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The Wigs

English, News, 7 seasons, 69 episodes, 3 days, 5 hours, 13 minutes
About
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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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.
3/28/20241 hour, 7 minutes, 13 seconds
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Extra Wigs: The Law Is A Meme

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 can be conceptualised as a meme.  Many thanks to the LSA for sharing this recording with us and allowing us to present it to you.  See omnystudio.com/listener for privacy information.
2/22/202447 minutes, 21 seconds
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Back for 2024! - Judge Newlinds and criticisms of the Director of Public Prosecutions

Welcome 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 concerns a successful costs application made by Martinez following their acquittal on four charges of sexual assault. The judge, in awarding a costs certificate to the accused, made scathing criticisms of the Director of Public Prosecutions and raised concerns that in sexual offence matters the DPP is applying a surreptitious and improper policy under which sexual offences are prosecuted without proper regard to the strength of the Crown case. The DPP responded furiously to the judgment publicly stating a Judicial Commission complaint would be made against Judge Newlinds. The case raises unusual factual matters and interesting legal and policy matters. Now,See omnystudio.com/listener for privacy information.
2/14/20241 hour, 10 minutes, 43 seconds