The Wigs

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 results were disturbing and are further evidence of the systemic problem in the state of NSW when it come...

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 Harvard and involved two separate cases one involving Harvard, the other the University of North Carolina...

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 the facts underlying the allegations and the overall merit in prosecuting a former president in what is...

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 involved in, the Indian media scene, human rights in India including freedom of religion and much much mor...

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 admitted as evidence in the case  and that parties or others who obtain the documents commit contempt...

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 the prosecution was malicious or that his arrest had been unlawful, he did succeed with a relatively...

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 to defend themselves at trial. For decades the law has maintained that a jury simply cannot be told the...

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 context of the case, the Wigs have a broader discussion about domestic violence offences. See omnystudio...

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 such time as they make their first speech, new members cannot speak on any business of the house. Step...

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 cases claim the allegations were in fact lies.  Most experts and criminal lawyers are aware that many...

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 witness statement and evidence in full on the ACT inquiry website which is online.  In short, Mr. Drumg...

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 innocence. The case could well be one of the gravest miscarriages of justice this country has seen - a m...

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 Felicity Graham. See omnystudio.com/listener for privacy information.

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.

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 follow us on Facebook https://www.facebook.com/thewigspodcast and Twitter @wigspodcast. See omnystudio.co...

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 not have sufficient income, this led to the inevitable loss of his mortgaged asset. The High court consi...

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 legislation that will affect Aboriginal and Torres Strait Islander people.  Secondly, the Albanese go...

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, the wigs look at a recent decision of the NSW court of criminal appeal in a case called Stuart, where th...

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 "will" ultimately receive a jail term when they are sentenced unless there are special or exceptional circ...

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 recent decision in Dobbs, State Health Officer of the Mississippi Department of Health v. Jackson Women's He...

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 the Victorian Parliament's Scrutiny of Acts and Regulations Committee. His early research focused on f...

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 to assist disadvantaged young Cambodians further their education. To see more about this charity go...

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 representation were recently struck down by the NSW court of appeal. The case turned on statutory interp...

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 Boulten SC to have a fascinating discussion about the life and career of the late and great barrister...

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 nature of an appeal against conviction from the Local Court to the District Court in NSW, follow...