Not Just a Lawyer - podcast cover

Not Just a Lawyer

Sarah Avery
Law and law-adjacent hot topics highlighted or explained for the lay person. Opinions and non-legal interests occasionally featured.
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Episodes

UN Human Rights Committee: Australia responsible for children in Nauru regional processing centre

Children trying to seek refuge in Australia have been detained on Nauru. They argue that Australia is still responsible for them. Australia made a carefully worded agreement with Nauru to avoid responsibility. If Australia has no responsibility, Australia says it is not obliged to ensure the human rights of these children. Um, okay, weird flex about not protecting literal human children, Australia. The UN Human Rights Committee has found that Australia is responsible, and breached Article 9 of t...

Jan 24, 202518 min

Nazis are bad. Fascists are bad.

Billionaires who fail to denounce nazis and fascists are, you guessed it, bad. In Australia, we do not (as far as we know at this stage) have a fascist with overwhelming political power in parliament. But we cannot ignore what is happening in the US. This not-lawyerly episode discusses one concrete action you can take now to strengthen your community. It is aimed at Australians but may be applicable to listeners elsewhere. Fun fact: many people attribute “hope is not a strategy” to Rudy Giuliani...

Jan 22, 20258 min

Spit hoods are back

And as bad as ever. NT reinstating dangerous and degrading practice of using spit hoods, still criminalising children. Reporting from The Guardian https://www.theguardian.com/australia-news/2024/oct/14/northern-territory-spit-hood-ban-lifted-clp-ntwnfb

Jan 22, 20259 min

BREAKING NEWS: apprehended bias decision in Drumgold v Board of Enquiry and others

Acknowledgment of Country. CW: the case that started it all is a high-profile sexual assault matter. Breaking news on the ACT Supreme Court’s decision in this highly-publicised, complex and super-interesting matter. I translate from legalese and give cringe-worthy facts their day in the sun, but most importantly, I help you understand this important case. Read the full decision here: https://www.courts.act.gov.au/__data/assets/pdf_file/0003/2408133/Drumgold-v-Board-of-Inquiry-and-Ors-No.-3-2024-...

Mar 04, 202458 minSeason 5Ep. 1

Water safety: my number one rescue tip

Acknowledgement of Country. A not-very-lawyerly episode. My swimming teacher experience and coastal upbringing have given me some knowledge, and I share that with you! Disclaimer: I’m not your swimming teacher (see, I’m still lawyerly). Great resources: https://www.surflifesaving.com.au/beach-safety/rip-currents/ and https://www.royallifesaving.com.au/about/campaigns-and-programs/Water-Safety and your local swim school or surf lifesaving club. Bonus: My voice is soothing and you can use this as ...

Dec 30, 202333 minSeason 4Ep. 8

Aftermath of shame: referendum 2023

Acknowledgment of Country. Call to action to allies of Aboriginal and Torres Strait Islander folks: don’t freeze, don’t be silent. VOICE TREATY TRUTH

Oct 25, 202321 minSeason 4Ep. 7

Easy science primer: Kathleen Folbigg’s pardon

Acknowledgement of Country. An easy to understand guide to the science behind Kathleen Folbigg’s pardon. Sources: omim.org and The Guardian at https://amp.theguardian.com/australia-news/2023/may/07/kathleen-folbigg-science-sheds-new-light-on-case-of-mother-convicted-of-murdering-her-children and ABC at https://amp.abc.net.au/article/102406772. For more information about rock pocket mice: https://www.biointeractive.org/classroom-resources/making-fittest-natural-selection-and-adaptation

Jun 07, 202327 minSeason 4Ep. 6

VOICE (Voice, Treaty, Truth). Answers to your questions from the ANU

Acknowledgement of Country. Voice, treaty and truth are all important. Referendum on the Voice is imminent, so the Australian National University (ANU) answers some burning questions. Find their answers here: https://www.anu.edu.au/about/strategic-planning/indigenous-voice-to-parliament

Apr 05, 20234 minSeason 4Ep. 4

26 January

Acknowledgment of Country. Voice, Treaty and Truth. Cool stuff happening in Coffs Harbour (Gumbaynggirr Country). To access the Guardian’s podcast with Professor Megan Davis, click here: https://www.theguardian.com/australia-news/audio/2023/jan/20/the-details-on-the-indigenous-voice-to-parliament-with-megan-davis To see the website for the Gumbaynggirr Giingana Freedom School, click here: https://www.giinganaschool.org.au

Jan 25, 20236 minSeason 4Ep. 3

Is Google a defamer?

Acknowledgement of Country. A short, sharp explainer of an interesting High Court decision about defamation. Google LLC v Defteros [2022] HCA 27. Credit to Parisa Hart for her article in Ethos, Summer 2022

Jan 11, 20239 minSeason 4Ep. 2

2022: Reflections from the obstinately self-reliant

Acknowledgement of Country. I share the most important thing I have learned this year. On a tangentially-related note, I encourage you to donate life via organ and tissue donation here: https://www.donatelife.gov.au

Dec 14, 202221 minSeason 3Ep. 7

What do you get for the jury who has everything?

Acknowledgement of Country. Jury can’t make up its mind? Has all the facts and all the law but still needs more? Shazam! They need a Black direction, courtesy of the High Court of Australia (Black v The Queen [1993] HCA 71; 179 CLR 44). Bonus movie review: Joh’s Jury. Enjoy, or get frustrated trying!

Oct 29, 20229 minSeason 3Ep. 6

The case of the disobedient juror

Acknowledgement of Country. The sexual assault trial DPP v Lehrmann has been aborted, because a juror disobeyed the Chief Judge’s direction. Find out more here: https://www.courts.act.gov.au/supreme/judgments/director-of-public-prosecutions-v-lehrmann-no-5

Oct 28, 202211 minSeason 3Ep. 5

BREAKING NEWS: Bernard COLLAERY prosecution dropped

Acknowledgement of Country and NAIDOC week. Update and breaking news: Commonwealth Attorney-General decides to stop prosecution of Bernard Collaery. Issues include open justice & rule of law. See previous episodes Season 2, 22 & Season 2, 44 for important background. Australian Financial Review article available here: https://www.afr.com/politics/federal/dreyfus-orders-bernard-collaery-case-dropped-20220707-p5azvx

Jul 07, 20226 minSeason 3Ep. 2

I’M BACK, AND NOW WE WILL HAVE RIGHTS AND REMEDIES

Acknowledgment of Country this NAIDOC Week. Update on the “no rights without remedy” petition. Spoiler: there will be remedies! Except, maybe, if the ACT police are allegedly involved. Here’s the report: https://www.parliament.act.gov.au/__data/assets/pdf_file/0006/2023764/JCS-Report-7-Report-into-the-Inquiry-into-Petition-32-21-No-Rights-Without-Remedy.pdf#page13

Jul 06, 202215 minSeason 3Ep. 1

What are human rights without a remedy?

Acknowledgement of Country. If we can’t enforce our rights, what do they really mean? A petition before the ACT Legislative Assembly seeks to give them meaning. If you want to hear an in-depth forum on International Human Rights Day (10 December 2021), which is online and free, register here: https://hrc.act.gov.au/making-human-rights-complaints-accessible-in-the-act/

Dec 01, 202113 minSeason 2Ep. 52

Case theory and defamation: live issues in recent media reporting about William Tyrrell

Acknowledgement of Country. Quick recap on Case Theory (please see Season 1, Episode 22) and past defamation episodes (please see Season 2, Episodes 20 and 34). Discussion of how these 2 issues are arising in the media coverage of new NSW police efforts to work out what happened to William Tyrrell who has been missing since 12 September 2014. Helpful analysis of this situation by Paul Barry of ABC’s Media Watch program 22 November 2021 (available here: https://www.abc.net.au/mediawatch/episodes/...

Nov 24, 202114 minSeason 2Ep. 51

REFERRAL: do you have, or are you, a pain in the neck?

Acknowledgment of Country. Interested in the biopsychosocial model of health? Or, maybe you would be if I broke it down for you into a word of less than 6 or 7 syllables? Get put off by words that sound impressive but are too complex? I know I am! Listen to me explain what “biopsychosocial” means (it’s easy to understand, I promise) and then check out the Ologies podcast episode on Dolorology (the study of pain). Look after yourselves, excellent humans!

Nov 17, 20218 minSeason 2Ep. 50

The LAWYER PROJECT Report

Acknowledgement of Country. Hear all about the Law Council of Australia’s Lawyer Project Report. I provide and easy to understand summary of the 56 page report. The full report can be found here: https://www.lawcouncil.asn.au/publicassets/330febe2-323d-ec11-9443-005056be13b5/The%20Lawyer%20Project%20Report.pdf

Nov 10, 202122 minSeason 2Ep. 49

An unusual appeal

Acknowledgement of Country. Today I talk about an appeal that focuses on one useful example of what procedural fairness looks like. What went wrong? How was it dealt with? (Hint: unusually) Adams v Navaratnam [2021] ACTSC 256. See the full judgment here: https://www.courts.act.gov.au/supreme/judgments/adams-v-navaratnam

Nov 03, 202120 minSeason 2Ep. 48

HAPPY INTERSEX DAY OF AWARENESS 2021

Content warning: a brief mention of non-consensual medical treatment. Acknowledgement of Country. Great work by A Gender Agenda and SHFPACT on their excellent resource “Including Intersex” which can be found here: https://www.shfpact.org.au/news-and-updates/418-including-intersex?fbclid=IwAR12cP5EOmZiHQCqyqB79bjptCNp3UE9rXuRIaNOMUcMtJrOBYO8Ybwv5ms

Oct 25, 202110 minSeason 2Ep. 47

Happy International Pronoun Day!

Acknowledgement of Country. What is a pronoun? How do I use them? Why should I use these “new” pronouns? Answer: you’ll help a non-binary fairy get their wings. How can I practice them? Hint: https://pronouns.minus18.org.au

Oct 20, 202111 minSeason 2Ep. 46

How to get a good education at google university aka the internet

Acknowledgement of Country. Have you heard of CrashCourse? Now you have. Plus, a fun science fact about something you do all the time - breathing! Get into it! Or, keep at it, I hope you’re already breathing and continue to do so!

Oct 13, 202113 minSeason 2Ep. 45

PRIMER: Where there’s a WILL, there’s a way

Acknowledgement of Country. All about Wills and Enduring Powers of Attorney, and why you need them now! Legal information to help you understand how to give yourself and your loved ones peace of mind at a really difficult time (that’s a euphemism for when you die). And a terrible (but one of my favourites) joke at the end! Thank you!

Sep 29, 202130 minSeason 2Ep. 43
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