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 superannuat...
Jun 25, 2021•7 min
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?
Jun 10, 2021•13 min
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.
May 27, 2021•7 min
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 Andrew, a lawyer in McCabe Curwood's Litigation and Dispute Resolution group, and law graduate Monique Messenger.
May 12, 2021•11 min
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.
Apr 27, 2021•8 min
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 ...
Apr 15, 2021•9 min
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 le...
Mar 30, 2021•8 min
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
Mar 18, 2021•12 min
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 ye...
Dec 17, 2020•6 min
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.
Nov 25, 2020•7 min
Today, we're looking at one of the primary issues facing transgender people in Australian correction 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.
Oct 29, 2020•11 min
Today's 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.
Oct 15, 2020•6 min
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.
Oct 01, 2020•8 min
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.
Sep 17, 2020•8 min
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.
Sep 03, 2020•7 min
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.
Aug 19, 2020•10 min
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.
Aug 05, 2020•6 min
In episode 25 of Trial by Podcast, McCabe Curwood Lawyer Tal Prigan looks at the commodification and rights of animals today.
Jul 23, 2020•10 min
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.
Jul 08, 2020•8 min
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.
Jun 17, 2020•8 min
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.
Jun 04, 2020•5 min
Ever wondered about mining and space, and whether or not it is actually legal? In this next episode of Trial by Podcast, Law Graduate Andrew Gouveia discusses this, along with other legal issues of mining in space.
May 18, 2020•8 min
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.
May 07, 2020•6 min
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.
Apr 22, 2020•9 min
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' duty to prevent insolvent trading, employment and cyber security.
Apr 13, 2020•10 min
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.
Apr 13, 2020•9 min
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.
Apr 01, 2020•8 min
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.
Mar 31, 2020•10 min
In episode 14 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.
Apr 24, 2019•11 min
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.
Mar 12, 2019•10 min
