PODCAST · government
In That Case
by Joel Townsend
A podcast about public interest cases which have shaped Australia
Episodes
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#ITC27
#ITC27: Claire Gibbs on Love and Thoms Daniel Love and Brendan Thoms moved to Australia when small children. Each of them had an Aboriginal parent. They never, though, became Australian citizens. When they faced visa cancellation because of their criminal offending, the High Court had to the deal...
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#ITC26
#ITC26: Peter Gordon on Rolah McCabe’s case Rolah McCabe had terminal lung cancer when she brought proceedings against British American Tobacco, in 2001. She did not live to see the conclusion of the case, which soon turned into a fiercely litigated dispute about document destruction by the company.
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#ITC25
#ITC25: Laurie Levy on Levy v Victoria From the mid-1980s, Laurie Levy waged a campaign against duck shooting. In the early to mid-1990s, the High Court began to expand on the notion of an implied freedom of political communication. In 1994, Laurie Levy was charged with unlawful entry into a duck...
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#ITC24
#ITC24: Sue Hackney, Jim McKenna and Rufus Black on Cobaw (part 2) In 2007, Cobaw Community Health Services tried to book a camp on Phillip Island for a weekend forum, for a group of young people identifying as same sex attracted. The camp manager said they wouldn’t be welcome, because of the...
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#ITC23
#ITC23: Sue Hackney, Jim McKenna and Rufus Black on Cobaw (part 1) In June 2007, a staff member at Cobaw Community Health Services, Sue Hackney, tried to book a camp on Phillip Island for a weekend forum. She was booking on behalf of a group of young people identifying as same sex attracted. The...
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#ITC22
#ITC22: Denis Nelthorpe on the HFC credit licensing case Consumer credit practices in Victoria were not scrutinised closely until the 1980s, when the Consumer Credit Legal Service challenged the renewal of one credit provider’s licence to operate. The case was part of a movement which exposed the...
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#ITC21
#ITC21: Stuart Webb on Nystrom Stefan Nystrom was born in Sweden, when his mother, an Australian permanent resident, was on holiday visiting her family in Scandinavia. He returned to Australia at when he was 27 days old. He lived his life in Australia, not knowing he was not a citizen, until his...
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#ITC20
#ITC20: Penny Cula-Reid on challenging discrimination in football Penny Cula-Reid’s remarkable journey has included involvement as a player in the inaugural season of AFLW football, and this year, success as a coach, winning the VFLW with Collingwood. Her passion for football is abundantly clear....
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#ITC19
#ITC19: Corinna Horvath and Dyson Hore-Lacy SC on Horvath In March 1996, police raided Corinna Horvath’s home without a warrant. She spent several days in hospital as a result of the raid. She pursued a claim against the police officers involved, and against the State of Victoria. The dispute...
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#ITC18
#ITC18: Alina Leikin on the ‘Certain Children’ cases In late 2016, following a riot at a juvenile detention facility in Parkville, the Victorian government sought to convert a unit at the maximum security Barwon Prison into an alternative youth justice facility. The resulting court challenges...
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#ITC17
#ITC17: Felicity Graham on Bugmy The question of how the criminal law ought deal with socioeconomic disadvantage, and in particular the disadvantage experienced by Aboriginal people, is one of the most challenging in sentencing law in Australia. In Bugmy, the High Court looked at these key…
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#ITC16
#ITC16: Greg McIntyre on Mabo No.2 Greg McIntyre was involved for the whole duration of the epic Mabo litigation, through which a group of Murray Islanders sought recognition of the survival of their native title rights. In 1992, the High Court handed down judgment in Mabo No.2. The strikingly...
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#ITC15
#ITC15: Greg McIntyre on Mabo No.1 For more than a decade, Greg McIntyre was one of the lawyers at the centre of an effort by a group of Murray Islanders, seeking recognition in Australian law that their native title rights had survived European settlement. In 1992, this resulted in the famous…
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#ITC14
#ITC14: Jeremy Jones on the Scully and Bible Believers cases Section 18C is a fiercely debated section of the Racial Discrimination Act. In a series of cases in the 1990s and early 2000s, the Executive Council of Australian Jewry relied on this provision to tackle the problem of antisemitic...
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#ITC13
#ITC13: Jeremy Jones on the Toben case In 1995, new provisions were introduced into the Racial Discrimination Act. One of those sections, 18C, still excites considerable controversy. It prohibits certain kinds of offensive, racially motivated conduct. Jeremy Jones, from the Executive Council of...
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#ITC12
#ITC12: Kimberley Castles and Rachel Ball on Castles v Secretary to the Department of Justice In late 2009, Kimberley Castles was imprisoned. She was undergoing IVF treatment at the time. She fought for her right to continue her fertility treatment while in prison, and in doing so she ran one of...
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#ITC11
#ITC11: Patrick McInerney on the Catch the Fire Ministries Case In 2002, a Christian group called ‘Catch the Fire Ministries’ conducted a seminar on Islam. Members of the Islamic Council of Victoria attended, and in response to what was presented: Islam equated with violent jihad, brought an…
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#ITC10
ITC#10: Jim McGinty on McGinty v WA For many years, there was gross disparity in voting power in Western Australia, between electors in huge and sparsely populated regional electorates, and those in metropolitan electorates. It had long been a source of objection. Jim McGinty was a member of the…
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#ITC9
ITC#9: Michael Kirby and Mark Aarons on the 1951 referendum An extra episode, supplementing #ITC8: Following the finding of the High Court that the legislation effecting a ban on the Australian Communist Party was invalid, the Menzies government went to the Australian people to seek an amendment…
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ITC #8
ITC#8: Michael Kirby and Mark Aarons on the Communist Party Case The banning of the Australian Communist Party, and the finding of the High Court that the legislation effecting the banning was invalid, were landmark events in Australia’s political and legal history. Justice Michael Kirby and Mark...
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ITC#7
ITC#7: Tim Marsh on DPP v Walters Politicians regularly seek to constrain the discretion of sentencing judges. Victoria’s baseline sentencing regime was a strange, unique, and ultimately unsuccessful attempt to do so. Tim Marsh talks about the decisions of the Supreme Court and Court of Appeal in...
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ITC#6
ITC#6: Ella Ingram on Ingram v QBE Ella Ingram was excited about a school trip to New York City, but experienced depression and was unable to go. She made a travel insurance claim, but her insurer refused to pay. To her surprise, she found herself running a case testing whether her insurer had a...
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ITC#5
ITC#5: Brian Walters on environmental protest From bushwalking, to establishing Wild magazine, to supporting the Franklin Dam campaign, to decades representing environmental protesters. Brian Walters talks about this history, and about some key cases he’s been involved in: representing protesters...
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ITC#4
ITC#4: Tamar Hopkins on Haile-Michael v Konstantinidis When Tamar Hopkins started at the Flemington Kensington Community Legal Centre in 2005, she was immediately struck by the persistent complaints, from young people of African ethnicity, about their treatment at the hands of local police....
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ITC#3
ITC#3: Rodney Croome on Croome v Tasmania In 1993, Nicholas Toonen and Rodney Croome took Australia to the UN Human Rights Committee, on the basis Tasmania’s anti-gay laws. After the Committee found Australia in breach of its international human rights obligations, the Commonwealth Parliament...
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ITC#2
ITC#2: Jason Kioa and Michael Clothier on Kioa v West Jason Kioa came from Tonga to Australia in 1981, overstayed his entry permit, and ended up reshaping the exercise of Australian government power, when the High Court upheld his challenge to his deportation in 1985. Jason and his lawyer Michael...
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ITC#1
ITC#1: Stephen Keim on the Haneef case Stephen Keim discusses with me the twists and turns of the Haneef case, from anti-terrorism laws to visa cancellation, to professional regulation. The case absorbed Australia in the second half of 2007, and it’s still as interesting now as it was then.
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ABOUT THIS SHOW
A podcast about public interest cases which have shaped Australia
HOSTED BY
Joel Townsend
CATEGORIES
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