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 superannuation company
- What both matters mean for environmental advocacy

www.mccabecurwood.com.au/trial-by-podcast
Instagram: @TrialByPodcast

# 42 - Climate change and class actions: Environmental advocacy in Australian courts

Why is it that sports players involved in serious acts of violence during a game are rarely criminally prosecuted, and are often only put on report or suspended by the relevant sporting body?

Law Graduates Emma Jagot and William Wade discuss this and relevant case law in this episode of Trial By Podcast.

# 44 - Battery on the footy pitch: Consent to injury in sports

New Zealander Laurel Hubbard became one of the first openly transgenders athletes to compete in an Olympic Games this year. However, her participation was heavily criticised as she was competing in the over 87-kilogram weightlifting event. Some critics deemed this to be unfair as she was born biologically male.

Where does the law lie for female transgender athletes?

Law Graduates Emma Jagot and Jacqueline White discuss the guidelines for female transgender athletes competing in the Olympics, and the rules with other sports bodies.

# 45 - Transgender athletes and the law

From citizen's arrests by anti-Uber activists, to a Sydneysider implanting the chip from an Opal travel card into his hand, we have seen some unique legal cases pop up over the years.

In this episode of Trial By Podcast, Law Graduates Emma Jagot and Monique Messenger count down their top five most unusual legal cases in Australia.

# 47 - 5 unusual legal cases that actually happened in Australia

The High Court confirmed on 8 September 2021 that media companies are responsible for the disparaging comments made on their Facebook posts, and can even be sued for these comments.

Law Graduates Jacqueline White and William Wade discuss the case of Fairfax Media Publications v Voller, and some of the potential consequences of the decision made by the High Court.

# 48 - Fairfax Media Publications v Voller: Media companies liable for comments on Facebook posts

Whether it’s Alexa, Google Home or Siri, most of us probably use at least one of these. But a heated topic of debate continues to surround these devices: are they listening to us and recording our conversations?

In this next episode of Trial By Podcast, Graduate Lawyers Monique Messenger and William Wade answer three of our biggest questions:
- Are they recording my conversations?
- Where is that information stored?
- What is being done with that data?

#49 - Hey Alexa: Are our AI smart assistants recording us?

In this episode of the Trial By Podcast, law graduates Emma Jagot and Jacqueline White discuss the laws in place to help homebuyers avoid buying property with a spooky past.

# 50 - Halloween Special: Haunted Houses

In case you somehow missed it, Gladys Berejiklian resigned from her position as NSW Premier in September after ICAC announced that they were investigating whether she breached the public trust. 

In this Trial By Podcast episode, Graduate Lawyers William Wade and Emma Jagot unpack what ICAC is, and take a deep dive into why everyone is talking about it.

# 51 - What is ICAC and why is everyone talking about it?

Law Graduate Jacqueline White discusses the implications of vaccine policy for employers as the COVID-19 pandemic continues.

# 52 - Vaccine Policy

Gun manufacturer Remington has settled with the families of the victims of the Sandy Hook Elementary School shooting. Remington's marketing was found for be aimed towards young men, which is said to have contributed to tragic event that occurred. 
 
Law Graduates Samantha Jack and Kelly Williams explore the tough, controversial issue of gun law, and whether this case sets a precedent for who is liable and responsible for future events like this.

#mccabes #auslaw #law #legalpodcast #graduateprogram #lawgrads #graduatelawyer #gunlaws #usa #massshooting

# 53 - Can gun manufacturers be held liable for mass shootings?

The trade of crypto assets has soared in popularity with around 3.4% of the Australian population owning some form of cryptocurrency. The question we have is, what happens at tax time after you make a profit from crypto?

In this Trial By Podcast episode, Lawyer Shay Sorefan and Law Graduate Georgina Le Sueur examine the current laws around taxation on cryptocurrency in this new and dynamic space.

#cryptocurrency #taxation #assets #crypto #podcast #legalpodcast #lawyers #lawgrads #mccabes

# 54 - Taxation on Cryptocurrency

If you’re a dog lover, there aren’t too many things better than a cute puppy. Characteristics such as wrinkles, tiny heads, or flat noses are always aww-worthy, but selective breeding for ‘cute’ purposes has been proven to lead to genetic disorders in dogs.

In this Trial By Podcast episode, Law Graduates Kaitlyn Oliver and Ella Trevena dive into the world-first law changes in Norway around dog-breeding, and what reforms are in consideration here in Australia.

#mccabes #auslaw #law #legalpodcast #graduateprogram #lawgrads #graduatelawyer #pets #dogs #puppies #norway #dogbreeding

# 55 - Impawfections: What reforms are underway for dog breeding?

The defamation trial between Johnny Depp and Amber Heard was a polarising event, with domestic violence and toxicity in relationships at the forefront of proceedings.

In this Trial By Podcast, Law Graduates Kaitlyn Oliver, Maddy Cron, Ella Trevena, Georgina Le Sueur, and Lawyer Shay Sorefan take a comprehensive look into the background of the case, the arguments of both sides, and the eventual outcome.

# 56 - Depp v Heard: Defamation and a global audience

The U.S. Supreme Court officially reversed Roe v Wade in June 2022, a largely controversial political and societal decision.

Law Graduates Catherine McCorriston, Kelly Williams, and Darcie Hill discuss how this was able to occur, and the far-reaching implications this decision has.

# 57 - Roe v Wade Overturned: What does it mean?

The roads of the future will inevitably be lined with autonomous vehicles, leaving the decision-making to artificial intelligence rather than humans.

Law Graduates Jack Cale and Tennille Chester discuss the innovative laws that will form in response to this eventuality, and see what is in store as we begin to adapt to these new technologies.

# 58 – Self Driving Cars: Who’s liable when they crash?

The growth of social media has correlated with the growth of online advertising, often stealthily hidden through influencer promotions.

Law Graduates Jack Cale and Catherine McCorriston discuss the laws around whether influencers are required to disclose when they are advertising, and how brands need to navigate this new and lucrative way to reach new customers.

# 59 – Do influencers need to tell you when they are advertising?

It's common for makeup stores and chemists to have makeup samples for customers, so that they can try before they buy. 

In this Trial By Podcast, Law Graduates Naomi Ralphs and Tiffany Wong discuss what happens when this process can go wrong, such as the 2015 incident where Sephora was sued by someone who contracted oral herpes from a lipstick at one of their stores.

#60 - Rouge Awakening: What happens if makeup in a shop gives you an infection?

In this Trial By Podcast, Law Graduate Ella Trevena discusses the Fair Work Legislation Amendment Bill 2022. 

This bill aims to amend the Fair Work Act 2009 in several key areas in order to increase wages and improve the gender pay gap.

#61 - Significant changes from the Secure Jobs, Better Pay Bill

Reality TV is one of Australia’s most guilty pleasures, with new programs within the genre being released constantly. However, there is a layer of manufactured drama behind the ‘unscripted’ programs, and with this brings legal and moral issues.

In this Trial by Podcast episode, Law Graduates Isabella Bagus, Morgan Graham, and Chantal Ryan-Linnane examine just how much we really know about reality TV.

#62 - Guilty Pleasures: The laws behind reality TV drama

From streamlining legal processes to predicting case outcomes, AI has the potential to revolutionise the legal profession.

In this Trial By Podcast, Law Graduates Matthew Sitima, Ryan Greenaway, and Emma-Lee Jones explore the ethics, risks, and limitations of relying on machines for legal decision-making.

#63 - Judge Bot: Is Chat GPT changing the legal system for better or for worse?

Australia has become one of the largest consumers of cosmetic surgeries in the world, but what are the legal ramifications of these procedures if they go wrong? 

In this Trial By Podcast, Law Graduates Antonia Bonura, Prineeka Sharma and Britney Tassone explore the not so glamorous side of cosmetic surgery in Australia.

#64 -  Beauty or Botched: The legal consequences of cosmetic surgery

In this episode of Trial by Podcast, law graduates Antonia Bonura, Emma-Lee Jones, and Britney Tassone explore the complicated world of copyright in the music industry, taking a closer look at its recent impact through a high-profile landmark decision involving Ed Sheeran.

#65 - A Familiar Tune: Navigating music copyright laws

In the digital age, a great deal of communication is enacted through text messages, emails and social media platforms, where emojis are frequently used. A Canadian Court recently held that the thumbs up emoji was enough to constitute acceptance of contractual terms, similar to a signature, to create a legally binding contract.

In this Trial by Podcast, Law Graduates Emma-Lee Jones, Britney Tassone and Antonia Bonura discuss how emojis are becoming intertwined into the legal landscape.

#66 - Thumbs Up: Can an emoji really signify a contractual agreement?

Do you know who has possession of your body when you die? Can human tissue and sperm samples from a deceased person be valid items of property? And what are the legal implications of such questions?

In episode one of Trial by Podcast, litigation lawyer Luke Dominish goes back 100 years to examine English and Australian cases discussing burial rites, human tissue and sperm samples to determine what can happen to your body when you die. 

Subscribe to this podcast on SoundCloud and iTunes to learn more about the weird and wonderful world of law and some of the more fascinating issues that affect our lives and those around us!

#1 - Who has possession of your body when you die?

Who owns the copyright of your tattoo? It may not be you. Original works of art normally belongs to the artist, giving them exclusive rights of control of reproduction, public presentation and the ability to profit from their work. Amelia Cooper covers what this means for tattoo wearers, whether there are legal consequences in displaying your tattoo and how to own the copyright of the tattoo.

#3 - Who owns your tattoo?

Do you have a great business idea? Have you ever considered starting up your own company? Have you considered which business structure is right for you? And what are your obligations as a director of a company? If these questions have ever crossed your mind, then you need to tune into this podcast.

#4 - Directors' duties: what are your obligations?

Vanessa Turner from our Insurance group discusses the perceived nanny state, personal responsibility and duty of care. Listen in to find out where there is liability for harm and in which circumstances it is an individual's own responsibility.

#5 - Will it be illegal to run without a helmet?

Welcome to Trial by Podcast’s bonus episode for National Mental Health Week where Solicitor Guy Lewis interviews The Wellness Doctrine’s author Jerome Doraisamy. Guy and Jerome discuss some of the issues related to mental health that young lawyers and law students may experience and explore ways that professionals can take care of their wellbeing.

#6 - Let’s talk about Mental Health

When it comes to writing an email, a formal letter to a colleague, or even a text message to a friend, the ramifications of making a mistake while typing are insignificant. However, in the context of legal drafting, mistakes or typos, however small, can have significant financial consequences. In this Trial by podcast, we will explore three cases where this couldn't be more true, in fact, in one of the cases, a missing Oxford comma resulted in a US$5 million compensation payout.

#11 - When poor grammar costs you $5million.

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.

# 14 - Pets and Apartments

Who owns my body after I die? Can I leave my entire estate to my dog? Do I own the rights to the tattoo on my arm? Welcome to Trial by Podcast, a fortnightly podcast series by Australian law firm, McCabes where we discuss dinner-party legal topics, current events and the laws surrounding them.

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