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The Wigs

The Wigs

The Wigs is a monthly 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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46 min•
13 Aug

Is the Trump prosecution really a 'political witch hunt'? Many say yes, Judge says no

In 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 president discovery of documents in support of his application on the basis it was not supported by sufficiently cogent evidence. The Wigs in analysing the case compare the basis on which a political prosecution can be terminated in the USA with Australia and discuss cases here that have featured somewhat similar issues. See omnystudio.com/listener for privacy information.

Is the Trump prosecution really a 'political witch hunt'? Many say yes, Judge says no
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57 min•
17 Jul

The Legal Requirements On Police To Consider Alternatives To Arrest

In 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, instructed by his old employer the Aboriginal Legal Service NSW/ACT way back when it began in 2022 in the local court in Broken Hill before Magistrate Trad and the episode begins with a re-enactment of Stephen's short cross-examination of the main witness. The issues focused on in the cross-examination proved to be decisive in the appeal and concerned the legal requirements on police to consider certain circumstances and alternatives to arrest before arresting a person for breach of bail. See omnystudio.com/listener for privacy information.

The Legal Requirements On Police To Consider Alternatives To Arrest
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57 min•
17 Jun

The Wigs Live - Reasonable Cause CPD 2024

In 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 the reasons why they occur, and how lawyers should respond to complaints. Reasonable Cause CPD gives 100% of its net profit to Reasonable Cause Inc., a charity that focuses on assisting disadvantaged young Cambodians to advance their education.  Friend of The Wigs Mark Dennis SC runs Reasonable Cause and The Wigs are always happy to assist a very reasonable cause by donating their time. More info on reasonable cause at rccpd.net.au.See omnystudio.com/listener for privacy information.

The Wigs Live - Reasonable Cause CPD 2024
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42 min•
23 Apr

Foreign Bribery: Analysing The Changes To The Criminal Code

In 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 implement Australia's international commitments to combat foreign bribery and impose substantial penalties on individuals and companies who engage in bribery while engaging in business overseas. The Wigs analyse the policy rationales for the laws, the elements, and some of the defences. The discussion also touches on some recent Australian prosecutions for this conduct.See omnystudio.com/listener for privacy information.

Foreign Bribery: Analysing The Changes To The Criminal Code
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1 hr, 7 min•
28 Mar

Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer!

In 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-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt.See omnystudio.com/listener for privacy information.

Is Indefinite Detention Punitive? Who Can Impose It? We Have An Answer!
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