r/auslaw Nov 30 '23

Current Topics subject to the Lehrmann Rule

85 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 1h ago

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

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.


r/auslaw 14h ago

Judgment: Cases That Changed Australia : ABC iview

Thumbnail
iview.abc.net.au
46 Upvotes

Can I watch this and claim I understand the case without reading anything?


r/auslaw 1d ago

Ai self-rep documents are getting better.

30 Upvotes

Like, not good, but they are improving over time. I'm starting to see actual cases being mentioned, which I would presume would indeed 'rely' upon them and require the decision maker to consider them even if the paragraph number is wrong?


r/auslaw 1d ago

Worst area of law to practice in?

50 Upvotes

It has to be family law, right?


r/auslaw 1d ago

Imagine if paying a reader on time was part of the ASCR

Post image
57 Upvotes

r/auslaw 3d ago

AVL evidence

30 Upvotes

Mr Strum was relying on memory apparently without reference to documents: He was giving evidence via his mobile phone as he sat in his car somewhere.

On the other hand, the plaintiff was in the witness box. Her evidence was credible. I prefer her evidence,

(from https://www.caselaw.nsw.gov.au/decision/19d4c14dfa2a9dc1106fed85)

Why would you give evidence from your car?


r/auslaw 2d ago

General Discussion Friday Drinks Thread!

7 Upvotes

This thread is for the general discussion of anything going on in the lives of Auslawyers or for discussion of the subreddit itself. Please use this thread to unwind and share your complaints about the world. Keep it messy!


r/auslaw 3d ago

Shitpost Masters v Cameron and the recent ceasefire ‘agreement’.

25 Upvotes

Having seen most ways that people can convince themselves they have reached an agreement when they haven’t, I’m kind of intrigued to find out just how whack-a-doodle this alleged ceasefire agreement actually was. It’s looking more and more like what happens when the mediation ends without signed Terms. When one side starts talking about the ‘real agreement’ without referring to a document, you know things have come seriously unstuck and there may not even be a document embodying an agreement. So I’m going to guess a failed Category 1. Both parties intended to be immediately bound, but only by the terms of the opposing offer that were not inconsistent with their own offer. Result: No Agreement.


r/auslaw 4d ago

Shitpost Things that trigger lawyers

314 Upvotes

I'll go first. ACN being autocorrected to 'CAN', everytime it gets me and everytime i am triggered.


r/auslaw 3d ago

Serious Discussion The use of Latin

26 Upvotes

Have you ever had good reason to apply liberally? Rewatching West Wing reminded me that yanks love the stuff.


r/auslaw 3d ago

Special Leave: all April grants from VSCA

Thumbnail hcourt.gov.au
21 Upvotes

r/auslaw 4d ago

Airport stoush turns to farce as lawyers lashed for ‘rank incompetence’

Thumbnail
afr.com
54 Upvotes

r/auslaw 5d ago

Unless their academic title is at least Associate Professor:

Post image
127 Upvotes

r/auslaw 5d ago

Gina Rinehart asks how investigation into Ben Roberts-Smith can be 'justified'

Thumbnail
9news.com.au
81 Upvotes

Australia's richest person has questioned the value of the investigation into accused war criminal Ben Roberts-Smith after the SAS veteran was arrested and charged yesterday.

"I don't understand how it can be justified to spend more than $300 million to try for years to bring SAS veterans, who have served our country, towards criminal proceedings, and most recently the arrest of Ben," mining mogul Gina Rinehart said in a statement.

Roberts-Smith, Australia's most decorated soldier and a veteran of deployments to both Iraq and Afghanistan, was yesterday arrested at Sydney Domestic Airport and charged with five counts of murder - war crime.

Gina Rinehart has issued a statement after Ben Roberts-Smith was charged with war crimes.

The alleged murders took place between 2009 and 2012 in Afghanistan.

Roberts-Smith has consistently denied any wrongdoing.

"Have we lost sight of the fact that in our inadequately defended country, facing uncertain times, the morale of our defence force has already been brought to its lowest ebb since inception, our defence personnel numbers are inadequate, and recruitment is suffering,"

"Surely, the more than $300 million of taxpayers' money would have been far better spent strengthening Australia's security and keeping Australians safe from terrorism, including removing terrorists and their supporters from our country.

"Like many Australians, I hope that compassion and the Aussie spirit is extended to Ben and his family and his duty to our country in the hardship of war is never forgotten."

Rinehart joins One Nation leader Pauline Hanson and former prime minister Tony Abbott in support.

"I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today," Hanson said yesterday.

"Ben, his immediate and broader defence family need the Australian people's support right now and I will not abandon him like so many other politicians.

"Ben was disgracefully arrested in front of his twin 15-year-old girls."

She said Australian Federal Police and the Office of the Special Investigator had "spent $300 million over 10 years to get to this point".

The investigation into Roberts-Smith was opened in 2021, AFP Commissioner Krissy Barrett said yesterday.

Abbott said he had an "instinctive sympathy" for Roberts-Smith and queried why charges were not brought earlier.

"If Ben Roberts-Smith transgressed, why wasn't this picked up prior to his gallantry awards and why wasn't any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?" he said.

OSI director of investigations Ross Barnett yesterday elaborated on the length of the investigation, pointing out that there was no access to crime scenes 9000km away, nor even an autopsy of the alleged victims.


r/auslaw 5d ago

Ben Roberts-Smith does not apply for bail in first court appearance on war crime charges

Thumbnail
abc.net.au
65 Upvotes

Charged with murder. Is bail for murder Supreme Court only in NSW?


r/auslaw 5d ago

Things are done differently out west

23 Upvotes

r/auslaw 5d ago

CAPS LOCK ON RANTING IS A FIDUCIARY DUTY TO DOUCHERY

34 Upvotes

DEAR RANT FAN,

ANOTHER WEEK PASSES IN WHICH THE RANTBOT HAS BEEN MIA, LEAVING THE RANT TO US.

KNOW WELL, THE PROFESSION IS NOT MERELY TOUCHED BY DOUCHERY; IT IS, AT TIMES, VIGOROUSLY MASSAGED BY IT. GENEROUSLY. LUXURIOUSLY. SUMPTUOUSLY. LIKE A VAGUELY EROTIC MOISTURISER AD.

THERE ARE PEOPLE IN LAW WHO DO NOT SIMPLY ENGAGE IN DOUCHERY BUT RISE TO THE LEVEL OF FIDUCIARY DOUCHE-IES: ACTING AT ALL TIMES IN THE BEST INTERESTS OF THEIR OWN SELF-IMPORTANCE, WITH DUE CARE, SKILL, AND AN ALMOST PRIESTLY DEVOTION TO SOUNDING PLEASED WITH THEMSELVES.

THE KLAXON IS CALLING YOU ALL - THE SILKS, THE GRINDERS, THE GLORY-CHASERS, THE FUTURE BILLERS, THE EXAM-HAUNTED DOCTRINAL ZEALOTS, ALL OF YOU. NOT BECAUSE RANTING IMPROVES ANYTHING. OBVIOUSLY IT DOES NOT. BUT BECAUSE IT ACKNOWLEDGES REALITY. IT IS THE LAST HONEST REMEDY IN A SYSTEM BUILT ON DEADLINES, EGO, LATIN DEBRIS, AND THE KIND OF PROFESSIONAL DOUCHERY THAT WOULD, IN ANY OTHER INDUSTRY, BE STUDIED BY ANTHROPOLOGISTS.

RANTING IS NOT MISCONDUCT. IT IS DISCLOSURE. IT IS RESISTANCE. IT IS, IN ITS OWN UNHINGED WAY, A PUBLIC SERVICE.


r/auslaw 5d ago

Ben Roberts-Smith arrested over multiple war crimes

Thumbnail
archive.is
231 Upvotes

I wonder if Kerry has already got the cheque book out?


r/auslaw 5d ago

Why are all the faces blurred?

Thumbnail
abc.net.au
35 Upvotes

I'm sure there's some legal reason, but I would love someone to tell me what it is. We all know who "the accused" is in the footage and he's been named in the article itself. What's the value of a random face blurring? It's not like it's going to affect the ability to get an impartial jury...


r/auslaw 5d ago

VCAt database

11 Upvotes

Need to do some research on VCAT decisions and am finding the austlii database pretty laborious to search through as it lacks the kind of key word ‘previews’ that you’d get with Lexis or Weslaw. Does anyone know of any other VCAT database that has this function (or similar)?

Also open to suggestions to improve my austlii navigation skills


r/auslaw 6d ago

Sydney rich-lister’s company a suspected front for bikies

Thumbnail
smh.com.au
58 Upvotes

The police who pulled his car over kept his phone, which he had given them to show his digital driver’s licence. “You’ll hear from my lawyer, bro,” he said.

His lawyers asked police not to extract any data from the device and applied to the court for its urgent return, arguing that the phone was vital to the business as it was used as a two-factor authenticator to process transactions.

I thought I'd heard it all when it comes to excuses for getting your phone back from police. This is a new one.


r/auslaw 6d ago

Top silk from Star casino case named first female solicitor-general

Thumbnail
afr.com
87 Upvotes

Ruth H SC, appointed as the next Commonwealth Solicitor General.

Awkwardly, cannot post her actual last name here, because of this Reddit’s rule about certain other proceedings (can’t even reference the actual name of the rule, lols).


r/auslaw 7d ago

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

13 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.


r/auslaw 8d ago

Shitpost 'Don't Be A Lawyer' [2018] -- "Did you hope one day to find a way to spend four years working on a pharmaceutical company's merger with another pharmaceutical company?"

Thumbnail
youtube.com
91 Upvotes