r/auslaw Nov 30 '23

Current Topics subject to the Lehrmann Rule

84 Upvotes

For those new here, or old hands just looking for clarification, the Lehrmann Rule or Lehrmann Doctrine, is named for Bruce Lehrmann and the rule put in place by mods during his criminal trial.

While a topic is subject to the Lehrmann rule, any post or comment about it gets deleted. Further, the mods may, at their absolute discretion, impose a ban on the author.

The rule will be applied for various reasons, but it’s usually a mix of:

  • not wanting discussion in the sub to prejudice a trial, or be seen to prejudice a trial;

  • the mods not wanting to test how far the High Court’s decision in Voller stretches; and

  • the strong likelihood that a discussion will attract blow ins, devolve into a total shitshow, and require extremely heavy moderation.

We will update below in the comments to this thread topics that are subject to the rule. There will be no further warnings.

Ignorantia juris non excusat


r/auslaw 2d ago

Students, Careers & Clerkships Thread Weekly Students, Careers & Clerkships Thread

6 Upvotes

This thread is a place for /r/Auslaw's more curious types to glean career advice from our experienced contributors. Need advice on clerkships? Want to know about life in law? Have a question about your career in law (at any stage, from clerk to partner/GC and beyond). Confused about what your dad means when he says 'articles'? Just ask here.

To assist people responding to your query, please include where appropriate the following:

  1. The practice area you work in or are interested in working in.

  2. The city in which you are currently working in or are interested in working in.

  3. Some relevant details about you, such as if you are currently studying, or your PQE level, your education history, and your current firm classification (boutique, mid-size, top tier).

If you are asking a question related to salary or bonus payments, you must confirm that you have previously reviewed relevant salary guides published by recruiting firms.

If you are an international student or lawyer looking to relocate to Australia, please review previous careers threads, as your question has likely been answered. In short, your ability to obtain permanent residency and permanent working rights, rather than temporary working rights, is likely to be more important than your qualification or requalification pathway.


r/auslaw 9h ago

Shitpost Share your AML/CTF compliance fun stories

32 Upvotes

Here's mine: I am engaging the firm I work for on my first house purchase. They're using it as an opportunity to test the "purpose built" AMLCTF compliance platform, legl. So far it has:

  1. Flagged me as high risk because I forgot to disclose a prior address which it found on Equifax

  2. Flagged me as high risk because I am a dual citizen

  3. Flagged my partner as high risk because he inherited a property(?)

  4. Refused to accept that a registered charity doesn't need to update it's directors with ASIC, only the ACNC, and flagged it super duper high risk because of the "discrepancy".

  5. EDIT - I forgot one: it having absolutely 0 provision for someone acting under power of attorney


r/auslaw 10h ago

Gall v Domino's judgement handed down after 1300+ days

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33 Upvotes

Judgement handed down today, after 1300+ days.


r/auslaw 17h ago

Judgment Rebel Wilson Judgement Live at 2:15pm - Link Provided

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30 Upvotes

I feel like we've waited sooooo long for this.

But incoming! :)


r/auslaw 13h ago

Dog Law Today

8 Upvotes

r/auslaw 1d ago

Judgment Unsuccessful appeal based on juror bringing Prima Facie novel into jury room during rape trial

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81 Upvotes

r/auslaw 1d ago

CAPS LOCK ON I WILL NOT RANT QUIETLY

23 Upvotes

I WILL NOT ACCEPT YOUR RULES


r/auslaw 1d ago

News a Judgment in Rebel trial is tomorrow

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69 Upvotes

r/auslaw 1d ago

Operation Ironside - Former Perth Lawyer Jailed

12 Upvotes

AFP Media Release: https://www.facebook.com/share/p/1HFFQDrji7/

Further information: Former Perth lawyer sentenced for Operation Ironside offences | Australian Federal Police

Former Perth lawyer jailed over encrypted messages with bikie gang - Lawyers Weekly

A former Perth lawyer has been sentenced to four years and four months’ imprisonment, with a non-parole period of two years and two months, for attempting to obstruct the c0urse of justice through encrypted communications with members of the Comanchero Outlaw Motorcycle Gang (OMCG).

Between 31 March and 5 June, 2021, the Leederville man sent and received several thousand messages on the encrypted AN0M platform.

The messages included discussions with senior Comanchero OMCG members about the clandestine movement of millions of dollars in cash and drugs, along with strategies to thwart police investigations.

As part of the Operation Ironside investigation, AFP officers identified the man as an AN0M user communicating with Comanchero OMCG members.

He was arrested and charged on 7 June 2021, after AFP members executed a search warrant at his home and seized two devices suspected of being used to access the AN0M app.

The conviction is another outcome of Operation Ironside, which has severely disrupted organised crime in Australia and continues to hold those responsible to account.


r/auslaw 1d ago

Senior silk speaking at the BPC:

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62 Upvotes

r/auslaw 2d ago

News Yup the landlords have done it, terminated the contract over 'offensive trade.

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79 Upvotes

r/auslaw 2d ago

It’s a News Bonanza! General Court Martial - Former Senior Navy officer -

52 Upvotes

Former senior RAN officer facing 8 charges. Set for 6 weeks at the Court Martial Facility in Fyshwick before MAJGEN Cowen AM KC.

Listing:

https://www.defence.gov.au/about/governance/military-justice-system/upcoming-superior-service-tribunal-proceedings

Story: (typos introduced for subreddit filters, I beg your indulgence mods)

https://7news.com.au/news/secretive-military-inquiry-launched-into-lucrative-naval-contracts-in-western-australia-c-22584034

A retired senior naval figure is facing a secret military disciplinary process over unspecified allegations involving lucrative defence contracts in Western Australia.

A retired senior naval figure is facing a secret military disciplinary process over unspecified allegations involving lucrative defence contracts in Western Australia.

Sources with knowledge of the matter have told The Nightly arrangements are being made to enable former Defence Department Secretary Greg Moriarty, who now serves as Australian ambassador to the United States, to give evidence from Washington.

“This really is a big deal, and a lot of effort is being made to ensure this serious case is handled thoroughly and by the book,” one defence source tells The Nightly, speaking on the condition of anonymity given the sensitive nature of the matter.

“The accused is receiving comprehensive legal support, including a defence team consisting of up to six people so this process is going to be quite an expensive one,” the serving ADF figure says.

The Nightly understands the accused officer, who will soon be subjected to a court martial on eight separate but unspecified charges, left the Australian Defence Force in the past few years.

A trial period of up to six weeks has been set down for the court martial which is scheduled to begin at a Canberra defence facility in September and be heard before the ADF’s Chief Judge Advocate, MAJGEN Michael Cowen KC.

In late June, a five-day pre-trial hearing for the matter was held at Western Australia’s HMAS Stirling naval base, which saw legal representatives fly to Perth for proceedings that were also overseen by MAJGEN Cowen.

Figures familiar with the allegations claim that due to the seniority of the accused ADF member it was initially difficult to find senior officers to take part in the court martial given who were not conflicted.

Those figures have also told The Nightly the complex case will examine interactions between the former Capability and Sustainment Group inside Defence and several large military companies who completed sustainment at Henderson shipyard.

Earlier this year The Nightly became aware of representatives from defence industry as well as departmental officials being contacted by military investigators ahead of a formal court martial being launched.

The Nightly understands the activity under investigation occurred during the previous Coalition government and before the Albanese government took power in 2022, but it is unclear why the matter is being handled by a military disciplinary process rather than a civilian court.

The Defence Department declined to answer several detailed qquestions submitted by The Nightly last week, citing obligations under the Privacy Act as the reason for why the name and military rank of the accused had so far been suppressed by the ADF.

Last year, the Australian National Audit Office found defence officials had failed to properly document and investigate bribery allegations made against navy ccontractor, in a scathing report on the multibillion-dollar commissioning and maintenance of two large warships.

The ANAO revealed that Defence had also determined there was no conflict of interest when a senior official involved in finding a supplier to take on a $700 million maintenance and upkeep contract then took a jjob offer with the winning bidder in the middle of the process.

A decade ago, a Royal Australian Naval officer was implicated in the massive “Fat Leonard” bribery scandal which involved dozens of military personnel being charged with corruption.

In 2019 former Lieutenant Commander Alexander Bryan Gillett avoided jail after pleading guilty to six instances of helping provide classified shipping information to Singapore businessman Leonard Francis while posted with the U.S. Navy.


r/auslaw 3d ago

News Victoria announces new social media ‘demasking’ powers for accounts accused of vilification

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68 Upvotes

r/auslaw 3d ago

Originalism - Two great books on the history of the Constitution

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17 Upvotes

r/auslaw 4d ago

Your home may not be a 'castle' when it comes to intruders and the law

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63 Upvotes

>Last month, alleged intruder Joshua Trethewey was alegedly shot by home owner Keith Blessing at his property about 65 kilometres south-west of Tenterfield.

>The 34-year-old was charged with two counts of wounding with intent to murder and one count of aggravated break and enter and committing an indictable offence.

>Ms Thom said it was "likely" Mr Blessing would also be charged.

This is really poor form on behalf of the ABC IMHO. Given the circumstances I don't see why any sensible person would consider it "likely" that he would be charged. Claims like this just add credibility to claims by certain people that "you can't defend yourself".


r/auslaw 5d ago

It’s a News Bonanza! I wonder how much more confusing things can possibly get for Ms Deeming

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67 Upvotes

Headlock? Non justiciable actions? Loans? All exceedingly confusing stuff.

Bankruptcy and disendorsement are hopefully easier to grasp.


r/auslaw 5d ago

DPP v WASS

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19 Upvotes

Having never practiced in NSW, the matter appears particularly salacious. Any dust raised by Wass J's decisions?

Director of Public Prosecutions (NSW) v President of the Legislative Council of New South Wales [2026] NSWCA 20
https://www.caselaw.nsw.gov.au/decision/19cb2047335215cbced878bb

[13] However, we do note that it is highly unusual for a sitting judicial officer to make a submission to a Parliamentary Committee bearing upon the conduct of any particular litigant before the judicial officer. None of the parties or interveners identified any comparable case, and we are aware of none. It is axiomatic that any judicial officer must constantly be concerned to ensure that justice is and has the appearance of being administered impartially. Although we make no comment as to the Judge’s Submission, one of the incidents of holding judicial office is the need to refrain from making statements which are capable of giving rise to a perception that the judge may not deal with matters before that judge impartially.

R v Baker [2026] NSWDC 239 (10 July 2026)

R v Baker [2026] NSWDC 239 (10 July 2026)

[110] What is most important in any consideration of whether there is a logical connection between the Director and the case, is to imbue the Observer with such knowledge, in the “real world of actual litigation". That is concerned with roles carried out and not labels. To do otherwise would be to ignore the need for the Crown to articulate a reasonable and logical connection between the Director and the matter, such that the Observer might conclude that any views I have of the Director might have any capacity to influence my decisions in the case. In this case, for the reasons identified, no logical connection has been identified.

[122] Accordingly, the Director’s lack of status as a party to the litigation and the line of delegation results in there being no connection between the statements made against the Director in the Submission or any other factor and whether the Observer might think that I might not deal with any submission to be made in the future by the Prosecutor on behalf of the Crown other than in accordance with its merits. The Observer would have no basis upon which to conclude that this might not be the case either then or in the future, given the distance between the Director and the case at hand.


r/auslaw 5d ago

Supreme Court of NSW Coffee Stand

28 Upvotes

Hello, does anyone know what happened to the coffee stand that was direct outside the supreme court of NSW. They have been gone for months and they had my favourite chocolate croissants. The other cafes don't taste the same. 😢


r/auslaw 5d ago

Did anyone else notice the LPLC used AI to write its warning about AI this morning?

54 Upvotes

"Rely on unverified AI output and the exposure is real"

These tropes are visible from space to anyone with even a passing familiarity with AI usage.

Even if the writer did not use AI, part of good writing now is identifying and forsaking the much loved turns of phrase that AI has appropriated. We all loved a good em dash but you'd be a brave one to use them in legal correspondence these days.


r/auslaw 5d ago

Constitutional challenges

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51 Upvotes

From 20 years ago in constitutional law, I understand we don't have a bill of rights. Say something like this is federally legislated regarding the Muslim headwear, is constitutional challenges in the High Court something that would occur or would it just be accepted as it's in the government's power to legislate.


r/auslaw 5d ago

Fitzgerald Inquiry and related court documents

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56 Upvotes

My mother was a witness in the Fitzgerald Inquiry, which really led to her being jailed in 1986/87 in Boggo Road Women’s Jail, which ultimately led to me being adopted.

I know she didn’t lead a perfect life, but she was a single immigrant with no family or support. Does anyone know if court documents would still be held for a case this old?


r/auslaw 5d ago

Judicial watchdog directs County Court judge towards counselling after 'unfair and inappropriate' comments

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42 Upvotes

r/auslaw 5d ago

Serious Discussion What time does rant bot kick off?

24 Upvotes

I’ve got so much shit to get off my chest.


r/auslaw 5d ago

Serious Discussion MacBooks, IPads and Tablets

8 Upvotes

I’m interested in hearing what setups others are using, particularly those who have moved away from paper.

Two questions:

(1) Does anyone here use a MacBook/Apple ecosystem in their legal practice? If so, has it integrated well with the software and workflows you use, or have you run into any limitations compared with Windows?

(2) Do you use an iPad or other tablet as an ancillary work tool? I’m particularly interested in using one for file notes, annotating briefs, and reducing the amount of paper I carry around. If you do, what app and stylus do you use, and would you recommend it?

I’ve also noticed some counsel using iPads with what looks like a matte screen protector that gives the surface more of a paper-like feel when writing. Has anyone used one of these (e.g. Paperlike or similar), and are these ancillary tools worth the spend?