McCabes Lawyers

Trial by Podcast

News EN ↓ 102 episodes

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.

Author

McCabes Lawyers

Category

News

Podcast website

www.mccabes.com.au

Latest episode

Jul 9, 2026

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Episodes

# 51 - What is ICAC and why is everyone talking about it? 22.11.2021

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.

# 50 - Halloween Special: Haunted Houses 26.10.2021

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.

#49 - Hey Alexa: Are our AI smart assistants recording us? 13.10.2021

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...

# 48 - Fairfax Media Publications v Voller: Media companies liable for comments on Facebook posts 27.09.2021

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.

# 47 - 5 unusual legal cases that actually happened in Australia 16.09.2021

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.

# 46 - How do the Australian Miscarriage Law Reforms compare internationally? 02.09.2021

In today's episode, Law Graduates Monique Messenger and William Wade will be discussing an area of law reform which has been received well in the headlines: the NSW miscarriage law reform and federal reform to the Fair Work Act. But, they will also be broadening this conversation to look at how Australia compares internationally when it comes to parental leave policies, like with New Zealand, Taiw...

# 45 - Transgender athletes and the law 18.08.2021

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 Ja...

# 44 - Battery on the footy pitch: Consent to injury in sports 04.08.2021

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.

#43 - Consent Law Reform in New South Wales 22.07.2021

In this episode of Trial By Podcast, Law Graduates Monique Messenger and Jacqueline White will be looking at the changes to consent laws in New South Wales. Please note sexual assault is discussed in this episode, which may be distressing for some listeners. If you would like to skip to the segment focussing on the changes to consent laws, please go to 9 minutes 30 seconds. Helplines: 1800 RESPECT...

# 42 - Climate change and class actions: Environmental advocacy in Australian courts 25.06.2021

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 Wad...

# 41 - Debate: Should judges have a mandatory retirement age? 10.06.2021

In Australia, judges have a mandatory retirement age of between 70 and 75. But decades on from when this law was introduced, is it time to make it a thing of the past? In this episode, law graduates Jacqueline White and William Wade debate both sides of the argument: that the mandatory retirement age should exist, and that the mandatory retirement age should be dropped. After listening to both sid...

# 40 - So you want to sue Google: Internet search engines and defamation 27.05.2021

Have you ever searched your name online? Were you happy with the results that appeared? In today's episode, lawyer Elise Newling and law graduate Emma Jagot discuss two legal cases in which Google was sued for defamation. They also discuss the steps you can take if defamatory material is published about you online.

#39 - #FreeBritney and conservatorship 12.05.2021

The #FreeBritney movement, and Britney Spears' conservatorship, has had a lot of media attention in recent years. But why is Britney under conservatorship? And do we have a similar arrangement here in Australia? Hosted by Stephanie Andrew, a lawyer in McCabe Curwood's Litigation and Dispute Resolution group, and law graduate Monique Messenger.

# 38 - The path to Principal 27.04.2021

In this episode, Chiara Rawlins, Principal in the Litigation and Dispute Resolution group at McCabe Curwood, talks to law graduates Monique Messenger and William Wade about her path to Principal. Chiara has a candid discussion on her career journey, the challenges she has faced, and the advice she would give to people seeking a career in law.

# 37 - Unfair Contract Terms 15.04.2021

Most of us have accepted a product or service's 'Terms and Conditions' without actually reading them, like with gym memberships or mobile phone plans. But what if one of the terms in the contract allowed the brand to increase fees without telling you? What if, instead of paying $50 a month, they could suddenly increase it to $100? In this episode, Lawyer Emma Connolly and Law Graduate Monique Mess...

# 36 - 'Riding with pets': Dogs and Ubers 30.03.2021

Uber is now trialling 'Uber Pet', which allows people to ride with their pet. With 4 in every 10 Australian households owning a dog, it's a service many of us will be interested in. However, this raises questions on how the laws surrounding dogs in cars would apply. Law grads Jacqueline White and Monique Messenger discuss: - The NSW legislation governing the rules and regulations of restraining do...

# 35 - The McCabe Curwood Graduate Program 18.03.2021

McCabe Curwood's 2021 rotating graduate program launched last month. In the first episode of Trial by Podcast for the year, new graduates Emma Jagot and William Wade ask lawyers (and past-graduates) Stephanie Andrews and Andrew Gouveia about their experiences in the program. This includes: - Their biggest concerns when starting as law graduates - The team they thought they would settle in, and whe...

#34 - Could your employer make you get the COVID-19 vaccine? 17.12.2020

The first COVID-19 vaccines have been rolled out in a handful of countries overseas, and Australia is set to launch their program at the beginning of 2021. A number of legal issues will likely arise during this, one being whether your employer can make you get the vaccine. In the final episode of the series, Emma Connolly and Lachlan Hallab discuss a recent case involving an employee's refusal to...

#33 - Voter fraud 25.11.2020

Today's episode looks at a topic widely circulated over the past few weeks: voter fraud. Trump accuses the Democratic Party of using it to win the 2020 US Presidential Election. But, when are claims of voter fraud baseless, how does it apply in Australia, and what are the penalties? Law Graduate Andrew Gouveia answers all this, and discusses some unique voter fraud cases you probably aren't aware...

# 32 - Transgender inmates and prison allocation 29.10.2020

Today, we're looking at one of the primary issues facing transgender people in Australian correction centres: which prison do they serve time in, the prison of their biological sex or of their identified gender? Law Graduate, Talia Mason, looks at how it works in each state across Australia, and key areas of concern for this community.

# 31 - Oscar Wylee: Misleading marketing could cost you millions 15.10.2020

Today's episode looks at charitable promises made by businesses, and how misleading marketing could cost you millions. Emma Connolly and Lachlan Hallab particularly look at eyewear retailer Oscar Wylee, who was fined $3.5 million for contravening the Australian Consumer Law.

# 30 - What is the news media bargaining code, and why is it so controversial? 01.10.2020

You may have seen #AFairCode trending online, or Facebook and Instagram threatening to stop Australians sharing and spreading news on their platforms. In this episode of Trial by Podcast, Andrew Gouveia looks at the news media bargaining code and how it could impact on everyday social media users, online platforms, news outlets and journalists.

# 29 - Cease and Desist! Is that an order? 17.09.2020

What is a Cease and Desist order, what do they do and how do you get one? In this episode Emma Connolly and Talia Mason discuss this, and the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd.

# 28 - Can sperm become property, and who owns it when a man dies? 03.09.2020

Can sperm become property? When a man dies, could it be owned by someone else? Law Graduates Andrew Gouveia and Lachlan Hallab take a look at this fascinating topic in this next episode of Trial by Podcast.

# 27 - Digital defamation: One comment online could land you in legal hot water 19.08.2020

Most of us don't think twice about our everyday social media interactions, so it may surprise you to learn that a Google business review, comment on social media or even a text message has landed people in legal hot water in the past. Law Graduate Talia Mason looks at some of these prominent defamation cases, and outlines changes to the NSW defamation law passed by NSW Parliament earlier this mont...

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