Sarah Avery

Not Just a Lawyer

Society EN ↓ 138 episodes

Law and law-adjacent hot topics highlighted or explained for the lay person. Opinions and non-legal interests occasionally featured.

Author

Sarah Avery

Category

Society

Latest episode

Sep 19, 2025

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Episodes

LEGALESE and POLICY: doli incapax (kids and criminal justice) 22.07.2020

Acknowledgement of Country. What is doli incapax? Is it working for us? Age of criminal responsibility - should we raise it? Thank you for listening!

LEGALESE: Amicus curiae 15.07.2020

Acknowledgement of Country. What the heck is an amicus curiae? Metaphors about pottery and jigsaws. Thank you for listening and take care!

Primer: what is sexual harassment? 08.07.2020

Content warning: sexual harassment. Acknowledgement of Country. What is sexual harassment? Sex Discrimination Act 1984 gives a definition. How can we do better? If you need to talk to Lifeline Australia, please call 13 11 14

Nguyen v The Queen: criminal law prosecutors have overarching duty of fairness 03.07.2020

Acknowledgement of Country. Criminal law: High Court of Australia decision of 30 June 2020. Prosecutorial discretion. Duty of fairness. What does this decision mean? Why is it important? How does it reflect our system of justice?

WA POLICE vs traffic cameras: guess which has a higher rate of issuing fines to Aboriginal drivers? 01.07.2020

Acknowledgement of Country. Data shows how Aboriginal and Torres Strait Islander drivers are policed in Western Australia. Article dated 5 February 2020 by C Wahlquist in The Guardian: “Aboriginal drivers in WA more likely to get fines from police officers than traffic cameras”. Why do human police issues fines to Aboriginal drivers at a higher rate than traffic cameras? When traffic cameras are d...

NSW CANNABIS CAUTIONS: Aboriginal & Torres Strait Islander folks often get charged instead 24.06.2020

Acknowledgement of Country. Guardian Australia article 10 June 2020 by M MCGowan and C Knaus: “NSW police pursue 80% of Indigenous people caught with cannabis through courts”. Let’s consider why this New South Wales Police discretion is being used differently. Donate to Aboriginal and Torres Strait Islander Legal Services. NSW and ACT: https://www.alsnswact.org.au/donate

DON DALE TEAR GAS - High Court of Australia decision in Binsara v NT 17.06.2020

Acknowledgement of Country. 3 June 2020 decision of High Court of Australia in Binsaris v NT [2020] HCA 22. Battery. CS gas (form of tear gas) used by prison officer in youth detention centre. Broader issues involving: Children. Aboriginal and Torres Strait Islander overrepresentation in criminal justice system. Racism. Age of criminal responsibility. Walk a mile in someone else’s shoes. Thank you...

Client confidentiality vs imminent threat of serious physical harm 10.06.2020

LIFELINE 13 11 14 CONTENT WARNING: discusses suicide, homicide, violence, trauma, client and lawyer mental health. If this distresses you or you otherwise need to talk to someone, please call LIFELINE 13 11 14. Welcome. Acknowledgement of Country. Duty of confidentiality to clients. Exception for preventing threat of imminent serious physical harm to client or another person. What does this mean i...

BONUS EPISODE: SUBPOENAS AND THE RULE OF LAW 04.06.2020

Welcome, Acknowledgment of Country. Bonus content: wise words written by the Honourable Michael Kirby about Cambodia and its rebuilding of the legal system in 1996. Subpoenas essential to the rule of law.

SUBPOENAS 03.06.2020

Welcome. Acknowledgement of Country. What in the heckin’ heck is a subpoena? Subpoenas to produce documents. Subpoenas to attend and give evidence. Why might you need legal advice about a subpoena? Thank you for listening and take care!

Reconciliation Day 2020 01.06.2020

This episode discusses deceased persons. Acknowledgment of Country: Biripai nation near Taree. Let’s all be better this Reconciliation Day. Let’s all do better every day.

BONUS: CANBERRA COVID-19 LEGAL HELP 28.05.2020

Acknowledgement of Country. Amazing Canberra Community Legal Centres and Legal Aid have partnered to bring you: canberracovidlegalhelp.org.au Made by Canberra Community Law and their legal partners, Legal Aid ACT, Women's Legal Centre ACT, Economic Justice Australia and Care Inc Financial Counselling Service. Website will be continually updated with resources. You can access the website at canberr...

THE CONSTITUTION 27.05.2020

Welcome. Acknowledgment of Country. Why do we have a Constitution? The Australian colonies. Separation of powers between the Commonwealth and the States (and Territories). All underpinned by the racist myth that Aboriginal and Torres Strait Islander people could and should be ruled by the British.

CASE THEORY 20.05.2020

Welcome. Acknowledgement of Country. What is a case theory? Use by lawyers. Use by investigators. Lindy Chamberlain. Keli Lane. People who do not act the way society expects them to. Unconscious bias. The importance of diversity. Shout out to community legal centres.

NOISE 13.05.2020

Hello. Acknowledgement of Country. Public health and noise. Noise and you. Stay safe and look after your health!

KNOW MY NAME by CHANEL MILLER. Law-adjacent book review. 13.05.2020

CONTENT WARNING: sexual assault. Book review of KNOW MY NAME by Chanel Miller. Also known as Emily Doe of the viral victim impact statement about the Stanford Campus assault. Acknowledgement of Country. Why you should read this book even though it’s heavy going. Resources: Lifeline 131114. Look after yourselves, friends

COVIDSafe app 11.05.2020

Welcome. Acknowledgement of Country. COVIDSafe app. What are the key legal implications for the everyday person? Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 5 Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020. Take care in this challenging time!

LEGALESE: retainers, pro bono 06.05.2020

Acknowledgement of Country. Legalese. What is a retainer? What does pro bono mean? Shoutout to community legal centres especially Canberra Community Law and Women’s Legal Centre ACT.

THE MYTH OF HEARSAY 29.04.2020

Hello. Hearsay: expect a heckin’ bamboozle. Acknowledgement of Country. The myth of hearsay. Business records. Tongue twister: hearsay for a non-hearsay purpose. Thank you, and goodbye, brave souls.

FITNESS TO PLEAD 22.04.2020

Hello. Acknowledgement of Country. What is fitness to plead (and fitness to stand trial)? What factors might make me question a client’s fitness to plead or stand trial? The importance of experts. Keeping your eyes open as the trial proceeds. Thank you and goodbye!

JOINT CRIMINAL ENTERPRISE 15.04.2020

Acknowledgement of Country. Siri interrupts. What is joint criminal enterprise? Agreeing to commit a crime. Bend and snap. Premeditated or spontaneous. Is this law fair? Until next time!

PEP TALK 09.04.2020

Hello! Acknowledgement of Country. Never lick doorknobs. Be excellent to each other! Bye bye.

CONSENT 08.04.2020

Welcome. CONTENT WARNING: sexual assault. Acknowledgement of Country. What is consent at law? What can we learn from the kink and BDSM community? What is a positive consent standard? Lifeline: 131114

HIGH COURT’S PELL DECISION 08.04.2020

Content warning: child sexual abuse. Please call Lifeline on 131114 if you need to. Acknowledgement of Country. Brief explanation of the decision for non-lawyers. No detail of the allegations is discussed but the type of charges are stated. Juries. Proof beyond reasonable doubt.

INSTRUCTIONS 31.03.2020

Welcome. Acknowledgement of Country. Instructions - what are they? A shallow dive into the world of “instructions” as the word is used by lawyers. No mere mouthpiece! Thank you and goodbye!

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