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 (1800 737 732) NSW Rape Crisis (1800 424 017) Sexual Assault Counselling Australia (1800 211 028)

Trial by Podcast

#43 - Consent Law Reform in New South Wales

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

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 sides, what's your stance?

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

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.

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

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.

#39 - #FreeBritney and conservatorship

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.

# 38 - The path to Principal

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 Messenger take a look at Unfair Contract Terms, and the recent amendments made to the legislation. They also discuss McCabe Curwood's new app, MC Act, which helps businesses and individuals identify unfair contract terms. You can access MC Act here: https://mccabecurwood.com.au/the-firm/firm-resources-web-applications/

# 37 - Unfair Contract Terms

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 dogs in cars - Penalties faced, including potential fines and imprisonment - Who might be liable if legislation is breached when 'Riding with pets': the owner, driver, or the corporation Uber itself?

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

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 where they actually ended up - Why they chose McCabe Curwood's graduate program over other firms

# 35 - The McCabe Curwood Graduate Program

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 get the flu vaccine, and how this might translate with Australia's COVID-19 vaccine roll-out next year.

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

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 of.

#33 - Voter fraud

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.

# 32 - Transgender inmates and prison allocation

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.

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

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.

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

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.

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

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 monthly podcast series by Australian law firm, McCabe Curwood where we discuss dinner-party legal topics, current events and the laws surrounding them.

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Trial by Podcast

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