Prima Facie a podcast about law, order, and legal

Is war legal? With the prospect of a war between the United States and North Korea becoming more and more likely every day, David explains International Law and the role of the United Nations Security Council. How binding is the ANZUS Treaty? Is Australia legally bound to wage war in partnership with the United States and New Zealand? Game of Thrones, “only on Foxtel”. Or… is it? Production company HBO says it’s been hacked, and furthermore offered those responsible $250,000 to not release the current series finale. David and Ron discuss tangible and intangible property, intellectual property, theft, and what criminal offences may or may not have been committed against HBO. And we’ve all had our time wasted by door-to-door sales people. We talk about criminal trespass, public places and private property. Can your right to be in a public place ever be revoked? All this and more in the latest episode of Prima Facie.

Section 44(i) of the Australian Constitution is very clear. It says that any person who is a subject or a citizen of a foreign power, or who is entitled to the rights or privileges of a subject or a citizen of a foreign power, is incapable of sitting as a senator or a member of the House of Representatives. This appears to have caught several members and senators by surprise in recent weeks, the latest being Deputy Prime Minister Barnaby Joyce. If the High Court determines that Mr Joyce is ineligible to sit in parliament, a by-election will need to be called for his seat, placing the entire Turnbull government in serious jeopardy. David and Ron discuss the Australian Constitution, why we have this clause and its relevance in modern Australian politics. It would appear that the Same-Sex Marriage plebiscite has been replaced with an optional postal vote to be conducted by the Australian Bureau of Statistics. David helpfully offers to run a Survey Monkey campaign and save the taxpayer $122 million. Is the result of the postal vote legally binding in any way? David and Ron discuss the legal grounds of a High Court appeal which hopes to stop the postal vote from taking place. And Victoria has a new Chief Justice. Our Attorney General last week announced the appointment of the Honourable Justice Anne Ferguson, replacing retiring Chief Justice Marilyn Warren in October. All this and more on your favourite Law and Order podcast, Prima Facie.

The recent State Opening of Parliament in the UK attracted unusual criticism when Her Majesty arrived without the usual pomp and pageantry. The Queen’s Speech was delayed owing to the availability of goatskin, the Duke of Edinburgh had recently been hospitalised, and everything appeared to be overshadowed by Brexit negotiations and the Prime Minister’s razor-thin victory in the June election. David explains the importance of The Queen’s Speech and what it means for us in Australia. The Minister for Justice recently announced a national gun amnesty in Australia, the first of its kind in some 20 years. The amnesty lasts for three months and allows people to hand-in firearms which might be held illegally without fear of prosecution. The Minister said, “[the amnesty] is as much about giving a family a chance to get rid of an old heirloom as it is about getting rid of guns off our streets”. Ron explains the process of handing in a firearm at a police station. Three senior ministers in the Turnbull government came close to being charged with Contempt of Court after commenting on sentencing in a terrorism case. The far-reaching implications of this could have seen the ministers lose their seats in parliament, and seriously affect the Government’s majority in the lower house. We look at just how close the Turnbull government came to being dissolved. And a new road rule in Victoria means that drivers must now slow to 40 km/h if they’re passing a road-side emergency vehicle with its flashing lights operating. Surely this is a good idea, to protect our emergency services workers? The panellists’ opinions might surprise you.

A special broadcast from Prima Facie which will hopefully make you a better person..... or at least happy.... or maybe just happier.

Victoria Police conducted over 800 searches for weapons at this year’s Moomba Festival in March. The searches yielded knives, a Taser and a knuckle duster, and police were forced to break up fights and deploy pepper spray on several occasions to keep the peace. Interestingly though, police could conduct searches randomly without needing a reasonable belief that an offence was being committed. How is this possible? David is outraged; Ron says, write to your local MP. United States President Donald Trump has ordered Tomahawk missile strikes on a Syrian military target, after nerve gas was allegedly deployed on civilians by the Assad government last week. Is this an act of war against a sovereign nation? David and Ron discuss what is, and isn’t, an act of war, and when military force can be used legitimately (if at all) against another country. A listener asks, how far is too far? The Australian Criminal Intelligence Commission is analysing sewage to determine which suburbs have the highest illicit drug use. Like it or not, the ACIC has been testing our waste for methyl-amphetamine, cocaine, MDMA, alcohol, tobacco and other illicit drugs and prescription medications. And we reveal the answer to Ron’s contentious Road Rules conundrum: who has right of way at an intersection when you’re facing a Stop sign and another car is facing a Give Way sign? It kind of depends on which way you’re turning. Tune-in for a proper explanation.

A Steinway piano valued at up to $80,000 has been found in a rubbish tip in Western Australia. It was retrieved by a trio of enterprising musicians, but now its original owner wants it back. According to property law, who now owns the piano? Victoria has some of the country’s toughest anti-hoon legislation. Offenders’ cars can be impounded, and even forfeited to the Crown for destruction. David and Ron discuss Victoria’s anti-hoon legislation, and the difference between a preliminary, and an evidentiary, breath test. Sometimes court orders and legal directives can hinge precariously on the pedantic interpretation of grammar and punctuation. A case in the United States was recently decided on the placement of an Oxford Comma in what the judge described as “confusing” legislation. David and Ron discuss the parallels of this case with decisions made in Australia, and why we have actual legislation which tells us how to interpret legislation. And the new Australian Council of Trade Unions (ACTU) secretary Sally McManus said in an interview last week, she doesn’t have a problem with workers breaking industrial relations law “when the laws are unjust”. Do you think it’s okay to break the law, if you perceive the law to be unjust? All this and more in this week’s instalment of Prima Facie.

Melbourne is awash with counterfeit $100 notes. Counterfeiters flood Melbourne with fake $100 notes. The forged bills are described as “high quality”, complete with transparent security window, and may be linked to organised crime games. What, in fact, is a note? Where are they printed, what’s their intrinsic value, and is the Federal Government really considering a proposal to permanently remove the $100 note from circulation? Centrelink has been heavily criticised in recent weeks for its – some would say, over-zealous – automated debt recovery system. Now, the Department of Human Services has released the personal details of a Centrelink client to the media, in an effort to counter public criticism of the agency. The Human Services Minister Alan Tudge has defended the decision to release the client’s details, saying the “[the] information was provided to correct the record in relation to those allegations.” David and Ron discuss Information Privacy law, as well as how to make a Freedom of Information Act request to a government department. A man who withdrew $2.1 million by exploiting a bank error has had his conviction overturned in the NSW Criminal Court of Appeal. Was he charged with the wrong offence? And when is a car not a car? If you buy and sell a motor vehicle in Victoria without registration, is there any requirement to notify VicRoads? Find out in this instalment of Prima Facie.

David and Ron return for 2017, and not a moment too soon! The United States has a new president, and Donald J Trump has wasted no time issuing Executive Orders which remove coal-mining waste protection, re-jig the National Security Council and ban immigration from some countries. The extraordinary power to issue an Executive Order is vested in the office of President of the United States, but is it something that could ever happen in Australia? The massacre in Bourke Street Mall in January saw six people lose their lives and at least thirty others injured. A 26-year-old man has been charged with multiple counts of murder and has been remanded in custody. Ron and David discuss Victoria’s bail laws, and the roles played by Bail Justices and magistrates. We also have “questions without notice” for Ron and David: what is Habeus Corpus? What is a filibuster? What exactly is an infringement notice? And what does it mean to be ‘under arrest’? All this and more in the latest instalment of Prima Facie.

Can't wait to get the newest episodes of Prima Facie into your ears? Well, so you don't miss us too much here's a special 'Prima Facie Best of 2016' summer edition. Enjoy.

After the monumental referendum in June to leave the European Union, members of parliament now need to vote to trigger BREXIT. David explains the Lisbon Treaty, and what it has to do with Britain’s exit from the EU. Listener feedback this week! David and Ron discuss the admissibility of CCTV evidence in criminal and civil cases, and a listener takes David to task about case law R v Brown discussed in episode 33. There’s a push to have begging removed from the Summary Offences Act in Victoria. Originally contained in the Vagrancy Act 1966, “beg alms” is still an offence carrying a penalty of up to 12 months imprisonment. But fifty years since this legislation was enacted, should begging be considered a social welfare issue rather than a matter worthy of criminal prosecution? Ron was fortunate to attend an “in-conversation” with the two defence lawyers featured in the Netflix documentary Making A Murderer. Ron recounts some aspects of the investigation which weren’t included in the documentary. Importantly, is the case a unique product of the United States judicial system, or could something like this happen anywhere? Also last week, a man tried to “citizen’s arrest” a judge in the Supreme Court during an application to evict squatters. The application didn’t end well for anyone. And David takes umbrage with Ron’s failure to vote in Melbourne’s recent council elections.

Anyone can run for Government – true? Maybe. Unless you’ve been declared bankrupt, or been convicted and received a lengthy prison sentence. A recent judgment by the Western Australia Court of Appeal has ordered a One Nation senator to pay more than $200,000 in a civil action taken against him. How will this affect the senator’s eligibility to sit in Parliament? Have you ever wanted to contest a parking fine? “Have your day in court,” as it were? Sometimes you can, sometimes you can’t. David and Ron explain the difference between summary and indictable offences in Victoria, and when you can (and can’t) have your case heard by a judge and a jury. A deaf woman has sued the Queensland government over her right to participate in a jury. In a finding made against her, the High Court said Queensland law did not permit an interpreter to assist a juror. (Paradoxically, as a litigant, Ms Lyons was able to run her case all the way to the High Court.) Is it time for the law to change, or do the tenets of our legal system discriminate with good reason? And with Halloween just around the corner, what do scary clowns, camels and the Clapham Omnibus have in common? David and Ron explain in their own inimitable fashion.

A fast and furious Prima Facie this week. We discuss listener feedback following our discussion about Police Body Cameras, particularly in relation to the Ferguson, Missouri police shooting in 2014. And the Australian Sex Party wants to decriminalise the recreational use of marijuana, describing a proposed parliamentary inquiry as “common sense for the common good”. David and Ron discuss the ways in which drug cautions are currently administered and managed by Victoria Police and the courts.

Politics aplenty in this instalment of Prima Facie. The Victorian government says it will legalise ride-sharing services like Uber, but taxpayers and consumer advocates are upset over a proposed levy to reimburse existing taxi licence-holders. Predictably, David has an opinion he’d like to share. “Car jacking” is common parlance for what, in criminal terms, would be Robbery or Armed Robbery, combined with Theft of Motor Car. Victorian Premier Mr Daniel Andrews says that “car jacking” needs to be a discrete offence after a reported increase in such crime over recent months. Ron doesn’t agree. There’s been fiery debate in Federal parliament over the last few days as Prime Minister Mr Malcolm Turnbull has accused the Opposition Leader’s stance on legalising same-sex marriage as being “demeaning to voters”. We take another look at the proposed plebiscite, where it sits legally and politically, and what it means for Australians. In other news from Canberra, proposed changes to Section 18C of the Racial Discrimination Act would no longer make it unlawful to do anything that is reasonably likely to “offend, insult, humiliate or intimidate” someone because of their race or ethnicity. David argues that politicians are already insured by parliamentary privilege, any change to Section 18C would be a step backwards. All this and more in Episode 31 of Prima Facie.

In this wondrous age of digital technology, cameras are everywhere. Legally though, can you film police in public? Can police film *you* in public? Can police film you without your consent? What's the value of a lotto ticket? If someone takes your ticket and then your lucky numbers come up, who's entitled to the money? The law, of course, is never straight forward. David and Ron discuss a civil matter which is currently playing out in the Supreme Court. And in an effort to curb adverse effects from "party drugs", there's been a significant push recently to introduce pill testing at dance parties. Victoria Police says no. But in reality, do police use discretion when it comes to drug prosecutions at these venues?

The Federal Election is over. David was scrutineering this year, and Ron asks if the Labor Party would ever form a coalition government? Can we have another double-dissolution election, and if so, how long would we have to wait? What would happen if Malcolm Turnbull was unable to form a government? What steps would the Governor General take, and how long would we need to wait? Ron and David also discuss the merits and dangers of online voting. Citizens’ Arrest Power: it’s a thing. Did you know that police in Victoria sometimes use the same legislative power afforded to civilians to arrest people? And the ABC reports that if you're buying property in the Australian Capital Territory, you're not actually purchasing the land: you're buying into a 99-year Crown lease. The first 99-year leases will expire in 2023, and Ron and David ask, what happens next?

In an effort to disrupt organised crime in New South Wales, the state parliament is currently considering a bill which would allow courts to prohibit people from doing certain things, being in particular places and even associating with specific people. The so-called “Serious Crime Prevention Orders” would work in a similar way to existing Anti-Terrorism Control Orders. David thinks this is a massive overreach, but is it potentially unconstitutional as claimed by the New South Wales Bar Association? It’s election time in Australia. While we don’t have to endure two years of campaigning like in the United States, it still feels like an eternity until election day. Apart from our “democracy sausage sizzle” (yes, there’s an app for that) Ron and David discuss one of the most fundamental tenets of our political system: compulsory voting. And a parrot in the United States may be called to give evidence in court after witnessing a murder. For serious. And a police officer in Wiltshire, UK has explained how he arrested a suspect after “barking like a dog”. All this and more in the latest instalment of Prima Facie.

David on Emily McPherson, RMIT's Building 13, where Ned Kelly was buried, and the Victorian police strike of 1923.

In an effort to modernise court attire, Victorian barristers have been told to abstain from wearing traditional wigs by the Chief Justice. Despite the ban, five barristers were recently accused of showing disrespect to the court by continuing to wear their wigs. We hear David’s take on the wearing of wigs and robes in Victorian courtrooms. There were ugly scenes in Coburg on the weekend when Anti-Racism demonstrators clashed with Reclaim Australia proponents. Several people have been charged with riotous behaviour as a result. Ron asks if protests that resort to physical violence actually achieve anything at all, other than detracting from important political issues? David explains proposed changes to Melbourne’s Myki ticketing system, and the abolition of the $75 “on-the-spot” fine. And ride-sharing service Uber has effectively been legalised in Victoria, after a County Court judge overturned a conviction against a driver. David and Ron discuss Judge Chettle’s decision and what it means for Victorians.

Have you ever wanted to rob a bank? A group of entrepreneurial artists in Melbourne’s inner-north has set up an “escape room”-style game in a disused bank building. But the project has drawn criticism from victims’ rights advocates who say the venture is in poor taste. Proposed changes to drink driving legislation would see anyone convicted of exceeding the prescribed concentration of alcohol having their vehicle fitted with an interlock device. Would the money be better spent in education, instead of penalising those who have already broken the law? Recent changes to the Bail Act means it’s no longer an offence for children to breach their bail conditions. David and Ron explain what it means to be “on bail”. The Panama Papers scandal has seen the resignation of a Prime Minister, as well as embarrassed back-pedalling by a number of politicians around the world. What exactly is a shell company, and why would the world’s rich and famous register businesses in a foreign country? Police television shows that solve crimes are great for network ratings. But why are people so obsessed with murder as a part of pop culture? David and Ron explain the offence of Murder, and how investigations and prosecutions are handled by police and the Victorian justice system.

The United States vs One Package ... of pessaries. David explains.