Amy Remeikis
Remaining submissions start in Faruqi v Hanson case
We’re into last submissions to the federal court docket now, the place Mehreen Faruqi’s counsel is summing up Faruqi’s racial discrimination case in opposition to One Nation senator Pauline Hanson.
Faruqi’s counsel, Saul Holt KC tells Justice Stewart:
[In] what may generally be known as the helicopter view – the phrases printed right here [piss off back to Pakistan], we’ve heard them a lot of instances now, are a model of a well-known anti migrant racist phrase ‘return to the place you got here from’. They usually have been plainly focused [against] a brown, Muslim, migrant, senator.
Holt goes by way of the professional proof which went to the influence on well being and wellbeing of racism and whether or not that occurred right here. There’s a authorized definitional argument over ‘fairly doubtless’ or ‘possible’. Holt is saying that whereas Hanson’s counsel tried to outline ‘fairly doubtless’ as proof on the stability of chances and extra doubtless than not. Holt is arguing that the ‘cheap likeness’ definition Justice Stewart ought to be contemplating is “proof that there’s a probability of an occasion occurring which is actual, not fanciful or distant”. It looks as if semantics, however legally it issues.
It is going to in the end be for the justice to determine what he believes ‘fairly doubtless’ to imply.
Key occasions
Emily Wind
Many thanks for becoming a member of me on the weblog right now. Nino Bucci will likely be right here to information you thru this afternoon’s information. Take care and revel in your night.
Amy Remeikis
Faruqi’s lawyer says Hanson’s tweet was ‘taking part in the individual and never the ball’
The federal court docket listening to Mehreen Faruqi’s case in opposition to Pauline Hanson has resumed and Faruqi’s counsel is continuous to sum up Faruqi’s case.
Faruqi is suing Hanson alleging she was racially discriminated in opposition to and vilified by Hanson, who tweeted for Farqui to “piss off again to Pakistan” in response to Faruqi critiquing colonisation on the day the Queen died.
This case has had two elements: one, the influence on Faruqi’s well being and wellbeing from what she says is racist speech, and the protections she is owed below 18C and 18D below the Racial Discrimination Act; and two, which is a part of Hanson’s defence, that 18C and 18D could impede on the implied proper to freedom of speech.
Australia doesn’t have a invoice of rights so there isn’t any formally enshrined “freedom of speech” however the excessive court docket has beforehand discovered there’s an “implied” proper to freedom of speech – which just about quantities to all of us anticipate to have freedom of speech, and that expectation has given us a small degree of safety.
Faruqi’s counsel, Saul Holt, is now coming to that a part of Hanson’s defence. He says that Hanson would wish to show that her tweet in response to Faruqi was “truthful remark” and he says that she didn’t meet that bar. Holt:
It’s incumbent on Senator Hanson to show that’s truthful remark. There are facets of hurtful issues on this tweet that by this stage of the evaluation have already handed by way of the part 18 C hurdle, the place a remark is on a matter of public curiosity. And it’s not ok to say, ‘effectively, I used to be commenting on an individual who had stated one thing which was a matter of public curiosity’.
That’s the excellence, which is necessary on this context. It was taking part in, as we stated on the outset, the individual and never the ball and that distinction between abusing an individual versus taking up an concept is the truth is one which sits very primarily on the coronary heart of that which is protected by part 18 C and Part 18 D.
Police view greater than 500 movies from alleged bestiality offender
Detective superintendent Jayne Doherty has offered extra particulars across the arrest of a 38-year-old man, often known as “Beast Boy” on-line, who police will allege is without doubt one of the largest producers of on-line bestiality content material in Australia.
We had extra particulars round this earlier within the weblog right here.
Doherty stated police are reviewing the digital content material that was seized, and to this point investigations present the alleged bestiality has been “happening for a lot of years”. She couldn’t give a precise date, as a result of police are nonetheless reviewing the fabric.
Doherty stated police have considered “in extra of 500 movies” to this point throughout a number of units, however his on-line presence suggests there’s “much more
than we now have to this point considered”.
Police will allege the motive was sexual gratification and monetary benefit.
Performing inspector Lachlan King from the RSPCA offered extra particulars concerning the canine seized by police, which was allegedly the sufferer of sexual abuse by the person. King stated:
The seized Jack Russel terrier cross canine, which has been named Lachie while in our care, was examined by our chief veterinarian on admission. Samples have been taken for evaluation and we will verify that she is protected and doing effectively. Lachie will stay in our care below protecting custody whereas the investigation continues.
Amanda Meade
Listening to below approach on prices in Bruce Lehrmann v Community Ten and Lisa Wilkinson defamation case
Federal court docket justice Michael Lee is listening to purposes on prices within the Bruce Lehrmann v Community Ten and Lisa Wilkinson defamation case.
The 24-day civil trial could find yourself costing the events as a lot as $10m in authorized prices.
Lehrmann misplaced the case when Lee discovered he raped Brittany Higgins on the stability of chances.
Ten is arguing that Lehrmann ought to pay Ten’s whole authorized invoice after he made the “intentionally depraved” choice to sue.
Justice Lee stated he’ll take into account whether or not to grant Ten a prices order, and if that’s the case how a lot; whether or not Wilkinson ought to acquire a prices order and if that’s the case what ought to or not it’s; and whether or not a witness, Taylor Auerbach, ought to acquire a prices order.
In Lehrmann’s written submission he requested Lee to contemplate whether or not he ought to be compensated for the failure of Ten’s certified privilege defence.
Peter Hannam
Chalmers alerts ‘future made in Australia’ spending received’t stoke inflation
Treasurer Jim Chalmers this afternoon gave a speech on the Lowy Institute outlining how he desires to vary international funding approvals to offer higher emphasis to nationwide safety and financial safety. (We wrote this piece about his plans.)
Chalmers stated that in a “sea of uncertainty” he wished Australia to be an “island of reliability”, amid the looming challenges of decarbonisation and geostrategic rivalry. (The US and China are seen because the pure heavyweights on this bout however there are different gamers too.)
The funding tips may even play a job within the “future made in Australia” coverage that’s rising as the best way the Albanese authorities desires to organise and justify a few of its spending efforts. There’s the $15bn Nationwide Reconstruction Fund, $2bn for the photo voltaic sunshot scheme and an analogous quantity for inexperienced hydrogen, amongst others.
Anyway, we bought to ask about whether or not these principally off-budget gadgets would make the job of the Reserve Financial institution tougher since they have been including to demand within the economic system at a time when the common funds gadgets (together with a second consecutive surplus for the 2023-24 years) have been typically impartial of their influence.
Chalmers stated we shouldn’t anticipate the approaching funds to be of “the identical magnitude” of final yr’s funds surplus (of $22.1bn). (We assume he didn’t imply we should always actually minimize an “0” off final yr’s quantity. A surplus of about $10bn appears doubtless.)
The treasurer, although, was eager to impress that these FMIA funds wouldn’t all be spent “on the entrance finish” however have been a part of a “long term plan”. Certainly, they may take years to be spent.
He summarised the funds as having three elements:
Funds accountability, working a decent ship; secondly, cost-of-living assist the place we will try this in essentially the most accountable approach; and thirdly, laying the foundations for progress.
The funds will grow to be public (a minimum of the elements that haven’t been dropped to the media upfront) at 7.30pm AEST in 13 days’ time.
Elias Visontay
Air visitors management company CEO contract not renewed by authorities
The pinnacle of Airservices Australia will likely be changed after the federal government selected to not renew his contract, because the nation’s air visitors management company continues to wrestle with staffing shortages and different sagas.
Transport minister Catherine King has introduced that Jason Harfield’s contract as CEO of the commonwealth company wouldn’t be renewed, bringing to an finish his eight-year tenure within the function and 35 years in air visitors management. His time period finishes on 8 June.
The Airservices board has commenced a worldwide seek for his alternative and an performing CEO, Peter Curran, the present chief technique and buyer expertise officer, will likely be appointed within the interim.
In an inside e-mail seen by the Guardian, John Weber, chairman of Airservices Australia, stated the board was grateful for Harfield’s time as CEO, “specifically, his navigating of the organisation by way of the pandemic that allowed Airservices to proceed to function just about as regular with continuity of providers to trade whereas offering certainty for workers in unsure instances”.
In February, Harfield was grilled earlier than a Senate estimates listening to because the day of his look two air visitors controllers who didn’t present up for work at Sydney airport brought about cascading flight delays and cancellations throughout the nation.
He additionally confronted questions on a rise in inside organisational bullying, and cussed employees shortages ensuing from a retirement program that noticed 140 controllers depart the workforce in 2021, and his pay bundle – about $950,000 a yr – in mild of the problems.
You possibly can learn extra about air visitors management and the work of Airservices Australia right here:
Westpac extends pause on regional department closures till 2027
Westpac has introduced it should lengthen its moratorium on regional financial institution closures till “a minimum of” 2027.
This comes greater than a yr after it first introduced plans to pause the closure of regional branches, amid a Senate inquiry into regional financial institution closures.
In an announcement right now Westpac chief government client, Jason Yetton, stated:
We’ve heard the suggestions from clients concerning the influence of department closures within the bush and perceive they face many challenges similar to restricted web connectivity and elevated journey instances to their nearest department.
He stated Westpac was investing greater than $150m in its department community over the following two years, to assist greater than 2.2 million clients and 1,000 workers in 182 regional areas.
You possibly can learn extra concerning the influence of department closures on regional and distant communities beneath:
Extra particulars on proposal for Aukus nations to take away export controls
As we reported earlier, the three Aukus nations – Australia, the UK and US – have proposed the elimination of sure export controls between one another.
Reuters has extra particulars, reporting that the sharing of intently guarded know-how – which is ruled by strict US Worldwide Trafficking in Arms Laws – has been a hurdle for cooperation.
Below the proposed rule change, the US division’s Directorate of Protection Commerce Controls would not be required to license or approve defence articles, decreasing some administrative burdens for corporations in search of to make defence merchandise in Australia or the UK.
Kevin Rudd, the ambassador to the US, stated in an announcement:
These exemptions will likely be a recreation changer for Aukus international locations and revolutionises how the US, the UK and Australia cooperate on defence commerce.
For the primary time, Aukus defence industries will be capable to work in a seamless, licence-free setting, making it simpler for us all to develop the scientific, technological and industrial capabilities we’d like for our safety and to advertise international stability.
The state division stated the brand new rule would nonetheless generate an “excluded” gadgets listing, making approval crucial for articles with nationwide safety import. That features gadgets ruled by a global arms management settlement, and inputs for nuclear units and a few landmines, the state division official stated.
A listing of authorised customers would even be generated to assist delicate applied sciences remained contained.
Natasha Might
Pharmaceutical corporations entrance vaping inquiry
The vaping Senate inquiry is now listening to from the pharmaceutical corporations which will likely be supplying the vapes to be bought in pharmacies with prescription from a health care provider, below the reforms.
The three completely different corporations represented are largely supportive of the transfer to make sure that solely therapeutic – not leisure – vapes can be found for Australians to buy, however they’re elevating the problems across the particulars.
David Burns, the director of gross sales and advertising at Bay Pharma, says he has issues across the medical entry framework – which means the necessity for sufferers to get their prescription from a GP. He says a pharmacy-only mannequin would scale back the burden of entry.
Wilhelm David, the CEO and co-founder of Fields Pharmaceutical, says the restriction on easy fruit flavours – similar to mango, blueberry and mint – is regarding. He believes the pharmaceutical corporations also needs to be allowed to appropriately market the merchandise.
Richard Lee, the CEO of Liber Prescription drugs says their merchandise are examined – which means they know precisely what chemical substances are of their product – in contrast to the black market merchandise presently being utilized by Australians.
Lee says he believes the brand new regulation does sufficient to permit pharmaceutical corporations to compete with black market merchandise he estimates will fall into line with unlawful cigarettes, which now occupy lower than 20% of the market.
Josh Butler
Advocacy group ‘disillusioned’ nationwide cupboard consequence didn’t embrace motion on alcohol
The Basis for Alcohol Analysis and Training (FARE) says it’s disillusioned that nationwide cupboard seemingly didn’t talk about the function of alcohol in fuelling violence in opposition to girls.
Its CEO, Caterina Giorgi, was essential of what she known as a “deafening silence”.
I’m extremely disillusioned that motion on alcohol was not included as an consequence of the Nationwide Cupboard assembly right now. We are able to not ignore the function that alcohol performs in rising the danger and severity of violence in opposition to girls and youngsters.
FARE additionally shared an announcement from actor and survivor-advocate Kym Valentine:
I need our prime minister, premiers and chief ministers to know that their lack of motion on higher regulating alcohol is contributing to girls and youngsters’s experiences of violence.
Our political leaders want to face as much as the alcohol corporations which are profiting off our ache, and implement regulation and insurance policies that they know will work to cease this hurt.
FARE pointed to analysis displaying between 23% and 65% of police reported household violence incidents contain alcohol. It known as for “commonsense measures on on-line sale and supply.”
South Korea alerts curiosity in becoming a member of Aukus initiatives
Daniel Hurst
South Korea’s defence minister has expressed an curiosity in his nation collaborating in Aukus initiatives with Australia, the US and the UK.
The prevailing Aukus members have lengthy been open to the concept of collaboration with different shut companions on superior defence know-how, though Japan is seen as the primary cab off the rank. This is called Aukus “pillar 2” and is separate from the challenge for Australia to amass nuclear-powered submarines.
South Korean and Australian ministers mentioned Aukus throughout a gathering in Melbourne right now. South Korea’s defence minister, Shin Received-Sik, stated:
We assist Aukus pillar 2 actions and we do welcome that members are contemplating Korea as an Aukus pillar 2 companion.
The Australian defence minister, Richard Marles, confirmed Aukus pillar 2 was mentioned, though he didn’t spell out a timeframe for South Korea’s potential participation:
Aukus, as you recognize, is a know-how sharing settlement, it’s not a safety alliance, and Korea is clearly a rustic with deeply spectacular know-how, we now have shared values and strategic alignment … so as Aukus pillar 2 develops I feel there will likely be alternatives sooner or later and we’re seeing that play out in relation to Japan as effectively, and we talked about that.
Daniel Hurst
Wong and Marles host South Korean counterparts for two+2 assembly
Additional to our final submit concerning the India spy claims, Penny Wong was talking throughout a press convention after what is called a 2+2 assembly with South Korea.
Wong and the defence minister, Richard Marles, hosted their South Korean counterparts, Cho Tae-yul and Shin Received-sik, for a gathering a few vary of international affairs and safety points.
Marles stated South Korea and Australia had a “shut strategic alignment and a shared imaginative and prescient about our place within the area and the world”. He stated folks ought to anticipate to see rising participation in navy workouts.
Marles stated Australia supported efforts to enhance the connection between South Korea and Japan (traditionally strained as a consequence of Japan’s colonial rule of the peninsula till 1945, though each are actually US allies). Marles described this warming relationship as a “very, very optimistic step ahead within the strategic panorama of the area and represents an enormous alternative for Australia to have interaction with each Korea and Japan”.
Each South Korean ministers praised Australian veterans for his or her service within the Korean warfare.
Penny Wong refuses to verify experiences about India’s intelligence actions
Daniel Hurst
The international affairs minister, Penny Wong, says Australia will guard its democracy in opposition to “any suggestion of international interference” however has refused to verify experiences about India’s intelligence actions.
In a press convention in Melbourne, Wong was requested about experiences that two Indian spies have been kicked out of Australia in 2020. Requested whether or not diaspora group members in Australia ought to be involved about surveillance, and what message she had for the Indian authorities, Wong stated:
You’d be unsurprised to listen to me reply that we don’t touch upon intelligence issues, however at a degree of precept … I feel you’ll have heard me and different ministers on many events assert the significance of our democratic rules … [and] that we preserve the resilience of our democracy, together with within the face of any suggestion of international interference, and we now have legal guidelines to cope with that …
We deeply worth the multicultural cloth of the Australian group, it’s a power and we welcome folks’s continued engagement in our democracy.
Pressed on Australia’s more and more shut relationship with India – together with by way of the Quad – and whether or not it will be empowered to boost issues straight with New Delhi, Wong stated:
We don’t touch upon intelligence issues however, as a matter of basic rules, Australia stays constant to our pursuits and our values in all of our engagements.
Girl charged after alleged ramming of police automobile
A lady has been charged following a ram-raid and ramming of a police automobile in Carrum Downs, Victoria this morning.
It’s alleged two folks in a stolen black Toyota Landcruiser compelled entry to a enterprise on the nook of Aster Avenue and Latham’s Highway about 6.15am. Police arrived on the scene when the folks have been allegedly loading gadgets into the trailer.
Police stated officers parked in entrance of the Landcruiser, with the pair then allegedly ramming the police automobile a number of instances. The folks then allegedly reversed the Landcruiser by way of the shop, inflicting vital harm inside.
They then allegedly drove by way of the shop home windows, earlier than getting the automobile caught in a backyard mattress.
The passenger, a 36-year-old Seaford lady, was arrested by officers whereas the male driver fled the scene on a motorbike, police stated. A police officer sustained minor accidents through the incident.
The Landcruiser was allegedly stolen from a Security Seashore tackle on 28 April.
The Seaford lady has been charged with theft, theft of motorized vehicle, theft of trailer, housebreaking, possessing a drug of dependence and possessing a managed weapon. She has been bailed to look earlier than the Frankston magistrates court docket on 24 Might.
