The Wigs is a weekly-ish podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns as they deep dive into the scenarios and outcomes that make up our legal system.
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The podcast spreading mateship and chatting geopolitics. Diplomates* is the podcast giving you the definitive answers to the key questions facing Australia and the world. Our guests are the leading foreign policy experts, thinkers and political big wigs from around the world. Each episode is a deep dive into the very latest trends in global affairs. We mine the expertise of our guests and hand it over to you for your listening pleasure. Our 'Chinwags' are hosted by Misha Zelinsky; the Aussie ...
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In this episode, the Wigs discuss the decision in Mokbel v The King [2024] VSC 725, in which questions relating to an appeal by Antonious Mokbel arising out of the Gobbo saga in Victoria were determined by Justice Fullerton. Shortly after the Wigs recorded this episode, the Victorian Court of Appeal granted Mokbel bail pending determination of his …
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Trying Historic Abuse Claims Without the Accused
40:00
40:00
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40:00In this episode the Wigs discuss a trio of recent high court decisions that deal with a pretty new question, when can a civil claim for sexual abuse said to have occured many decades ago be fairly tried, even when the alleged assailant has died and much related evidence lost. This question has emerged following the abolition by state parliaments of…
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Proactive Policing: The Wigs Interview Journalist Paul Farrell
27:39
27:39
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27:39In this episode - Wigs Felicity and Emmanuel speak with journalist Paul Farrell about proactive policing particularly stop and search practices within the NSW Police Force. Paul is an investigative reporter who has worked at the ABC, the Guardian and Buzzfeed News, breaking major national and international stories. He led the Guardian's Nauru files…
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Final Episode of the Year - Answering YOUR Questions (Part 2)
39:45
39:45
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39:45Our final episode for 2024! This is part 2 of our speed round - answering your questions! If you have a question for the Wigs, feel free to shout out to us on Facebook. And don’t forget to rate, review and subscribe to the podcast. Have a happy and safe holiday break and new year to all our lovely, loyal listeners. We love you! Jim, Flic, Manny and…
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End of Year Special! Answering Listener Questions!
55:56
55:56
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55:56As a finale for 2024, the Wigs took listener questions and answered them in a speed round. This is Part 1 of the speed round covering a range of topics from the right to disconnect as an employee, to the Disability Royal Commission recommendations, the age of criminal responsibility and the use of good character evidence in sentence proceedings. If…
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Stephen interviews Ghassan Kassisieh (law, politics & a few things in between)
1:46:43
1:46:43
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1:46:43In this episode Stephen sits down for a wide ranging chat with Barrister Ghassan Kassisieh. The discussion is lengthy and covers lgbt rights, international politics, refugees, the politicisation of gay rights in the Israeli / Palestinian conflict and comparative law, among other things. Ghassan is a Barrister at 12 Wentworth Selbourne chambers in S…
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The Knitting Nanas take on Anti-Protest Laws and Win
56:00
56:00
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56:00It’s not every day of the week that a law is struck down as unconstitutional but that’s exactly what happened in the case of the Knitting Nanas against the State of NSW. Two Knitting Nanas Helen Kvelde and Dominique Jacobs with the help of the Environmental Defenders Office launched a constitutional challenge to s 214A of the Crimes Act 1900 that c…
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Is the Trump prosecution really a 'political witch hunt'? Many say yes, Judge says no
46:02
46:02
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46:02In this episode the wigs analyse the latest judgment in the federal prosecution of donald trump, in which the trial judge soundly rejected his application to terminate the prosecution on the basis that the biden administration is targeting him in a selective and vindictive manner. Judge Chutkan in rejecting the application also refused the former p…
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The Legal Requirements On Police To Consider Alternatives To Arrest
57:38
57:38
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57:38In this episode the wigs discuss a new police powers decision, Julie Bugmy v NSW Director of Public Prosecutions 2024 NSWCA 70, a recent decision of the NSW Court of Appeal. It concerns the law applicable when police arrest a person believed to have breached a condition of a grant of bail. Wig Stephen Lawrence actually appeared in the matter, instr…
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The Wigs Live - Reasonable Cause CPD 2024
57:38
57:38
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57:38In March this year, the Wigs were back to record a live show at the Reasonable Cause Continuing Professional Development Conference. The topic was Ethics for Defence Lawyers and the panel discussion you are about to hear examined the basis of ethical obligations, the nature of the fiduciary obligations lawyers have, common ethical breaches, some of…
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Foreign Bribery: Analysing The Changes To The Criminal Code
42:02
42:02
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42:02In this episode, the wigs tackle a bill that passed the federal parliament recently and very substantially amended the part of the Criminal Code 1995 that creates crimes related to engaging in bribery in foreign countries. The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 passed the Senate on 29 February 2024. These laws imple…
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Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer!
1:07:13
1:07:13
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1:07:13In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long…
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In this Wigs Extra Episode we present something a little unusual: a speech that Wig Emmanuel Kerkyasharian gave to the Legal Studies Association. Asked to speak about basic legal concepts in the context of the Legal Studies Syllabus, Emmanuel couldn’t resist the temptation to go philosophical, and presented a speech about what law is, and how it ca…
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Back for 2024! - Judge Newlinds and criticisms of the Director of Public Prosecutions
1:10:43
1:10:43
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1:10:43Welcome back to the Wigs for a brand new year! We have been on an extended summer break and hope you have enjoyed a great break too. In this episode, recorded at the end of last year, The Wigs examine a recent decision of NSW District Court Judge Newlinds in R v Martinez. The judgment has already been the subject of much media attention and concern…
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Christmasode: Will democracy survive in 2024? Let's find out!
1:05:48
1:05:48
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1:05:48G'day Diplomates fans: To round out the year, we had our great friend Hagar Chemali on discuss EVERYTHING happening in the world: Including: -- Israel Palestine and what happens next-- Trump in 2024-- The politics of Ukraine aid-- Hong Kong and Russian 'elections'-- India, Canada and the politics of assassinations AND MORE! Please get yourself a co…
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Felicity Graham interviews David Buchanan SC
55:13
55:13
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55:13This week we are delighted to have as a guest of the Wigs, David Buchanan SC. David is a quiet and unassuming legend of the criminal law in NSW. Admitted to legal practice in 1975 and then called to the Bar in 1977, in the decades between then and now he has not wearied nor lost his zeal and professional dedication. He was appointed Senior Counsel …
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The Vanderstock Decision: The Exclusive Power of the Commonwealth to Levy Duties of Excise
34:26
34:26
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34:26In this episode the wigs discuss Vanderstock and Victoria a very fiscally important recent decision of the High Court of Australia. The constitution reserves to the federal government the power to levy excises, essentially taxes on goods. The issue in Vanderstock was whether the Victorian government's electric vehicle levy, charged to owners per km…
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Special Episode: The Sun Will Rise — Peter Hartcher interviews Misha Zelinsky
1:04:45
1:04:45
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1:04:45In a special episode of Diplomates, the roles have been reversed as our host, Misha Zelinsky takes the hot seat! Legendary Australian journalist and geopolitical analyst, Peter Hartcher of the Sydney Morning Herald interviews Misha Zelinsky about his new book: The Sun Will Rise. The Sun Will Rise is inspired by true events and dedicated to the brav…
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Stephen interviews Bri Lee, author of Eggshell Skull
1:54:01
1:54:01
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1:54:01This week Stephen sits down for a long-form chat with Bri Lee, author of the best selling memoir Eggshell Skull which details Bri's work as an associate in the Queensland District Court and her experience as a complainant survivor in the criminal justice system. See omnystudio.com/listener for privacy information.…
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Prisoners of history? Israel, Hamas and Xi
46:46
46:46
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46:46G’day Diplomates fans, Hagar Chemali has joined us to unpack events around the world. We talk: The Israel-Hamas war. Is peace in the Middle East ever possible? Why does this issue inflame democratic nations so much? Mr Xi goes to Washington Albo in Beijing and Tuvalu And more! SHOW NOTES: Misha Zelinsky’s new book The Sun Will Rise is for sale here…
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This week the panel look at a truly unusual and interesting decision from Justice Wigney of the Federal Court which involved a serving federal judge being ordered to pay damages for wrongfully imprisoning a man he jailed for contempt of court. Stradford (a pseudonym) v Judge Vasta 2023 FCA 1020 has already had massive ramifications. Some judges hav…
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Terror in Israel — War, Peace and the Middle East
1:14:08
1:14:08
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1:14:08G’day Diplomates fans, Hagar Chemali has joined us to unpack the shocking terror attacks inside Israel. We note this situation is fast moving and apologise if any material is out of date. The Diplomates team sends our deepest condolences to those directly impacted or who have lost loved ones. We stand with Israel. We talk: What’s known about Hamas’…
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Rodden v R - A Discussion About Costs In Criminal Proceedings
31:59
31:59
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31:59It is sometimes said in the law that nothing generates hard work and legal ingenuity more than a costs application. This week the wigs examine a recent decision that was keenly awaited by the criminal law community in NSW. Rodden v R 2023 a decision of the nsw court of criminal appeal. Mr. Rodden was acquitted of murder and his lawyers sought a cer…
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Analysing The Combating Misinformation and Disinformation Bill.
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43:27
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43:27This week the wigs examine the federal government’s proposed Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill. The draft Bill released by the Albanese government proposes a method to combat the phenomenon of Misinformation and Disinformation, said to be a growing and pressing problem accompanying the explosion…
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The Wigs Live! - The Sofronoff Inquiry and its Aftermath
1:24:42
1:24:42
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1:24:42Welcome to a special "recorded live" episode of the wigs! The Wigs were invited to attend and live record an episode at the Australian Criminal Law Congress 2023 in Byron Bay. Emmanuel and Jim were unfortunately unavailable, so Felicity and Stephen teamed up with guest wig NSW Public Defender Paul Coady to live record the episode before an audience…
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