PODCAST · news
The Wigs
by Minnimal Productions
The Wigs is a weekly-ish podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns as they deep dive into the scenarios and outcomes that make up our legal system.
Episodes
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Inside Royal Commissions: History, Power and Consequence
Royal commissions are on the increase and never far from the news. Post the Bondi terrorist attack one or course was established and its operation and findings will be of great national interest. In this episode the Wigs draw on numerous examples and look at the history, purpose and effect of the...
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The extraordinary arrest, capture, transfer and prosecution of Maduro
In this episode the Wigs dig into some of the legal and factual issues surrounding the extraordinary US military operation that captured sitting Venezuelan President Maduro in the early hours of 3 January 2026 and transferred him to New York to face an indictment alleging drug trafficking. Was…
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From the Bar to Bench: The Journey of Judge Stephen Walmsley SC
In this episode, Stephen and Felicity are joined by the Hon. Steven Warmsley, former District Court judge, Senior Counsel, and author. The trio explores the arc of Warmsley's legal career, from solicitor to silk to judge, and unpacks the practicalities and philosophies of fearless advocacy. See...
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Cannabis, Politics and Ivan Milat Theories: A Long Chat With Jeremy Buckingham MLC
In this episode, two Members of the Legislative council, our own Stephen Lawrence and the Honourable Jeremy Buckingham MLC, Legalise Cannabis Party, sit down for a long chat. Felicity is present for the beginning of the chat, but had to depart, leaving the two MLC's to do what MLC's do best, talk…
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The Mokbel Appeal
In this episode, the Wigs discuss the decision in Mokbel v The King [2024] VSC 725, in which questions relating to an appeal by Antonious Mokbel arising out of the Gobbo saga in Victoria were determined by Justice Fullerton. Shortly after the Wigs recorded this episode, the Victorian Court of...
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Trying Historic Abuse Claims Without the Accused
In this episode the Wigs discuss a trio of recent high court decisions that deal with a pretty new question, when can a civil claim for sexual abuse said to have occured many decades ago be fairly tried, even when the alleged assailant has died and much related evidence lost. This question has...
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Proactive Policing: The Wigs Interview Journalist Paul Farrell
In this episode - Wigs Felicity and Emmanuel speak with journalist Paul Farrell about proactive policing particularly stop and search practices within the NSW Police Force. Paul is an investigative reporter who has worked at the ABC, the Guardian and Buzzfeed News, breaking major national and...
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Final Episode of the Year - Answering YOUR Questions (Part 2)
Our final episode for 2024! This is part 2 of our speed round - answering your questions! If you have a question for the Wigs, feel free to shout out to us on Facebook. And don’t forget to rate, review and subscribe to the podcast. Have a happy and safe holiday break and new year to all our…
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End of Year Special! Answering Listener Questions!
As a finale for 2024, the Wigs took listener questions and answered them in a speed round. This is Part 1 of the speed round covering a range of topics from the right to disconnect as an employee, to the Disability Royal Commission recommendations, the age of criminal responsibility and the use…
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Stephen interviews Ghassan Kassisieh (law, politics & a few things in between)
In this episode Stephen sits down for a wide ranging chat with Barrister Ghassan Kassisieh. The discussion is lengthy and covers lgbt rights, international politics, refugees, the politicisation of gay rights in the Israeli / Palestinian conflict and comparative law, among other things. Ghassan…
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The Knitting Nanas take on Anti-Protest Laws and Win
It’s not every day of the week that a law is struck down as unconstitutional but that’s exactly what happened in the case of the Knitting Nanas against the State of NSW. Two Knitting Nanas Helen Kvelde and Dominique Jacobs with the help of the Environmental Defenders Office launched a...
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Is the Trump prosecution really a 'political witch hunt'? Many say yes, Judge says no
In this episode the wigs analyse the latest judgment in the federal prosecution of donald trump, in which the trial judge soundly rejected his application to terminate the prosecution on the basis that the biden administration is targeting him in a selective and vindictive manner. Judge Chutkan…
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The Legal Requirements On Police To Consider Alternatives To Arrest
In this episode the wigs discuss a new police powers decision, Julie Bugmy v NSW Director of Public Prosecutions 2024 NSWCA 70, a recent decision of the NSW Court of Appeal. It concerns the law applicable when police arrest a person believed to have breached a condition of a grant of bail. Wig...
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The Wigs Live - Reasonable Cause CPD 2024
In March this year, the Wigs were back to record a live show at the Reasonable Cause Continuing Professional Development Conference. The topic was Ethics for Defence Lawyers and the panel discussion you are about to hear examined the basis of ethical obligations, the nature of the fiduciary...
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Foreign Bribery: Analysing The Changes To The Criminal Code
In this episode, the wigs tackle a bill that passed the federal parliament recently and very substantially amended the part of the Criminal Code 1995 that creates crimes related to engaging in bribery in foreign countries. The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023...
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Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer!
In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously…
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Extra Wigs: The Law Is A Meme
In this Wigs Extra Episode we present something a little unusual: a speech that Wig Emmanuel Kerkyasharian gave to the Legal Studies Association. Asked to speak about basic legal concepts in the context of the Legal Studies Syllabus, Emmanuel couldn’t resist the temptation to go philosophical…
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Back for 2024! - Judge Newlinds and criticisms of the Director of Public Prosecutions
Welcome back to the Wigs for a brand new year! We have been on an extended summer break and hope you have enjoyed a great break too. In this episode, recorded at the end of last year, The Wigs examine a recent decision of NSW District Court Judge Newlinds in R v Martinez. The judgment has already...
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Felicity Graham interviews David Buchanan SC
This week we are delighted to have as a guest of the Wigs, David Buchanan SC. David is a quiet and unassuming legend of the criminal law in NSW. Admitted to legal practice in 1975 and then called to the Bar in 1977, in the decades between then and now he has not wearied nor lost his zeal and...
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The Vanderstock Decision: The Exclusive Power of the Commonwealth to Levy Duties of Excise
In this episode the wigs discuss Vanderstock and Victoria a very fiscally important recent decision of the High Court of Australia. The constitution reserves to the federal government the power to levy excises, essentially taxes on goods. The issue in Vanderstock was whether the Victorian...
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Stephen interviews Bri Lee, author of Eggshell Skull
This week Stephen sits down for a long-form chat with Bri Lee, author of the best selling memoir Eggshell Skull which details Bri's work as an associate in the Queensland District Court and her experience as a complainant survivor in the criminal justice system. See omnystudio.com/listener for...
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The Curious Case of Judge Vasta
This week the panel look at a truly unusual and interesting decision from Justice Wigney of the Federal Court which involved a serving federal judge being ordered to pay damages for wrongfully imprisoning a man he jailed for contempt of court. Stradford (a pseudonym) v Judge Vasta 2023 FCA 1020…
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Rodden v R - A Discussion About Costs In Criminal Proceedings
It is sometimes said in the law that nothing generates hard work and legal ingenuity more than a costs application. This week the wigs examine a recent decision that was keenly awaited by the criminal law community in NSW. Rodden v R 2023 a decision of the nsw court of criminal appeal. Mr. Rodden...
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Analysing The Combating Misinformation and Disinformation Bill.
This week the wigs examine the federal government’s proposed Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill. The draft Bill released by the Albanese government proposes a method to combat the phenomenon of Misinformation and Disinformation, said to be a...
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The Wigs Live! - The Sofronoff Inquiry and its Aftermath
Welcome to a special "recorded live" episode of the wigs! The Wigs were invited to attend and live record an episode at the Australian Criminal Law Congress 2023 in Byron Bay. Emmanuel and Jim were unfortunately unavailable, so Felicity and Stephen teamed up with guest wig NSW Public Defender…
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Revisiting The Prosecution's Duty of Disclosure
This week the Wigs return to the topic of the prosecution's duty of disclosure in criminal matters. Felicity recently presented at a criminal lawyers conference on the topic and took the opportunity to survey the hundreds of attendees on their experience of disclosure in criminal matters. The...
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Equal Protection v Affirmative Action: The Wigs Discuss The Harvard and UNC Cases
In this episode, The Wigs discuss a massively controversial recent decision of the US Supreme Court in which the so-called conservative "super majority" struck down as unlawful affirmative action on the basis of race in university admissions. The case is known as Students for Fair Admissions v...
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The Indictment of Donald Trump by Special Counsel Jack Smith
In this week's episode the wigs discuss possibly the most momentous and controversial criminal case in American history, the indictment of Donald Trump by special counsel Jack Smith for his efforts to overturn the 2020 US election. The Wigs discuss the three offence creating provisions, some of…
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A Chat With The Wigs' India Correspondent Siddharth Narrain
This episode consists of a special interview with the Wigs new India Correspondent! Siddharth Narrain is an Indian lawyer, journalist and academic and lecturer in law at the Adelaide University. He and Stephen sat down for a chat about Sid's career, the Indian legal system, cases Sid has been...
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The leaking of legal documents. The cautionary tale of Harriet Harman
In this episode, the Wigs examine quite a topical legal issue. What are the laws around what can be done with documents that are produced to parties to litigation under court orders such as subpoenas? In short - the law in some places provides that such documents are confidential unless they are...
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When An Escort To An Interview Room Led To A False Imprisonment
In this episode, the wigs discuss a new decision of the district court of NSW Reeves v State of NSW 2023 NSWDC 196. The Plaintiff, Mr. Reeves, sued the state of NSW for malicious prosecution and false imprisonment following the dismissal of a stalking charge against him. While he failed to prove...
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In NSW Prior False Claims of Sexual Assault Are Inadmissible; Is Reform Needed?
In this episode the Wigs look at a fairly recent case of Jackmain (a pseudonym) v R [2020] NSWCCA 150 which raises the issue of what happens when a sexual assault complainant has a history of making false sexual assault claims. Currently in NSW such false allegations can't be used by an accused…
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Not Your Average Break and Enter: BA v The King [2023] HCA 14
This week’s episode is on BA v The King [2023] HCA 14, a High Court judgement on whether a person who breaks into a house and assaults their domestic partner is guilty of the offence of break and enter under NSW law, in circumstances where they had moved out, but are still on the lease. In the...
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The Inaugural Speech of Stephen Lawrence MLC
This week on The Wigs we bring you a special episode, the inaugural speech of the Honourable Stephen Lawrence MLC, elected at the recent NSW State election to the upper house, or Legislative Council. Stephen was the first of all newly elected Upper House members to make an inaugural speech. Until...
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Domestic Violence Retractions: A flawed basis for prosecution
In this episode, the wigs examine a controversial situation impacting some of the state's potentially most vulnerable women which requires reform. It is common in the criminal justice system for women who allege domestic violence against their partner to later withdraw the allegation and in some...
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To charge or not to charge - the question of when a person can be prosecuted
Today the wigs look at an important threshold question in the criminal justice system; what is the test or legal requirement for bringing a prosecution. The issue has been highlighted recently in the ongoing ACT inquiry into the criminal justice system. P.S Listeners can access Shane Drumgolds...
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Kathleen Folbigg - Serial killer or Grave Miscarriage of Justice?
Kathleen Folbigg has spent two decades locked up over the deaths of her four children, in maximum security prisons, largely confined to a cell for her own safety, and regarded as a result of her convictions as one of Australia’s most heinous serial killers. Ms Folbigg has always maintained her...
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Felicity Graham - Unwigged
While the wigs continue their short break, our one-on-one interview series 'Unwigged' - which is all about the wigs themselves - who they are, what drives them and their advocacy, and more importantly - what led them to live a life dedicated to the pursuit of Justice - rolls on. This week is...
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Emmanuel Kerkyasharian - Unwigged
While the wigs are on a short break, we continue with our one on one interview series with the barristers themselves. Next up is the one and only Emmanuel Kerkyasharian. See omnystudio.com/listener for privacy information.
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Stephen Lawrence - Unwigged
In the lead-up to the NSW state election, the podcast is rounding out Season 4 by showcasing a series of interviews with the core trio of wigs to discover exactly who they are and what drives them professionally. First off the cab is Wig Stephen Lawrence. Don't forget to like and subscribe and...
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End Of Year Extravaganza - The Wigs Tackle Equity And The Doctrine of Unconscionability + Year In Review!
In the last episode for 2022, The Wigs look at a recent civil law decision of the High Court in the case of Stubbings v Jams 2 Pty Ltd 2022 HCA 6. The case concerned a man who was signed up by so-called 'pure asset-based lenders' to a mortgage agreement he would inevitably default on. As he did…
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S4 E6: The Voice + The National Anti Corruption Commission + High Court case of SDCV v Director General of Security
This month in a slightly late episode (apologies to all listeners!) - the wigs tackle two fairly massive policy topics and a new decision of the high court. The wigs discuss the proposal to insert into the Australian constitution a new clause that will provide for a body that will be consulted on...
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S4 E5: Morrison’s Multiple Ministries + Can A Guilty Plea and Conviction Be Set Aside By An Appeal Court
In this month's episode, the wigs deep dive into two topics. Firstly the political/legal drama that has been dominating political news headlines of late. That is, the revelations that former prime minister Scott Morrison secretly swore himself into multiple ministries during 2020/21. Secondly…
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S4 E4: The New Provision Of The NSW Bail Act + HCA Reaffirming The Separation of The Executive and Judiciary + DPP v Peckham: No Prosecutor? No Problem!
This month on The Wigs - a discussion of a brand new provision in the NSW Bail Act 2013, section 22B. This provision came into effect in late June and provides that people who have pleaded guilty or have been found guilty by a court of a crime should be remanded in custody immediately if they...
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S4 E3: Overturning Constitutionally Protected Access to Abortion in the United States
In this episode, the Wigs delve into three key legal decisions in the United States concerning access to lawful abortion, starting with the seminal 1973 decision of the United States Supreme Court Roe v Wade, and then the 1991 decision of the Court of planned parenthood v Casey. Finally the…
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S4 E2: The Wigs Featuring Professor Jeremy Gans
The Wigs chat with criminal law academic Jeremy Gans. Jeremy is a Professor at the Melbourne Law School, where he researches and teaches across all aspects of the criminal justice system. He holds higher degrees in both law and criminology. In 2007, he was appointed as the Human Rights Adviser to...
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S4 E1: The Wigs Live - Policing the Prosecutor, Prosecutorial Ethics For Criminal Lawyers
Welcome to a special episode of The Wigs. This episode was recorded live at the 2022 reasonable cause conference. The conference provides continuing professional development units for hundreds of criminal lawyers each year. Run by Mark Dennis SC, all proceeds go to Reasonable Cause Incorporated…
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S3 E10: Hamzy's Self-Represented Court Win + When Is A Worker An Employee? + The New Cartel Conduct Provisions
In this, the last episode of season 3, the wigs kick off with a discussion about an important new prisoner rights case. Bassam Hamzy is a convicted murderer who is classed by prison officials as a dangerous inmate. Regulations made by the state government that interfered with his right to legal...
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S3 E9: Novak Djokovic v Minister for Home Affairs + Phil Boulten SC's Tribute to Ian Barker QC
This episode of the wigs kicks of with a discussion of the now notorious visa cancellation and removal from Australia of the world number 1 tennis player Novak Djokovic on the basis he was unvaccinated and might encourage anti-vaccination sentiment. Secondly, The Wigs sit down with barrister Phil...
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S3 E8: Julian Assange’s Fate + McNab v DPP + Are Women Justices Interrupted More?
Our final episode for 2021, The Wigs delve into the latest case on Julian Assange’s fate, a man who is inching closer to facing prosecution in the United States over his involvement in the Wikileaks publications. Then on the local stage, a case which finally quashes the controversy over the…
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ABOUT THIS SHOW
The Wigs is a weekly-ish podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns as they deep dive into the scenarios and outcomes that make up our legal system.
HOSTED BY
Minnimal Productions
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