#ITC21

#ITC21: Stuart Webb on Nystrom

Stefan Nystrom was born in Sweden, when his mother, an Australian permanent resident, was on holiday visiting her family in Scandinavia. He returned to Australia at when he was 27 days old. He lived his life in Australia, not knowing he was not a citizen, until his visa was cancelled because of his serious criminal record, and he faced removal. His case paved the way for the increased use of the Minister for Immigration’s ‘character cancellation’ power. Stuart Webb represented him on his journey through the Australian courts.

#ITC20

#ITC20: Penny Cula-Reid on challenging discrimination in football

Penny Cula-Reid’s remarkable journey has included involvement as a player in the inaugural season of AFLW football, and this year, success as a coach, winning the VFLW with Collingwood. Her passion for football is abundantly clear. In 2003, when she was 15, she showed her equal passion for justice, bringing a challenge to a rule banning girls over 12 from playing junior football.

#ITC19

#ITC19: Corinna Horvath and Dyson Hore-Lacy SC on Horvath

In March 1996, police raided Corinna Horvath’s home without a warrant. She spent several days in hospital as a result of the raid. She pursued a claim against the police officers involved, and against the State of Victoria. The dispute lasted more than 20 years, through a County Court trial, an appeal, and a complaint to the UN Human Rights Committee. It lead to fundamental change in litigating claims of police misconduct.

#ITC18

#ITC18: Alina Leikin on the ‘Certain Children’ cases

In late 2016, following a riot at a juvenile detention facility in Parkville, the Victorian government sought to convert a unit at the maximum security Barwon Prison into an alternative youth justice facility. The resulting court challenges tested fundamental questions as to the application of human rights law in Victoria. Alina Leikin, then at the Human Rights Law Centre, was centrally involved in the litigation.

#ITC17

#ITC17: Felicity Graham on Bugmy

The question of how the criminal law ought deal with socioeconomic disadvantage, and in particular the disadvantage experienced by Aboriginal people, is one of the most challenging in sentencing law in Australia. In Bugmy, the High Court looked at these key issues, and articulated key principles about how sentences should be imposed in Australia. Felicity Graham represented William Bugmy, a man from Western NSW whose case raised these fundamental questions, and whose case has shaped Australian jurisprudence about them.

#ITC16

#ITC16: Greg McIntyre on Mabo No.2

Greg McIntyre was involved for the whole duration of the epic Mabo litigation, through which a group of Murray Islanders sought recognition of the survival of their native title rights. In 1992, the High Court handed down judgment in Mabo No.2. The strikingly passionate language of the High Court and the significance of the recognition of native title that the judgment concerned, continue to be important in Australia’s public conversation.

#ITC15

#ITC15: Greg McIntyre on Mabo No.1

For more than a decade, Greg McIntyre was one of the lawyers at the centre of an effort by a group of Murray Islanders, seeking recognition in Australian law that their native title rights had survived European settlement. In 1992, this resulted in the famous Mabo judgment, but before that, the plaintiffs had to deal with an attempt by the Queensland Parliament to extinguish any native title rights which might have survived on the islands.

#ITC14

#ITC14: Jeremy Jones on the Scully and Bible Believers cases

Section 18C  is a fiercely debated section of the Racial Discrimination Act. In a series of cases in the 1990s and early 2000s, the Executive Council of Australian Jewry relied on this provision to tackle the problem of antisemitic behaviour. This is a short supplementary episode about the cases of Olga Scully and the Bible Believers, following on from #ITC13, which concerned a long series of proceedings relating to Frederick Toben, a Holocaust denier.

#ITC13

#ITC13: Jeremy Jones on the Toben case

In 1995, new provisions were introduced into the Racial Discrimination Act. One of those sections, 18C, still excites considerable controversy. It prohibits certain kinds of offensive, racially motivated conduct. Jeremy Jones, from the Executive Council of Australian Jewry, was centrally involved in efforts to use s18C to deal with Holocaust deniers. One particularly long-running and significant instance of this involved Frederick Toben, who was imprisoned for contempt of the Federal Court, after many years of litigation.

#ITC12

#ITC12: Kimberley Castles and Rachel Ball on Castles v Secretary to the Department of Justice

In late 2009, Kimberley Castles was imprisoned. She was undergoing IVF treatment at the time. She fought for her right to continue her fertility treatment while in prison, and in doing so she ran one of the first cases testing the application of Victoria’s Charter of Human Rights and Responsibilities.