is a podcast?" Gertie's Law executive producer Sarah Dolan talks to StoryCraft host Ben Hart about how the Supreme Court of Victoria embraced new media to educate and inform in an entertaining way. See omnystudio.com/listener for privacy information.

We've received your questions and in this final episode of Gertie’s Law, they get answered. What influences lawyers to challenge a juror during empanelment? Does a murder involving family violence attract a larger sentence? When does criticism become defamation? And are there more right wing terrorist cases coming to the court? Hear the answers to these questions and more in the final episode of Gertie’s Law. See omnystudio.com/listener for privacy information.

Last episode we looked at completed terrorist acts, and why they attract such large sentences, however cases involving completed terrorist acts are rare, indeed the first one in Victoria was in 2019. Most terrorism cases which come before the Supreme Court occur before an act of terrorism has taken place. They’re preparatory offenses, that is, preparing to commit a terrorist act or conspiring to prepare for a terrorist act.  In this episode we look at the difficult problem of how far back is the right time to criminalise preparatory offenses. Too far back and you confront the idea of thought crimes. Too late and the results may well be horrendous.  Hear from judges, defense and prosecution barristers and find out how these cases are argued and what happens when they come to the Supreme Court.  Links to cases discussed in this episode. The Queen v Cerantonio & Ors R v Fattal & Ors     See omnystudio.com/listener for privacy information.

Terrorism cases are among the most high-profile offences to come to the Supreme Court. The trials are complicated and usually long, as are the resulting sentences. The cases attract a lot of public interest. On the day of a sentence, the public galleries and press seats will be full, and TV cameras, lights and journos will be set up outside the Court to film what they can.  Only a few terrorism trials have been heard in Australia, and in this episode we look closely at two of them. This episode of Gertie’s Law details what terrorist offences are, and what happens when they come before a judge of the Supreme Court.   Links to cases discussed in this episode. The Queen v Shoma The Queen v Mohamed, Chaarani & Moukhaibe Court of Appeal Chaarani & Ors v The Queen High Court Chaarani v The Queen; Moukhaiber v The Queen   See omnystudio.com/listener for privacy information.

Courtrooms can be stressful places, especially if you’re giving evidence. Two of the court’s recent employees, Lucy and Coop are helping to take the stress out of being in court.  See omnystudio.com/listener for privacy information.

Most Victorians have heard of Sir Redmond Barry, not least because there’s so many things named after him in Melbourne. And notoriously, he’s the judge who sentenced Ned Kelly to the gallows. But his impact on Melbourne extends far beyond the Kelly story. From defending Aboriginal resistance fighters to getting into a duel, Barry is undoubtedly one of the courts, and indeed the city's, most influential and fascinating figures. See omnystudio.com/listener for privacy information.

Defamation. Often salacious or scandalous, especially when it involves Hollywood Stars or high profile federal politicians. It’s about defending one’s honour - and earning capacity. It’s an area of law where a person’s right to protect their reputation rubs up against someone else’s freedom of expression. Defamation cases are the juridical stage on which these incredible battles of fundamental rights and freedoms play out. There’s a lot to consider before launching defamation action, not least whether the action itself increases the damage of the offending material.  And a lot of defamation is now happening online but our laws were written before the internet was invented, so keeping up with technology is essential to successful defamation laws. But it’s not a new problem. A case against the ABC when broadcasting began in the 1930s faced similar issues. Hear from judges and barristers about prosecuting and deciding these difficult cases. Links to matters discussed in this episode Meldrum v Australian Broadcasting Co Ltd Webb & Bloch Dow Jones and Company Inc v Gutnick   See omnystudio.com/listener for privacy information.

It’s time to talk about manslaughter - one of the most controversial and misunderstood offences that comes before the court, due to its high range of culpability and sometimes fine line between it and murder. From a legal point of view it’s a very clear line between murder and manslaughter. The problem is that factually it’s not always easy to look at a case and say which of the categories it falls into.  Links to sentences mentioned in this episode. The Queen v O’Connor (2018) The Queen v Moreland, Tippins & Thorp (2015) DPP v Turner (2009) The Queen v Donker (2018) See omnystudio.com/listener for privacy information.

Welcome to season two of Gertie's Law. In season one we heard from almost everyone at the Supreme Court - the judges, associates, reporters, tipstaves and even the prison officers. But now it’s time to meet the people who do the lion’s share of the talking in the courtroom, the people sitting at the bar table - the lawyers. See omnystudio.com/listener for privacy information.

When COVID-19 hit Victoria, schools, pubs and restaurants closed. The AFL season stopped after only one round. But the courts couldn’t shut down because crime didn’t stop. People were in custody awaiting trial. Family violence continued unabated, disputes needed settling, appeals needed to be heard, and trials needed to continue to provide justice for both accused and victims. As an essential service, the courts had to move quickly. This episode of Gertie's Law looks at how the Supreme Court of Victoria responded to the challenge of a global pandemic. Hear how judges maintained order when the courtrooms went virtual, why Coronavirus was mentioned regularly in bail hearings, and whether beef carpaccio is better if you use shallots. See omnystudio.com/listener for privacy information.

Where does criminality originate? What makes a great barrister? Do funny things happen in court? Would a judge know how to get away with murder? In the final episode of the season, we get the answers to your questions. See omnystudio.com/listener for privacy information.

There's a view that judges and journalists don't always see eye to eye. In a bonus episode of Gertie's Law we assembled four Supreme Court judges and four court reporters - put them in a room together, and recorded it. See omnystudio.com/listener for privacy information.

Despite most Victorians never having direct interaction with the Supreme Court, most still have an opinion about it, and those opinions are predominantly formed by the media. It's a fundamental principle of our legal system that justice is done in open court. Journalists therefore serve as the guardians of an open justice system. See omnystudio.com/listener for privacy information.

A Supreme Court judge is one of the most senior positions in the law and also one of the most criticised. Find out what it's like to be a judge at the Supreme Court; how they're appointed, confronting personal bias, and staying mentally healthy while dealing with constant violence and death. See omnystudio.com/listener for privacy information.

When you think of the Supreme Court, it’s natural for your mind to go straight to murders and terrorism.  This episode is about the areas of this court which rarely, if ever, appear on the TV news. From fighting over wills and the Master of Lunacy to corporate battles and urgent medical disputes. See omnystudio.com/listener for privacy information.

Fifty years ago, the Menhennitt Ruling was an example of judge-made law and it determined the legality of abortion in Victoria. In this episode of Gertie's Law, we find out why it was left to the Supreme Court, and not the parliament, to decide on such a controversial social issue. Hear from judges and people directly affected by the 1969 ruling. See omnystudio.com/listener for privacy information.

From arrest to sentence (or acquittal), we take you through the entire process (Legal Aid, committal hearing, mentions, trial, verdict and appeal). If you're charged with a serious crime in Victoria, this is what you can expect. See omnystudio.com/listener for privacy information.

We've received your questions. From capital punishment and gender in the law to speeding fines and staying awake in court, we put your questions to judges. See omnystudio.com/listener for privacy information.

Almost every day, randomly selected Victorians, often with no experience in or knowledge of the law, sit in court passing judgement on their fellow citizens. Learn how the jury system works and the challenges jurors face, such as staying off social media, leaving their sympathies at home and getting their heads around complex forensic evidence. See omnystudio.com/listener for privacy information.

At first glance, the trial division building of the Supreme Court is imposing. Narrow corridors, very high ceilings with grand chandeliers and ornate plasterwork. Nineteenth century stonework and cedar panelling. And then there’s the artwork - mostly portraits of stern looking men in big leather chairs looking down from under their wigs. The effect of the original building is to communicate the authority - even fear - of the law. But things have changed a lot in that last few decades, and as the system changes, so too does the art and the architecture. Gradually, this 19th century heritage building is looking and feeling more like it belongs to a 21st century justice system. See omnystudio.com/listener for privacy information.