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"No-brainer": Call for Jack's law to be introduced nationwide

<p>A Queensland father whose son was stabbed on a night out is pushing for Jack's Law to be introduced nationwide in the wake of the <a href="https://www.oversixty.com.au/health/caring/family-of-bondi-killer-break-silence" target="_blank" rel="noopener">Bondi Junction attack</a> and <a href="https://oversixty.com.au/finance/legal/teenage-boy-in-custody-after-stabbing-at-sydney-church" target="_blank" rel="noopener">Wakeley Church stabbing</a>. </p> <p>Brett Beasley is urging NSW premier Chris Minns and other states to introduce the anti-knife law which allows police officers to conduct random searches for knives at public transport hubs and Safe Night precincts using metal detecting wands.</p> <p>“It’s an absolute no-brainer,” he told <em>news.com.au</em>.</p> <p>“It’s absolutely extraordinary how well it’s working here in Queensland. I believe every single police officer Australia-wide should have the same powers.” </p> <p>Beasly and his wife Belinda have spent years campaigning for the law following the tragic death of their son Jack, who was stabbed by a group of teens outside a Surfers Paradise convenience store during a night out in 2019. </p> <p>It's been three years since the law was introduced in Queensland, and since then 55,000 people have been searched, 800 weapons have been confiscated and 1400 people have been charged. </p> <p>“It’s the same as being pulled over for a random breath test, it’s exactly the same and it’s working,” Beasly said. </p> <p>“I can guarantee the NSW government, if they were to adopt Jack’s Law, then they will start finding thousands of weapons. It’s scary to think how many of these young offenders are walking around actually armed and getting away with it.”</p> <p>Beasly, who was “absolutely devastated” after hearing about the Bondi Junction stabbing spree, said that the NSW premier should waste no time introducing the law. </p> <p>“Chris Minns shouldn’t even contemplate it. He should just say, ‘Absolutely. Let’s do this’.</p> <p>“I get thousands of messages from people in New South Wales who say ‘We want Jack’s Law down here, we need it down here’.”</p> <p>“To lose a child in any way is absolutely horrendous, and to lose a child to murder is the worst way possible. Your child’s life is taken from them.”</p> <p>Beasly is keen to meet with Minns to discuss rolling out Jacks law in NSW saying: “if Chris Minns is open to a meeting with me, I’ll be on the next flight to Sydney because this government need to make this happen. It’s as simple as that." </p> <p>A NSW government spokesperson has told<em> news.com.au</em> that they “need to look carefully at our current policies to ensure the public is safe”.</p> <p> “The NSW Sentencing Council is currently undertaking a review of the sentencing laws for firearms, knives and other weapons offences. The NSW Government will also look at knife laws,” they said.</p> <p>“We will await the review findings and consider all recommendations carefully.”</p> <p>Beasly is also planning to meet with  the Governor of Western Australia on Monday and hopes that they will also adopt the law. </p> <p>While waiting for other states to adopt the law, Beasly and the Jack Beasley Foundation are delivering free presentations about knife crime in schools. </p> <p>“Let’s work on this together and bond together and make a change and see if we can stop this,” he said.</p> <p><em>Image: Jerad Williams/ news.com.au</em></p>

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Woman baffled by mother-in-law’s insane ask over baby name

<p dir="ltr">A woman has gone head-to-head with her mother-in-law over the name she has chosen for her unborn child. </p> <p dir="ltr">The pregnant woman took to Reddit to share her unusual predicament, explaining how her mother-in-law has demanded she change the name of her baby. </p> <p dir="ltr">The soon-to-be mum shared how she recently had dinner with her husband’s family, where she decided to reveal the baby’s gender and name. </p> <p dir="ltr">She had been keeping the information secret, but with only a few weeks of her pregnancy left, she decided to share the happy news that she was having a baby boy and had chosen the name Shawn for her son. </p> <p dir="ltr">But not everyone shared her happiness over the moniker, as her mother-in-law went pale with shock and demanded she choose a new name. </p> <p dir="ltr">“My in-laws got quiet for a moment before asking if there were other options we'd considered. Apparently, Shawn is the name of my 17-year-old sister-in-law Ashley's former bully who tormented her [for years],” the pregnant woman explained on Reddit.</p> <p dir="ltr">While she empathised with her in-laws, she didn’t want to change the name as it was the only one her and her husband agreed on for their son. </p> <p dir="ltr">She also explained that she hadn’t known about the family connection when they picked the name, and hadn’t picked it out of any malicious intent. </p> <p dir="ltr">“We took forever to pick a name,” she said. “Shawn is the only one we could agree on.”</p> <p dir="ltr">The dinner party soon ended after the argument began, but the mother-in-law didn’t back down, sending the expecting mum demanding messages.</p> <p dir="ltr">“She texted me and my husband again to ask us to find a new name for Ashley's sake.”</p> <p dir="ltr">“Would I be the a**hole for not wanting to change it? We were only able to agree on it a few weeks ago.”</p> <p dir="ltr"> Commenters were torn over the subject, with many rushing to the pregnant woman’s defence, saying she can pick whatever name she wants for her son. </p> <p dir="ltr">“My spouse and sibling have the same name. Somehow, you just compartmentalise it,” one shared.</p> <p dir="ltr">“I feel like if a new baby in my family shared a name with my bully I'd just adapt,” another wrote. “After all, Shawn is a VERY common name, so I can't freak out every time I hear it and survive in this world.”</p> <p dir="ltr">However, a select few sided with the mother-in-law, sharing how stunned they were that the couple couldn't find enough compassion to pick another name.</p> <p dir="ltr">One person said, “I understand the difficulty of finding a name that feels right, but for me, after learning this, Shawn would quickly become another name that didn't work. It's only been decided on it for a few weeks so I'd just go back to the drawing board.”</p> <p dir="ltr"><em>Image credits: Shutterstock</em></p>

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AFP commander resigns after drink driving accident

<p>Former Australian Federal Police commander Danielle Anne Woodward has resigned after she drunkenly crashed her car into a tree following a police function in Canberra.</p> <p>The Olympic medalist pleaded guilty to a drink driving charge in the ACT Magistrates Court after blowing nearly three times the legal limit in November 2023. </p> <p>Woodward had attended an end-of-year function on the night of the accident, and intended to walk home or catch an Uber, but felt unwell after drinking champagne, so she decided to take the short drive back home. </p> <p>However, she crashed into a tree on her way home causing “extensive front-end damage” to her Mercedes-Benz. </p> <p>After getting help from members of the public, she immediately reported the incident to her supervisor and told him she had alcohol in her system.</p> <p>She also reportedly co-operated with lower-ranking officials who attended the scene, with the defence saying that she was "frank in her submission". </p> <p>"She was certainly not belligerent," Woodward's lawyer Michael Kukulies-Smith told the court. </p> <p>She was then arrested and taken to the police station for a breath analysis, which came back with a reading of 0.148. </p> <p>A police statement of facts also said that officers found Woodward with a flushed face and sleepy, watery eyes.</p> <p>“Police could smell a strong odour of intoxicating liquor emanating from [Woodward] and formed the opinion that [she] was well under the influence,” the statement of facts read. </p> <p>The court also heard that Woodward had been experiencing a "high level" of stress from her job, so had "at times resorted to alcohol, in a way she has been able to control."</p> <p>"The offending conduct is not only out of character … [but] her actions are usually the complete opposite. They're usually designed to benefit and protect the community," prosecutor Samuel Carmichael said.</p> <p>Woodward's lawyer asked Chief Magistrate Lorraine Walker to record a non-conviction, as this was a "one off" offence, and the media coverage of the accident had already caused her "an unusual degree of reputational damage", which has impacted her mental health and career. </p> <p>While Magistrate Walker agreed to a non-conviction, she said that a general deterrence still needed to be served, with Woodward disqualified from driving for six months, taking into account a 90-day immediate suspension notice that was issued after the crash.</p> <p>The Chief Magistrate told the court: "What ultimately influences me … is Ms Woodward is a woman suffering from ill health.</p> <p>"It is often people of good standing in this community … who find themselves before the court for this type of offence."</p> <p>She also said that Woodward had shown “obvious and palpable” remorse, and was not someone who would ordinarily demonstrate “this level of stupidity”. </p> <p>Woodward was a highly decorated police officer who worked for the AFP for almost four decades. She became a commander in 2022 and received a Medal of the Order of Australia (OAM) in 2002.</p> <p>In 2020 she was awarded the Australian Police Medal in the Australia Day honours. </p> <p>Prior to her role in the AFP, she was a a triple Olympian in slalom canoeing and won a silver medal at the 1992 Barcelona Olympics. </p> <p><em>Image: ABC News</em></p>

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If you squat in a vacant property, does the law give you the house for free? Well, sort of

<p><em><a href="https://theconversation.com/profiles/cathy-sherry-466">Cathy Sherry</a>, <a href="https://theconversation.com/institutions/macquarie-university-1174">Macquarie University</a></em></p> <p>Nothing excites law students like the idea of a free house. Or alternatively, enrages them. It depends on their politics. As a result, academics condemned to teaching property law find it hard to resist the “<a href="https://classic.austlii.edu.au/au/journals/MelbULawRw/2011/28.html">doctrine of adverse possession</a>”. The fact that a person can change the locks on someone else’s house, wait 12 years, and claim it as their own, makes students light up in a way that the Strata Schemes Management Act never will.</p> <p>The idea of “squatters’ rights” has received a lot of media attention recently amid the grim reality of the Australian housing market. It fuels commentators such as Jordan van den Berg, who <a href="https://www.instagram.com/purplepingers/">critiques bad landlords</a> on social media. Casting back to his days as a law student, <a href="https://www.sbs.com.au/news/the-feed/article/jordan-was-fed-up-with-australias-empty-houses-his-proposal-has-led-to-death-threats/stx6rv6fl">he’s promoting</a> the doctrine of adverse possession as a way of making use of vacant properties.</p> <p>As interesting as the doctrine is, it has little relevance in modern Australia. While it is necessary to limit the time someone has to bring legal proceedings to recover land – typically 12 or 15 years, depending on which state you’re in – most people don’t need that long to notice someone else is living in their house. If a family member is occupying a home that someone else has inherited or a tenant refuses to vacate at the end of a lease, owners tend to bring actions to recover their land pronto.</p> <p>So where did this doctrine come from, and what has it meant in practice?</p> <h2>Free house fetching millions</h2> <p>In unusual circumstances, people can lose track of their own land.</p> <p>Just before the second world war, Henry Downie moved out of his house in the Sydney suburb of Ashbury. Downie died a decade later, but his will was never administered. At the time of his death, a Mrs Grimes rented the house and did so for a further 50 years. Downie’s next of kin did not realise they had inherited the house or that they were Grimes’s landlord.</p> <p>Grimes died in 1998 and Bill Gertos, a property developer, saw the house was vacant. He changed the locks, did some repairs, then leased the house and paid the rates for the next 17 years. He then made an application under <a href="https://classic.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/s45d.html">NSW property laws</a> to become the registered proprietor. At this point, Downie’s next of kin became aware they may have been entitled to the property and disputed Gertos’s claim.</p> <p>The <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2018/1629.html">court held</a> Gertos had been “in possession” of the property since the late 1990s. The next of kin had a legal right to eject him, but they had failed to do so within the statutory time limit of 12 years. Gertos had the best claim to the house. He <a href="https://www.domain.com.au/6-malleny-street-ashbury-nsw-2193-2015821514">promptly sold it</a> for A$1.4 million.</p> <p>Outrageous as this may seem, the law encourages caring for land. If you fail to take responsibility for your land, and someone else does, you can lose it.</p> <h2>An old English tradition</h2> <p>Gertos’s jackpot was unusual, and adverse possession has always been more relevant in a country like England.</p> <p>First, for much of English history, many people did not have documentary title (deeds) to their land. People were illiterate, parchment was expensive, and documents could disappear in a puff of smoke in a house fire. The law often had to rely on people’s physical possession of land as proof of ownership.</p> <p>Second, as a result of feudalism, vast swathes of England were owned by the aristocracy. They and their 20th-century successors in title, often local councils, had a habit of forgetting they owned five suburbs in London.</p> <p>In the post second world war housing crisis, thousands of families, and later young people and students, <a href="https://www.bbc.co.uk/sounds/play/b017cfv4">squatted in vacant houses</a> owned by public and private landlords who lacked the means or motivation to maintain them.</p> <h2>A sign of the times</h2> <p>In contrast, in Australia, for most of our settler history, governments of all political persuasions actively prevented the emergence of a landed class.</p> <p>But now, courtesy of tax policies that <a href="https://www.quarterlyessay.com.au/essay/2023/11/the-great-divide">encourage investment</a> in residential real estate, we have a landlord class of Baby Boomer and Gen X investors. That has caused housing market stress as younger people cannot make the natural transition from being renters to homeowners. They are outbid by older, wealthier buyers whose tax benefits from negative gearing increase with every dollar they borrow to buy an investment property.</p> <p>Money flowing into the market then means that landlords’ greatest benefit is capital gain rather than income, and thanks to John Howard, investors pay <a href="https://theconversation.com/stranger-than-fiction-who-labors-capital-gains-tax-changes-will-really-hurt-109657">no tax</a> on half of that gain.</p> <p>Finally, an almost exclusive reliance by government on the <a href="https://australiainstitute.org.au/post/for-more-affordable-housing-we-need-more-public-housing/">private sector</a> to provide new homes – which it will only do if it is making a profit – has left many people in deep housing stress.</p> <p>While squatters in Australia are likely to find themselves swiftly subject to court orders for ejection, van den Berg’s rallying cry indicates just how inequitable the housing market has become. Baby Boomers and Gen X should be on notice – young people want their housing back. <!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/227556/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/cathy-sherry-466"><em>Cathy Sherry</em></a><em>, Professor in Law, <a href="https://theconversation.com/institutions/macquarie-university-1174">Macquarie University</a></em></p> <p><em>Image credits: Shutterstock</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/if-you-squat-in-a-vacant-property-does-the-law-give-you-the-house-for-free-well-sort-of-227556">original article</a>.</em></p>

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"Lincoln's Law": Grandma's important safety crusade after tragic loss

<p>The tragic loss of three-year-old Lincoln in September 2020 has sparked a passionate plea for immediate changes to safety standards in rental properties across Australia.</p> <p>Lincoln's grandmother, Kerrie Shearer, has been relentless in her pursuit of ensuring that no other family suffers the heartache they have endured.</p> <p>Lincoln's untimely death occurred when he became entangled in a blind cord while innocently playing on a windowsill at his Melbourne home. Despite the family's vigilance, the accident claimed the life of their beloved Lincoln, leaving them shattered and grief-stricken. Now, Shearer is determined to turn her pain into action by advocating for legislative changes to prevent similar tragedies.</p> <p>As a renter, Lincoln's family had little control over the safety features of their dwelling. They are now calling for new laws mandating older rental homes to comply with modern blind safety standards. Shearer says that the need to address loose hanging blinds is crucial, labelling them as potential accidents waiting to happen. By campaigning for legislative reforms, she hopes to spare other families from experiencing the same devastation.</p> <p><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">While guidelines stipulate that window furnishings in homes built after 2010 must adhere to strict safety measures, there are no such regulations for older properties. Shearer finds it astonishing that many people remain unaware of the dangers posed by unsecured blind cords. She recounts her experiences of visiting various accommodations, including Airbnbs and hotels, where she noticed inadequate safety measures and felt compelled to alert the hosts.</span></p> <p>"I'm constantly amazed how people aren't aware," she told <a href="https://www.9news.com.au/national/victoria-news-grandmother-warns-of-blind-safety-risk-after-grandson-dies/83accc08-8cf2-463a-8cc7-6f87fa905a5b" target="_blank" rel="noopener">9News</a>. "I go to AirBnBs and hotels now and I'm at them, 'Hey your blinds aren't attached to the wall.'"</p> <p>Shearer's advocacy has gained momentum via her collaboration with Kidsafe, a prominent nonprofit organisation dedicated to preventing unintentional injuries and deaths among children. Together, they aim to broaden safety requirements for older homes, advocating for what Shearer passionately refers to as "Lincoln's law". She insists that any looped or hanging cords present a significant danger to children and must be securely affixed to the wall to prevent entanglement accidents.</p> <p>The impact of Shearer's tireless efforts is already evident, with reports indicating that the state government is considering the introduction of mandatory blind cord safety standards for all rental properties, regardless of their age. This potential development marks a significant step towards ensuring the safety and well-being of children in rental accommodations across the country.</p> <p>In the wake of her family's tragedy, Shearer's determination to effect change not only honours the memory of Lincoln but also holds the potential to prevent countless other families from enduring similar heartbreak – ensuring that his tragic passing was not in vain.</p> <p><em>Images: 9News</em></p>

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Does the royal family have a right to privacy? What the law says

<p><em><a href="https://theconversation.com/profiles/gemma-horton-1515949">Gemma Horton</a>, <a href="https://theconversation.com/institutions/university-of-sheffield-1147">University of Sheffield</a></em></p> <p>From court cases to conspiracy theories, the royal family’s right to privacy is, somewhat ironically, nearly always in the spotlight. The latest focus is Kate Middleton, Princess of Wales, whose whereabouts have been the subject of <a href="https://www.townandcountrymag.com/society/tradition/a60008117/kate-middleton-health-speculation-conspiracy-theories-online/">online speculation</a> after it was announced she was undergoing abdominal surgery and would be away from public duties until after Easter.</p> <p>This comes just weeks after King Charles <a href="https://www.bbc.co.uk/news/uk-68208157">revealed that he is undergoing treatment for cancer</a>, and a legal settlement between Prince Harry and Mirror Group Newspapers over <a href="https://www.bbc.co.uk/news/uk-68249009">illegal phone hacking</a>.</p> <p>Interest in the personal lives of the royals and other celebrities <a href="https://www.tandfonline.com/doi/full/10.1080/1461670X.2016.1150193">is a constant</a>, driving newspaper sales and online clicks for decades. You only needs to consider the media frenzy that followed Princess Diana to <a href="https://www.tandfonline.com/doi/full/10.1080/17512786.2013.833678">see this</a>, and its potentially devastating consequences.</p> <p>From a legal perspective, the British courts have ruled that everyone – the royal family included – is entitled to a right to privacy. The Human Rights Act incorporates into British law the rights set out by the European Convention on Human Rights. This includes article 8, which focuses on the right to privacy.</p> <p>In the years after the Human Rights Act came into force, courts ruled on a string of cases from celebrities claiming that the press invaded their privacy. Courts had to balance article 8 of the convention against article 10, the right to freedom of expression.</p> <p>Rulings repeatedly stated that, despite being in and sometimes seeking the limelight, celebrities should still be afforded a right to privacy. Some disagree with this position, such as prominent journalist <a href="https://www.independent.co.uk/news/uk/home-news/prince-harry-hacking-piers-morgan-b2336442.html">Piers Morgan, who has criticised</a> the Duke and Duchess of Sussex asking for privacy when they have also released a Netflix documentary, a broadcast interview with Oprah Winfrey and published a memoir.</p> <p>But the courts have made the position clear, as in the case concerning Catherine Zeta-Jones and Michael Douglas after Hello! Magazine published unauthorised photographs from their wedding. The <a href="https://eprints.whiterose.ac.uk/190559/3/Final%20Edited%20Version%20-%20Celebrity%20Privacy%20and%20Celebrity%20Journalism-%20Has%20anything%20changed%20since%20the%20Leveson%20Inquiry_.pdf">court stated</a> that: “To hold that those who have sought any publicity lose all protection would be to repeal article 8’s application to very many of those who are likely to need it.”</p> <p>There is no universal definition of privacy, but scholars have identified key concepts encompassing what privacy can entail. In my own research, I have argued that the <a href="https://eprints.whiterose.ac.uk/190559/3/Final%20Edited%20Version%20-%20Celebrity%20Privacy%20and%20Celebrity%20Journalism-%20Has%20anything%20changed%20since%20the%20Leveson%20Inquiry_.pdf">notion of choice</a> is one of these. Privacy allows us to control the spread of information about ourselves and disclose information to whom we want.</p> <h2>Privacy and the public interest</h2> <p>There are exceptions to these protections if the person involved had no reasonable expectation of privacy, or if it was in the public interest for this information to be revealed. There is no solid, legal definition of the “public interest”, so this is decided on a case-by-case basis.</p> <p><a href="https://www.tandfonline.com/doi/full/10.1080/17577632.2021.1889866">In the past</a>, the public interest defence has been applied because a public figure or official has acted hypocritically and the courts have stated there is a right for a publisher to set the record straight.</p> <p>When it comes to medical records and information concerning health, case law and journalistic <a href="https://www.ipso.co.uk/editors-code-of-practice/">editorial codes of conduct</a> are clear that this information is afforded the utmost protection.</p> <p>Model Naomi Campbell was pictured leaving a Narcotics Anonymous meeting and these images were published by the Daily Mirror. The court found that there had been a public interest in revealing the fact she was attending these meetings, as she had previously denied substance abuse.</p> <p>The House of Lords accepted that there was a public interest in the press “setting the record straight”. Nonetheless, the publication of additional, confidential details, and the photographs of her leaving the meeting were a <a href="https://www.theguardian.com/media/2004/may/06/mirror.pressandpublishing1">step too far</a>. The House of Lords highlighted the importance of being able to keep medical records and information private.</p> <h2>Royal health</h2> <p>When it comes to the royals, the history of <a href="https://www.townandcountrymag.com/society/tradition/a23798094/lindo-wing-st-marys-hospital-facts-photos/">publicity</a> around royal births, often posing with the newborn royal baby outside of the hospital, has set a precedent for what the public can expect about the royals’ medical information. When they choose to go against this tradition, it can frustrate both royal-watchers and publishers.</p> <p>King Charles made the choice to openly speak about his enlarged prostate to “assist public understanding”. And, as Prostate Cancer UK noted, this has worked – they noted a <a href="https://www.independent.co.uk/news/uk/home-news/king-charles-cancer-statement-treatment-b2494190.html">500% increase in people visiting their website</a>. However, he has chosen to not to divulge information about his cancer diagnosis beyond the fact that he is receiving treatment. This is his right.</p> <p>While revealing further information might stop speculation and rumours about his health, it is not the king’s duty to divulge private, medical information. However, if his health begins to impact his ability to act as monarch, the situation could change.</p> <p>It might be that the press finds more information about his health without his knowledge, but unless they have a genuine public interest in publishing this information, privacy should prevail.</p> <p>You would no doubt want your private medical information kept secret, not shared around your workplace and speculated on unless it was absolutely necessary. It is thanks to these laws and court precedent that you don’t have to worry about this. The royal family, regardless of their position, should expect the same standard.<!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/gemma-horton-1515949"><em>Gemma Horton</em></a><em>, Impact Fellow for Centre for Freedom of the Media, <a href="https://theconversation.com/institutions/university-of-sheffield-1147">University of Sheffield</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/does-the-royal-family-have-a-right-to-privacy-what-the-law-says-224881">original article</a>.</em></p>

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“My sister-in-law announced she was pregnant at my child’s funeral”

<p dir="ltr">A woman has asked for advice on how to navigate her relationship with her sister-in-law, after the woman overheard an inappropriate conversation at her child’s funeral. </p> <p dir="ltr">The grieving mother, a 28-year-old named Melissa, took to Reddit to share the heartbreaking story of how her toddler passed away after a battle with cancer. </p> <p dir="ltr">Melissa described the time as the “hardest in my life”, explaining how she felt she lost “a part of herself” after the funeral.</p> <p dir="ltr">While Melissa expected her toddlers’ memorial service to be difficult, she never predicted a family member would make it even harder. </p> <p dir="ltr">The mother said that when she heard her sister-in-law telling people about her pregnancy, she thought the move was just cruel. </p> <p dir="ltr">“She didn't make a big announcement but more than ten people at the service 'heard' and it's what everyone was talking about. To understate it, I was livid,” Melissa wrote on Reddit.</p> <p dir="ltr">Melissa’s post then asked social media users for advice, as she was unsure how much of a relationship she wanted to have with her sister-in-law after the stunt. </p> <p dir="ltr">The 28-year-old shared that she had fallen pregnant herself, and was facing pressure to have a party in celebration, but she didn’t want her whole family in attendance. </p> <p dir="ltr">“I've been working on who I want to invite, and I really don't want my SIL there,” she said.</p> <p dir="ltr">“Besides what she did, she's a vindictive and mean person and I cannot stand her.”</p> <p dir="ltr">“I mentioned it to my husband and he says he couldn't care less whether she's there or not. But for the sake of saving face, I want opinions before I do this.”</p> <p dir="ltr">She asked the online forum if she would be “an a**hole” for not inviting her, addin that she would still be inviting her husband's other sister and husband's brother's wife. </p> <p dir="ltr">“The original SIL will be the only one not invited,” she clarified.</p> <p dir="ltr">The post was flooded with comments as many backed up Melissa, slamming the sister-in-law for her selfish behaviour. </p> <p dir="ltr">“I wouldn't want someone like that around me. Announcing a pregnancy at a child's funeral is insane,” one said.</p> <p dir="ltr">“Cut her off and ignore everyone close to her. You are right to have nothing to do with her. She's totally classless.”</p> <p dir="ltr">However, others encouraged her to have an adult conversation with her sister-in-law in an attempt to mend their relationship.</p> <p dir="ltr">“Please let it go,” one person began. “This happened on a terrible day during a bad time for you. It's possible that could be clouding how you're looking at this, she may not have been malicious at all.”</p> <p dir="ltr"><em>Image credits: Shutterstock</em></p>

Family & Pets

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Mother bans in-laws from seeing her baby after they go against her wishes

<p dir="ltr">A woman has banned her in-laws from seeing her newborn daughter after they “betrayed her trust” and directly went against her wishes. </p> <p dir="ltr">The new mum shared the story to Reddit, as she explained why she was cutting contact with her husband’s parents after they pierced her child’s ears without their knowledge or consent. </p> <p dir="ltr">“My husband is from a culture where it's not uncommon to pierce baby girls' ears and his mother started pestering me about getting my daughter's ears pierced a few days after she was born,” the 32-year-old mum began. </p> <p dir="ltr">“I made it clear that I would not be doing that, and that I'd be waiting until she's old enough to ask for it herself. We live in my country where piercing a baby's ears isn't common at all.”</p> <p dir="ltr">The new mum's world soon came crashing down after the baby spent a weekend with her grandparents, before she went back to her parents red in the face and screaming. </p> <p dir="ltr">“My mother-in-law was looking after her over the weekend and decided to pierce her ears without my knowledge or consent.”</p> <p dir="ltr">“When I saw this I threw a fit. My baby was crying in pain, and I actually took her to the doctor to get their advice on whether or not to take them out.”</p> <p dir="ltr">The doctor advised the parent to take the earrings out as they were irritating the baby, but the issue didn’t end there. </p> <p dir="ltr">“I decided at that moment that my mother-in-law and everyone else on that side of the family (except for my sister-in-law, who's on my side about this) is going to have no alone contact with my daughter ever again - or at least until she's a teenager.”</p> <p dir="ltr">“My worry is that she'll do the same thing again, and to be frank, she's lost my trust entirely. I told her that if she had a problem with that, I'd report what she did to the police.”</p> <p dir="ltr">The husband of the baby girl reluctantly sided with his wife over the issue, despite saying it wasn’t a big deal and suggesting everyone move on from the incident.</p> <p dir="ltr">The story prompted a mixed response online, with some people saying the woman was overreacting and should work towards rebuilding trust with her in-laws.</p> <p dir="ltr">Others, however, had the opposite opinion, with one person saying, “Forget rebuilding trust, I'd be having them charged with assault.”</p> <p dir="ltr">Another person said, “They mutilated a child and they knew it was against the parents wishes. These people have serious problems. Not that I'd press charges, but getting holes poked in someone else's kid is a huge thing.”</p> <p dir="ltr"><em>Image credits: Getty Images </em></p>

Family & Pets

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"Stuff youse": Pensioner who's never owned a phone fights mobile detection camera fine

<p>A pensioner from New South Wales has disputed a fine he was issued for using his phone while driving, despite never owning a phone. </p> <p>Frank Singh, 77, was captured on a mobile phone detection camera while driving on the Pacific Motorway last September, and was issued a fine for $362. </p> <p>Mr Singh has refused to pay the fine, claiming that he was holding his wallet when the image was captured. </p> <p>He also claims to have never owned a mobile phone or a computer in his life, wondering how the camera made such a mistake. </p> <p>The senior man decided to appeal and take Revenue NSW to court, despite the risk of paying thousands in legal fees if he lost the case.</p> <p>"Looks like I'm guilty on it, but I'm not," he told <em>A Current Affair</em>. </p> <p>"I thought, what the bloody hell is this all about, I don't own a mobile phone. I've never used a mobile phone. What a load of s***."</p> <p>When questioned what the item could be, he said, "I think it could be my wallet."</p> <p>While Mr Singh admitted he can't specifically remember what he was doing at the time, he believes he was possibly placing his wallet on the passenger seat after paying for fuel. </p> <p>Unfortunately, the review of the fine was rejected and Frank was ordered to pay the $362, but he has not given up. </p> <p>"Then I thought stuff youse, I'm not guilty, I don't own a bloody phone," he said.</p> <p>While preparing to appeal the fine once more, Revenue NSW revoked the fine after issuing a letter to Mr Singh saying he would not be required in court following an investigation by the government body. </p> <p>"We have decided to cancel the fine," the letter read. </p> <p>"You little bloody beauty, how good's that," Mr Singh said on hearing the news, before planning to celebrate the win with a beer at his local pub. </p> <p><em>Image credits: A Current Affair </em></p>

Legal

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"I was terrified": Law & Order star reveals traumatic past

<p><em>Warning: This story contains graphic content.</em></p> <p>Mariska Hargitay, who plays Olivia Benson, a character that investigate rapists on <em>Law &amp; Order: Special Victims Unit, </em>has revealed that she too is a victim of sexual assault. </p> <p>The actress opened up about her traumatic past in a powerful essay written for <a href="https://people.com/mariska-hargitay-experience-rape-renewal-reckoning-8424247" target="_blank" rel="noopener"><em>People Magazine</em></a>, where she revealed that she was raped by “a friend" when she was in her thirties. </p> <p>"A man raped me in my thirties," she bravely revealed in the essay. </p> <p>"It wasn’t sexual at all. It was dominance and control. Overpowering control."</p> <p>The actress revealed that he was a friend who "made a unilateral decision" and recalled the fear she felt when the incident occurred. </p> <p>"He grabbed me by the arms and held me down. I was terrified," she said. </p> <p>"I didn’t want it to escalate to violence. I now know it was already sexual violence, but I was afraid he would become physically violent.</p> <p>"I went into freeze mode, a common trauma response when there is no option to escape. I checked out of my body," she recalled. </p> <p>Hargitay, who is the daughter of the late actress Jane Mansfield, said that she never thought of herself as a "survivor", and often "minimised" what happened to her when she talked about it with others. </p> <p>"My husband Peter remembers me saying, “I mean, it wasn’t rape," she wrote. </p> <p>"Then things started shifting in me, and I began talking about it more in earnest with those closest to me. They were the first ones to call it what it was."</p> <p>The actress said that she wants other survivors to feel "no shame" about sexual assault and wants "this violence to end." </p> <p>She added that justice "may look different for each survivor," but for her she wants "an acknowledgment and an apology" after what happened. </p> <p>"This is a painful part of my story. The experience was horrible. But it doesn’t come close to defining me, in the same way that no other single part of my story defines me," she concluded, adding that she feels for all sexual violence survivors. </p> <p>"I’m turning 60, and I’m so deeply grateful for where I am. I’m renewed and I’m flooded with compassion for all of us who have suffered. And I’m still proudly in process."</p> <p>Hargitay started her own foundation, the Joyful Heart Foundation, in 2004 to help survivors of sexual assault. </p> <p><em>Image: Getty</em></p>

Caring

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Eagle-eyed motorists spot funny typo on "confusing" new interchange

<p>The new interchange at Rozelle, in Sydney's inner west, has already copped backlash just days after its opening,  because of the confusing signage and changed traffic conditions causing chaos among commuters. </p> <p>Now, motorists have spotted another awkward blunder at the bustling "spaghetti junction", intended to improve traffic. </p> <p>Just metres away from the main intersection along Victoria Road and Darling Street, some poor road worker made the same typo twice, in a left-hand turn lane.</p> <p>Instead of saying  "buses excepted", they painted "buses expected", and now their mistake has gone viral on social media. </p> <p>"If I was a road, I'd expect buses too," one joked.</p> <p>"I get my bus near there and I'm constantly expecting buses that don't show, so seems accurate," another quipped. </p> <p>The interchange itself has been years in the making and opened up on Sunday. </p> <p>It was intended to connect drivers to the M4 and M8 tunnels, the City West Link, the Western Distributor and give access to the Anzac Bridge with a toll-free bypass of Victoria Road. </p> <p>While the aim of it was to improve traffic flow, just four days after its opening locals are still complaining about the chaotic strip, specifically it's poorly designed signage that has reportedly baffled drivers. </p> <p>One of the new signs suggested there was a toll from Iron Cove Bridge to Anzac Bridge, and while it is actually free, commuters are avoiding the tunnel and trying to switch across multiple roads to avoid presumed fee. </p> <p>Earlier this week, NSW Premier Chris Minns said: "Clearly it's confusing, that spaghetti junction is difficult to navigate and a lot of cars' GPS haven't caught up.</p> <p>"We'll change that sign and I understand the Minister for Roads is putting up those portable electronic signs to show people that you can use that road in particular and not pay the toll."</p> <p><em>Images: Twitter/ 9News</em></p>

Travel Trouble

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John Laws hangs up in disgust on Kyle and Jackie O

<p>The radio waves became a battlefield this morning as the titans of Australian talkback clashed in a dramatic showdown involving corset dresses, colon procedures – and a surprise departure for medical attention.</p> <p>The day kicked off with Jackie O making a grand entrance, albeit a slightly woozy one, having undergone surgery to bid farewell to a cervical polyp. Kyle, ever the supportive co-host, explained to listeners that Jackie was feeling under the weather and experiencing some tingling in her arm. (Because, as you know, corset dresses and surgery recovery are a match made in radio heaven.)</p> <p>"She just stepped out for a lay down. She’s got like a corset dress on and she had an operation yesterday," Kyle explained, giving us all a mental image of a radio host napping in style.</p> <p>But that was just the appetiser. The main course featured none other than radio legend John Laws, who decided to play hardball with the hosts in a dramatic fashion. Scheduled for an interview to celebrate an impressive 70 years on-air, Laws decided he'd had enough after catching wind of Jackie O's surgical  – and, let's face it, highly graphic – revelations.</p> <p>Jackie O explained to a bemused Kyle that her surgeon had operated on her “via the colon or the vagina, I’m not sure which... What must I have looked like on the operating table? Nude, shower cap...” </p> <p>Now, let's take a moment to appreciate the delicacy of the situation. Laws, a seasoned broadcaster, chose that exact moment to hang up on the dynamic duo faster than you can say "corset controversy". Apparently, the mere thought of following that "real" a discussion about medical procedures, particularly those involving the nether regions, was way too much for his delicate radio palate.</p> <p>In an unexpected turn of events, Laws' assistant then became the unwilling messenger between the offended radio icon and and the KIISFM hosts. “Is it true he got angry about Jackie’s disgusting story?” Kyle asked. The assistant revealed that Laws "just doesn’t like it, Jackie. He doesn’t like following all that talk about vaginas." A sentiment we're sure many have echoed when trying to enjoy their morning coffee.</p> <p>But the cherry on top was Laws hanging up not once, but twice! Cementing forever his stance on steering clear of on-air discussions involving surgical escapades.</p> <p>Jackie O valiantly defended herself, insisting it wasn't gratuitous and was, in fact, a perfectly normal chat about a medical procedure. Laws, unmoved, made it clear he had no interest in such shenanigans.</p> <p>As if that weren't enough drama for one day, Jackie O had to bow out early due to feeling unwell, prompting Kyle to make a mercy call to Laws on-air to explain the situation. Laws, ever the gentleman, softened his stance, admitting he was just surprised at the talk and muttering a nonchalant "never mind".</p> <p>After that morning of medical misadventures, corset calamities and a radio veteran hanging up, who would have guessed that a discussion about surgery could cause such a ruckus?</p> <p><em>Images: KIISFM / X </em></p>

Body

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Channel 10 newsreader admits to driving while four times over the legal limit

<p>Natasha Exelby, a well-known journalist and former Channel 10 newsreader, recently found herself in the spotlight for an entirely different reason than her on-air mishap in 2017.</p> <p>On a fateful day last June, she was involved in a drink driving incident in Toorak, Melbourne. This incident marked a low point in her life, but it also sheds light on the profound impact of mental health struggles and the road to recovery.</p> <p>Exelby, 34, appeared before the Melbourne Magistrates' Court and made a candid admission: she had driven while suspended and under the influence of alcohol, registering a blood alcohol concentration of .220, over four times the legal limit. She narrowly escaped conviction but didn't escape the consequences of her actions.</p> <p>In her statement to the <a href="https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/journalist-natasha-exelby-busted-drink-driving-after-crashing-into-parked-car-while-four-times-over-legal-limit/news-story/f710cdbc849622fb4e298b61c049c1f3" target="_blank" rel="noopener">Herald Sun</a>, Exelby took full responsibility for her actions, citing her ongoing battle with major depression and post-traumatic stress disorder. She courageously acknowledged her struggles and the role they played in her regrettable choices that day.</p> <p>"It's no secret that I've suffered from major depression and post-traumatic stress disorder for many years," she said. "At the time of the incident, I was going through a very dark period with multiple medication changes. Never in my life did I think I would be capable of what happened but regardless of my mental health, my actions were shocking beyond words and I take full responsibility."</p> <p>Her journey towards this dark moment was marked by openness about her mental health. In September 2022, she appeared on Studio 10, where she revealed the depths of her internal battles. She discussed experiencing episodes of inexplicable crying, a common symptom of depression. This revelation was crucial in the context of R U OK? Day, emphasizing the importance of checking on the well-being of those around us.</p> <p>Natasha's admission serves as a stark reminder that mental health issues are every bit as valid as physical ailments. She compared her experience with depression to "drowning" and disclosed that she had been on medication and in therapy for major depression for years. Her message is clear: it's okay to seek help when battling these internal demons, and recovery is possible, even if it's a long and winding road.</p> <p>Exelby's struggle with mental health is by no means a recent development. She revealed that she had been dealing with major depression since the age of 15, highlighting the enduring nature of the condition. Her story is an inspiration for others who are going through similar challenges, proving that there is light at the end of the tunnel, even when it feels like the journey will never end.</p> <p>Before her battle with depression and her recent legal troubles, Exelby made headlines in 2017 for an <a href="https://www.news.com.au/entertainment/tv/flashback/one-year-later-why-natasha-exelby-isnt-haunted-by-abc-blooper/news-story/24398919d522c0029e6d7963f165897d" target="_blank" rel="noopener">on-air gaffe</a> during an ABC news broadcast. Despite the initial shock, she took the incident in stride, even finding humour in it and acknowledging the role that social media and celebrities like Russell Crowe played in making the video go viral. It was a moment of resilience and self-awareness that foreshadowed her future ability to face her own mental health struggles.</p> <p>Exelby's open honesty, her admission of her mistakes and her ongoing battle with mental health challenges is a reminder that anyone can face difficulties, regardless of their public persona. By sharing her experiences, Exelby is contributing to the ongoing conversation about mental health, helping to break down the stigma that often surrounds it.</p> <p><em>Images: Instagram</em></p>

Legal

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Common car act could cost touchy drivers a hefty fine

<p>A worried driver has shared his concerns over being slapped with a potential fine after being caught holding his girlfriend's hand while driving. </p> <p>The man questioned whether the hand holding warranted a fine, after the couple passed a road safety camera in the "compromising" position. </p> <p>“Me and my girlfriend were holding hands and there was a camera on the left side, will they fine me?” the poster anonymously posted in a Facebook group for discussions about mobile phone detection camera locations in Australia.</p> <p>Online responses were varied from commenters, as many thought he driver could attract a fine as the act could be misconstrued as a more serious offence. </p> <p>One person wrote, “Was there a (mobile phone) between your hand and your girlfriends?" while another cheekily added “As long as she was just holding your hand.”</p> <p>But while some people mocked the question, others were closer to the mark, writing, “Holding her hand is no problem other than you may not have had effective control of the vehicle.”</p> <p>“Both hands on the steering wheel is my take on it,” another said.</p> <p>While police and transport authorities confirmed to <a href="https://7news.com.au/travel/driving/common-driving-act-that-could-cost-romantic-drivers-up-to-514-c-12217058" target="_blank" rel="noopener"><em>7News</em></a> that no specific rule exists for holding hands, if the hand-holding is deemed to constitute a failure to maintain proper control of a motor vehicle, that would be an offence under Australian Road Rule 297 of the Road Traffic Act 1961.</p> <p>The rule is observed nationally, but not all states fine offending motorists equally.</p> <p>Those who are caught red-handed could be fined between $215 and $514 depending on where they are.</p> <p>A Department of Transport and Main Roads spokesperson said that drivers should use their best judgement, saying, “Drivers must also drive with care and attention, as there are significant penalties for more serious offending.”</p> <p><em>Image credits: Getty Images</em></p>

Legal

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No gavels, no hearsay and lots of drinking: a law expert ranks legal dramas by their accuracy

<p><em><a href="https://theconversation.com/profiles/dale-mitchell-1468293">Dale Mitchell</a>, <a href="https://theconversation.com/institutions/university-of-the-sunshine-coast-1068">University of the Sunshine Coast</a></em></p> <p>From Elle Woods in Legally Blonde to <a href="https://www.tandfonline.com/doi/abs/10.1080/10383441.2015.1087367">Jennifer Walters in She-Hulk</a>, Atticus Finch in To Kill a Mockingbird to Denny Crane in Boston Legal, our popular culture is often where we first see and witness legal practice.</p> <p>Sometimes this comes via the silver screen, other times television. But it would be wrong to think that all we see on legal television shows is accurate – even when it claims to capture reality.</p> <p>Most legal dramas are terrible at capturing the realities of law.</p> <h2>Not accurate: Law(less) and (dis)Order</h2> <p>Law and Order (1990-) innovated television drama by showcasing both the investigation of a crime by police, and then its prosecution in court. With its multiple spin-offs, including Law and Order: Special Victims Unit (1999-) and the shortlived Law and Order: Trial by Jury (2005-2006) (which had the <a href="https://www.youtube.com/watch?v=aolG65V1Dx8">best theme song of all the series</a>), the Law and Order franchise is a televisual legal juggernaut.</p> <figure><iframe src="https://www.youtube.com/embed/aolG65V1Dx8?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>As with most serials, Law and Order presents the criminal justice system as moving quicker than you can say <em>dun dun</em>. This couldn’t be further from the truth. The mean duration of criminal law matters in Australian higher courts was <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/criminal-courts-australia/latest-release">almost one year</a> (50 weeks) across 2021-22.</p> <p>While <a href="http://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s5.html">procedural rules in civil matters</a> require courts to facilitate the “just and efficient resolution of disputes at minimum expense”, in criminal law, speed and efficiency must not be prioritised over accuracy: a person’s liberty is at stake.</p> <p>Most criminal matters do not proceed to a full trial as an accused will often plead guilty to the charges. As a result, the matter proceeds to sentencing without prosecutors needing to prove the offence. The rates of this occurring are quite alarming. <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/criminal-courts-australia/latest-release">Data across 2021-22</a> reveals over 75% of defendants in Australian courts entered a guilty plea, and almost four in five criminal convictions (79%) resulted from a guilty plea.</p> <p><a href="https://law.unimelb.edu.au/__data/assets/pdf_file/0009/1705761/32_1_8.pdf">Research suggests</a> defendants plead guilty for a variety of reasons, including to avoid the cost of a trial and to receive a lesser sentence. <a href="https://theconversation.com/pandemic-pushed-defendants-to-plead-guilty-more-often-including-innocent-people-pleading-to-crimes-they-didnt-commit-165056">Data from the United States</a> suggests the pressures of the pandemic led to innocent people pleading guilty to crimes they didn’t commit.</p> <p>If Law and Order was a more accurate reflection of criminal law, matters would proceed immediately to sentencing due to guilty pleas. And should an accused be found guilty, a chunk of their sentence would be reduced by time served awaiting trial.</p> <figure><iframe src="https://www.youtube.com/embed/60GV5lv8h3o?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <h2>Not accurate: Suits</h2> <p>Suits (2011-19) centres around law firm partner Harvey Specter (Gabriel Macht) and his mentorship of Mike Ross (Patrick Adams) – the “lawyer” who never graduated law school and provides legal advice thanks to his photographic memory.</p> <p>This is, obviously, a brutal ethical breach for all involved, and clearly fraud. In Australia, law students who present themselves to be lawyers are <a href="https://www.abc.net.au/news/2016-09-07/law-graduate-jacob-reichman-fined-posing-solicitor-gold-coast/7824324">subject to sanctions</a> by the Legal Services Commission. They can <a href="https://www.lawyersweekly.com.au/biglaw/35821-fake-lawyer-cops-suspended-jail-sentence">cause harm to clients</a> who have hired their services. And the Legal Admissions Board may <a href="https://www.qlsproctor.com.au/2020/11/chief-justice-wants-answers-before-considering-lawyer-impersonators-bid-to-become-legal-practitioner/">deny their entry</a> into the profession.</p> <p>(Spoilers) Ross is eventually sentenced to two years in prison for this fraud, a similar sentence to <a href="https://www.law.com/thelegalintelligencer/almID/1202786675709/">a recent case in the United States</a>, but he only serves three months before solving a crime and earning early release. More unrealistic than this early release is that Ross does fairly quickly thereafter gain admission to the profession, which seems unlikely to occur so soon after such an act of fraud.</p> <p>While Suits has left its mark(le) on the popular imagination of law, it fails to address one of the primary duties of civil litigation: the duty of disclosure.</p> <p>The MacGuffin-ing of law is common in TV serials. It’s the “smoking gun” found on the day of the trial, or for the lawyers in Suits, the random document which shows up <em>during</em> the trial to turn the case - dramatically presented by our protagonists as they flail into court armed with this data sans ethics.</p> <p>This is not quite accurate.</p> <p>In adversarial legal systems like Australia, New Zealand, the UK and the US, civil litigation rules <a href="http://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s211.html">require parties</a> to disclose to one another all documents in their possession or control which are directly relevant to a matter in dispute.</p> <p>This is a continuing duty, so if you discover such a document at any time during the case, it must be disclosed. While <a href="http://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s212.html">exceptions</a> based on various privileges may apply, this essentially means civil litigation must be run in an “all cards on the table” manner. Randomly producing undisclosed material at trial requires the leave of the court and may result in orders of contempt and <a href="http://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s225.html">cost penalties</a>.</p> <p>It’s not like the lawyers of Suits have ever really been concerned about ethics, though.</p> <figure><iframe src="https://www.youtube.com/embed/wUh9jomHZp4?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <h2>Not accurate: How to Get Away with Murder(ing rules of evidence)</h2> <p>While most lawyers would support making it a criminal offence to critique Viola Davis, How to Get Away with Murder (2014-20) presents one of the most common offences within legal dramas: the haphazard approach to rules of evidence.</p> <p>Annalise Keating (Davis) and her ragtag team of morally illiterate law students (although I never see them studying?!?!) manipulate people to obtain evidence and then dramatically prompt witnesses on the stand to read this information into the record, or otherwise “sneak” it into the trial.</p> <p>This is not accurate. And it ignores the basic reality that so much of legal practice is about not just obtaining evidence, but ensuring that evidence is admissible in court.</p> <p>One of the most important rules of evidence deals with <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ea199580/s59.html"><em>hearsay evidence</em></a>. A court cannot allow evidence to be considered if its reliability is unable to be interrogated. Witnesses can only present evidence that they saw, heard or perceived themselves. Unless an exception to the hearsay rule applies, such evidence would be inadmissible.</p> <p>Like in Suits, these approaches to presenting evidence may have serious implications. This poor trial management results in <a href="https://www.aic.gov.au/sites/default/files/2020-05/rpp074.pdf">delays to criminal trials.</a>.</p> <figure><iframe src="https://www.youtube.com/embed/rMB_Gw5-T-I?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <h2>Accurate: Fisk</h2> <p>Fisk (2021-) follows Helen Tudor-Fisk (Kitty Flanagan), an established contract lawyer whose personal dramas lead her to move to the boutique Melbourne probate law firm of Gruber and Gruber (played by Marty Sheargold and Julia Zamero).</p> <p>Fisk excels in showing the importance of lawyer-client relations and the word-of-mouth that sustains much of small legal practice. It’s the anti-Suits, and Fisk is more powerful for it.</p> <p>The discussions of wills and estates and most basic legal principles in Fisk are mostly sound – and the show doesn’t need to get into “legalese” as matters are resolved out-of-court.</p> <p>This is a distinct reality of law: litigation is a last resort. Forms of <a href="https://www.qls.com.au/Practising-law-in-Qld/ADR/Alternative-Dispute-Resolution/Types-of-Alternative-Dispute-Resolution-(ADR)">alternative dispute resolution</a>, including mediation, negotiation and conciliation, have become the primary way of resolving legal disputes.</p> <p>Fuelled by <a href="https://www.ag.gov.au/legal-system/alternative-dispute-resolution/civil-dispute-resolution-act-2011">legislative changes</a> which require the exhaustion of alternative dispute resolution measures before proceeding to litigation, and a pursuit of reduced costs, the drama of trial is not something anyone should yearn for.</p> <figure><iframe src="https://www.youtube.com/embed/N1Qt0Wo1gGo?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <h2>Accurate: Rake</h2> <p>Cleaver Greene, a character said to be loosely based on the career of a Sydney barrister, shows us the absolute madness of work as a “<a href="https://nswbar.asn.au/the-bar-association/senior-counsel#:%7E:text=Senior%20counsel%20are%20barristers%20who,a%20QC%20or%20queen's%20counsel.">silk</a>”. Rake excels at showing the reality of law. The show raises interesting and accurate questions of law (yes, it is true there is no <a href="https://opus.lib.uts.edu.au/bitstream/10453/18992/1/2011006119.pdf">explicit offence</a> of cannibalism in New South Wales) and presents Australian court process accurately.</p> <p>Thankfully, there’s not a gavel in sight. <a href="https://www.survivelaw.com/post/941-working-hardly-random-facts-about-the-gavel">Australian courts <em>do not</em> use gavels</a>, and their presence in legal dramas in Australian and UK courts shows a lack of attention to detail. The presence of the gavel as a symbol of justice is <a href="http://www5.austlii.edu.au/au/journals/NSWBarAssocNews/1994/17.pdf">an entirely American invention</a>.</p> <figure><iframe src="https://www.youtube.com/embed/qWWI2EdOssk?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>Rake is accurate, in part, because the site of drama is rarely the courtroom, but rather Greene’s personal life. The accuracy of that element for law I will leave up to the jury. But with a <a href="https://www.tandfonline.com/doi/abs/10.1080/13218719.2013.822783">2014 study</a> finding 35% of lawyers engaged in hazardous or harmful drinking and another showing <a href="https://www.abc.net.au/news/2019-08-15/study-finds-high-rates-anxiety-depression-in-legal-profession/11412832">high rates of anxiety and depression</a> in the legal profession, the evidence is compelling.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/212880/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/dale-mitchell-1468293"><em>Dale Mitchell</em></a><em>, Lecturer in Law, <a href="https://theconversation.com/institutions/university-of-the-sunshine-coast-1068">University of the Sunshine Coast</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/no-gavels-no-hearsay-and-lots-of-drinking-a-law-expert-ranks-legal-dramas-by-their-accuracy-212880">original article</a>.</em></p>

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10 driving tips to stay safe in wet weather

<p><strong>Driving in the rain? Follow these tips for safe driving in wet weather </strong></p> <p>This should go without saying, but reducing your speed – as long as you continue to keep with the flow of traffic, of course – is imperative when driving in the rain.</p> <p>After all, between the downpour and spray from other vehicles, heavy rain reduces visibility in all directions, and you need more time to react.</p> <p><strong>Keep your distance </strong></p> <p>Driving in the rain can be hazardous, and if ever there is an incident that requires you – or the driver in front you – to brake unexpectedly, you’ll want to have ample stopping distance on wet roads.</p> <p><strong>Avoid heavy breaking </strong></p> <p>While driving in the rain, you may find yourself in situations – whether you’re hydroplaning or finding yourself in a skid – that will tempt you to hit the brakes abruptly. Do your best to curb that impulse.</p> <p>Brakes can be affected greatly by water, losing a bit of their power when wet, which can be disastrous in an emergency. Easing off the brakes, slowing down and maintaining control of your vehicle is your best bet.</p> <p><strong>Keep both hands on the wheel </strong></p> <p>Control is of utmost importance when driving in the rain. After all, you need to be in command of your vehicle should an incident occur, and having both hands on the wheel while driving in the rain (no snacking or fiddling with the radio!) will ensure you can get out of a sticky situation quickly and efficiently.</p> <p><strong>Keep windows from fogging up</strong></p> <p>When driving in rain, windows tend to fog up as a result of the difference in temperatures inside and outside the car and can lead to decreased visibility. To stay safe and avoid accidents, simply press your car’s defrost button to clear-up the window.</p> <p>Turn on your A/C or roll down the windows by a couple of centimetres to remove the humidity from the vehicle and lower the temperature inside the car. If the issue persists, you may want to purchase a windshield cleaner and defogger.</p> <p><strong>Beware of hydroplaning </strong></p> <p>Hydroplaning happens when your car travels above the water without touching the ground. Given that a driver is left with little-to-no grip with the road and, thus, less control, this can be a dangerous set of circumstances. If you find yourself in such a situation, stay calm, ease off the brakes and do not turn your steering wheel; let your car slow down and the tires reattach to the road surface.</p> <p><strong>Avoid puddles</strong></p> <p>Windshield wipers should always be in working condition. Be vigilant about replacing them once per year, or whenever they start to leave streaks on the glass. Having wipers blades in tip-top shape ensures the best possible visibility when driving in the rain.</p> <p><strong>Stay home if you can </strong></p> <p>If you have no choice but to head outside during a heavy downpour, be sure to follow these driving tips. However, if you don’t have anywhere pressing to be, consider staying home and waiting it out until the storm subsides.</p> <p><strong>Keep your headlights on</strong></p> <p>With wet weather often comes fog and overall gloominess. With your surroundings slightly darkened, turning on your headlights ensures that you can see the road in front of you, and that other drivers can see you.</p> <p><strong>Ensure windshield wipers are in working order</strong></p> <p>Windshield wipers should always be in working condition. Be vigilant about replacing them once per year, or whenever they start to leave streaks on the glass. Having wipers blades in tip-top shape ensures the best possible visibility when driving in the rain.</p> <p><em>Image credits: Getty Images</em></p> <p><em>This article originally appeared on <a href="https://www.readersdigest.com.au/food-home-garden/home-tips/10-driving-tips-to-stay-safe-in-wet-weather" target="_blank" rel="noopener">Reader's Digest</a>. </em></p>

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Past charges against mushroom poisoning suspect uncovered

<p>Erin Patterson, the woman under investigation for allegedly cooking the deadly mushroom meal that claimed the lives of three people, has previously faced a series of charges after being involved in a drunk-driving incident.</p> <p>According to reports from The Australian, the 49-year-old was convicted in 2004 of driving drunk in an unregistered vehicle. </p> <p>Court records have revealed that Patterson, who was then known as Erin Trudi Scutter and was aged 29, faced legal consequences for her reckless actions, losing her license for 30 months after crashing her vehicle in the eastern suburbs of Melbourne while heavily intoxicated.</p> <p>The reports revealed that after the crash, she fled from authorities by speeding away from the crash scene, reaching 95 km/h in a 60 km/h zone.</p> <p>The convictions that were handed down were for charges of failing to stop a vehicle after an accident, failing to provide identifying information after causing property damage, using an unregistered vehicle on a highway, failing to provide information after property damage, and driving at 95 km/h in a restricted 60 km/h zone.</p> <p>At the time of the crash, Erin's blood alcohol level was 0.14 per cent, indicating significant impairment, however the charges of drink driving were dropped, potentially due to overlapping elements in other charges.</p> <p>Patterson has yet to comment on the previous charges, after being advised by her lawyer not to make any public comments as she remains under investigation for the deadly mushroom meal. </p> <p>She has <a href="https://www.oversixty.com.au/finance/legal/details-of-erin-patterson-s-police-statement-around-fatal-mushroom-meal-revealed" target="_blank" rel="noopener">denied any wrongdoing</a> in the mushroom incident, although according to police, they are investigating Patterson because she was the only adult among five who did not either die or suffer severe illness after ingesting the deadly mushrooms.</p> <p><em>Image credits: A Current Affair</em></p>

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What are your rights as an Airbnb renter in Australia? A law expert answers 6 common questions

<p><em><a href="https://theconversation.com/profiles/mark-giancaspro-182268">Mark Giancaspro</a>, <a href="https://theconversation.com/institutions/university-of-adelaide-1119">University of Adelaide</a></em></p> <p>Airbnb has revolutionised the short-stay industry. Launched in 2008, it now eclipses the world’s biggest hotel chains. In Australia alone there are about <a href="https://www.abc.net.au/news/2022-05-15/short-stay-rentals-airbnb-impact-on-australian-property-market/101019726">100,000 listed properties</a>.</p> <p>But in dealing with both a digital platform and a private owner (or “host”, in Airbnb-speak), your legal rights as a renter (or “guest”) can be unclear – at least without reading lengthy terms and conditions.</p> <p>This article answers six very common questions about using Airbnb in Australia. Please note that your legal rights may differ in other countries. Even if Airbnb’s terms and conditions are near identical – and they generally are – there may be differences in consumer laws.</p> <h2>What if an Airbnb property doesn’t match its description?</h2> <p>Airbnb’s <a href="https://www.airbnb.com.au/help/article/2908#6">terms and conditions</a> require the host to provide “complete and accurate information” about their property. Content, including photos, must be “up-to-date and accurate at all times”. Airbnb’s <a href="https://www.airbnb.com.au/help/article/2895/">Host Ground Rules</a> state that listings “should accurately describe the home and reflect the features and amenities that will be available”.</p> <p>If a property does not match its description or photos, <a href="https://www.airbnb.com.au/d/anz-prohost-resource-centre-support">report this to Airbnb</a>.</p> <p>False advertising will also likely breach the Australian Consumer Law, which prohibits (Section 18) commercial conduct that is misleading or deceptive or is likely to mislead or deceive. Report to the <a href="https://www.accc.gov.au/about-us/contact-us/report-a-consumer-issue">Australian Competition and Consumer Commission</a> here.</p> <p>There are no specific provisions to claim a refund or a discount for misleading listings. Your only recourse would seem be to initiate the cancellation policy that applies to your booking.</p> <h2>So when can I get a refund?</h2> <p>If you cancel your booking or leave the property early, your refund rights are determined by your <a href="https://www.airbnb.com.au/help/article/149">cancellation policy</a> (see “show trip details”).</p> <p>There are various <a href="https://www.airbnb.com.au/help/article/475">policies</a> (from which a host selects when listing). Most allow full refunds if you cancel one to five days prior to check-in, while others require up to 30 days’ notice or only provide partial refunds.</p> <p>If the host cancels on you, they <a href="https://www.airbnb.com.au/help/article/990">may be penalised</a> by Airbnb.</p> <h2>Can an Airbnb host impose harsh and unreasonable ‘house rules’?</h2> <p>If an owner wants to make rules against visitors without their permission or how many times you can use the washing machine, they generally can.</p> <p>When you rent a property through Airbnb, you are entering into a private agreement with the owner. Under contract law, they can stipulate whatever terms they like, so long as those rules aren’t illegal.</p> <p>What Australian Consumer Law does prohibit are <a href="https://www.accc.gov.au/business/selling-products-and-services/contracts#toc-unfair-terms-in-standard-form-contracts-">unfair terms</a> in standard form “consumer contracts” – which an Airbnb contract likely qualifies as. An unfair term is one that:</p> <ul> <li>causes a significant imbalance in your rights and obligations</li> <li>is not reasonably necessary to protect the host’s interests</li> <li>would cause you detriment (financial or otherwise) if it was enforced.</li> </ul> <p>The problem is that you will need to sue the host (that is, initiate civil litigation) to prove this.</p> <p>Your best option is to carefully review the rules before you confirm your reservation. Once you confirm, you are legally agreeing to all of the host’s terms whether you’ve read and understood them or not.</p> <p>If you disagree with a rule, ask the host to waive or amend it. If they won’t budge, your choice is to book or not.</p> <h2>What are the boundaries for an Airbnb host/owner?</h2> <p>Hosts are <a href="https://www.airbnb.com.au/help/article/3057">required</a> to ensure every property is secure and safe. Airbnb’s Community Policy states properties must be properly lockable and free of hazards, and hosts must be responsive and willing to answer guest queries within a reasonable time.</p> <p><a href="https://www.airbnb.com.au/help/article/3060?_set_bev_on_new_domain=1691395791_NmY1ZDNmZjQxZjQy">According to Airbnb</a>, a host cannot physically intrude or interfere with your stay. They can only re-enter their property (or a guest’s room in a shared stay) if there is an emergency or with express permission.</p> <p>In a shared stay, the host must not enter the bathrooms or guest bedrooms when the guests are inside. The host is also forbidden from sharing private details, photos, or videos of you without consent.</p> <p>Where your safety is threatened, you should contact law enforcement and notify Airbnb. If you decide to leave, you may be entitled to a partial refund. Your rights depend on the cancellation policy applying to your booking (discussed further below).</p> <h2>If I am injured in or get sick because of an Airbnb property, can I claim compensation?</h2> <p><a href="https://www.airbnb.com.au/help/article/2908#4.2">Clause 4.2</a> of Airbnb’s terms and conditions states that, by staying at a listed property, you acknowledge and “freely and willfully” accept the risk of “illness, bodily injury, disability, or death”.</p> <p>Further, clause 19 contains a broad disclaimer absolving Airbnb of any liability for “personal or bodily injury or emotional distress” incurred in using its services. Clause 20 also contains an indemnity preventing you from making any claim against Airbnb in relation to your stay.</p> <p>This gives Airbnb legal protection. But you may make a claim against the host.</p> <p>The first step would be to formally write to the host outlining your claim. Airbnb may also assist with any disputes. If this fails, you can sue the host but whether the cost and effort is worth it will depend on the extent of your injury or illness.</p> <p>If you do make any claim against the host, they will likely rely on Airbnb’s insurance. Every Airbnb host is insured up to US$1 million (about A$1.5 million) through Airbnb’s <a href="https://www.airbnb.com.au/help/article/3145">Host Liability Insurance Programme</a>. This covers any bodily injuries incurred by guests (or others) and damage to or theft of any property belonging to a guest (or others).</p> <p>There are some exceptions to what Airbnb’s insurance will cover, such as intentional violence, mould and communicable disease. If you want compensation for something the host is personally liable for, you are more likely to have to take legal action, using a lawyer. Consider the costs carefully.</p> <h2>What’s the maximum cleaning/damages fee an Airbnb host can charge?</h2> <p>Cleaning fees are <a href="https://www.airbnb.com.au/help/article/2812">set by the host</a>. Airbnb provides a <a href="https://www.airbnb.com.au/help/article/3171">pricing tool</a> to help them calculate a reasonable fee – generally <a href="https://www.igms.com/airbnb-cleaning-fee/">based on size and facilities</a> – but there is no maximum, presumably on the rationale that market forces (and reviews) will deter hosts from charging too much.</p> <p>Nor is there a maximum damages fee. You can formally <a href="https://www.airbnb.com.au/d/anz-prohost-resource-centre-support">dispute the amount</a> with Airbnb, which will determine if it is reasonable, relying on information provided by both parties.</p> <p>Charging exorbitant prices is not illegal though Australian Consumer Law does prohibit “<a href="https://www.accc.gov.au/business/selling-products-and-services/unfair-business-practices#toc-unconscionable-conduct">unconscionable conduct</a>”. But, again, you need to initiate legal proceedings and have a court agree you deserve compensation.</p> <h2>Where to go for help and advice</h2> <p>You can <a href="https://www.airbnb.com.au/d/anz-prohost-resource-centre-support">contact Airbnb</a> for any account, listing, or reservation-related questions. Online forums can also be useful for advice and support.</p> <p>You can report consumer complaints to the <a href="https://www.accc.gov.au/about-us/contact-us/report-a-consumer-issue">Australian Competition and Consumer Commission</a> but the federal regulator does not resolve individual complaints or provide legal advice on your rights and obligations. For preliminary advice go to the following state and territory consumer advice agencies:</p> <hr /> <p><iframe id="lhlWv" class="tc-infographic-datawrapper" style="border: none;" src="https://datawrapper.dwcdn.net/lhlWv/2/" width="100%" height="400px" frameborder="0"></iframe></p> <hr /> <p><em>Please note this article does not constitute legal advice. If you need legal advice, consult a lawyer.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/211026/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></em></p> <p><em><a href="https://theconversation.com/profiles/mark-giancaspro-182268">Mark Giancaspro</a>, Senior Lecturer in Law, <a href="https://theconversation.com/institutions/university-of-adelaide-1119">University of Adelaide</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-are-your-rights-as-an-airbnb-renter-in-australia-a-law-expert-answers-6-common-questions-211026">original article</a>.</em></p>

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Police lie in wait for Kyle Sandilands after on-air boasts

<p>Well, well, well, it seems like Kyle Sandilands has become quite the sensation among the law enforcement agencies.</p> <p>This Tuesday morning was no ordinary day for the radio star, as he drove into KIIS FM's studios only to find himself caught in a wild ambush by the cops. Yes, you read that right!</p> <p>In a video that was later shared on The Kyle and Jackie O Show's Instagram account, viewers were shown several police officers patiently waiting for Sandilands to arrive at the ungodly hour of 5:30 am. </p> <p>As Kyle stepped out of his luxurious $250,000 Cadillac Escalade Platinum 4WD, the officers approached him, ready to take action. But wait – it turns out this encounter wasn't your typical traffic stop. In fact, it was all about Kyle's on-air shenanigans!</p> <p>The station's employees spilled the beans, revealing that the police had a little chat with them while they eagerly waited for Kyle's arrival. Turns out, the boys in blue just wanted to have a friendly discussion with the father-of-one about his knack for making outrageous comments on the radio. </p> <p>"The highway patrol dude[s], they've come out and they've said, 'Listen, we've heard you on the air saying you think the coppers are after you," said Kyle. "And they've come out to tell me they're not after me."</p> <p>Kyle, being the smooth talker that he is, managed to talk himself out of any real trouble, with the audio recording from the station capturing his finesse in action. </p> <p>But here's the kicker: he didn't entirely believe their explanation. In fact, he expressed concern about his dwindling points on his driver's license, mentioning that he only had four left. </p> <p>However, the encounter did not end in tears or sirens blaring. In a surprising turn of events, Kyle decided to call one officer's fiancée, who happened to be a fan of the show, just to tell her that she had landed herself "a good one" in her law enforcement beau. Smooth move, Kyle, smooth move!</p> <p>Now, let's rewind to 2021 when Sandilands confessed to accumulating a whopping $16,000 worth of fines in just one year. He practically treats parking fines like they're going out of style.</p> <p>During a lively conversation with his manager and pal, Bruno Bouchet, on The Kyle and Jackie O Show, Kyle spilled the beans on his parking escapades. Apparently, he has witnessed firsthand the magical art of getting away with parking violations. </p> <p>According to Bruno, there are a few parking rangers who are loyal fans of the show and would rather not deal with the hassle of booking Kyle. But Kyle takes his parking rebellion to the next level. He boldly declared, "I never buy a ticket, I say f**k the local council, I'm not paying you $4, screw yourself!"</p> <p>The numbers don't lie, and neither does Jackie O's shocked expression. Let's break down the fines, shall we? 18 fines for "parking continuously longer than indicated" racked up a bill of $2,088. Kyle's blatant disregard for stop signs earned him 25 violations, totalling $5,675. And if that wasn't enough, stopping in a loading zone like it's his personal VIP parking spot resulted in a staggering 42 charges, adding up to $8,148. The grand total for the year? A jaw-dropping $15,911!</p> <p>Naturally, Jackie couldn't hide her disbelief and told Kyle that it was a "waste of money." But Kyle had an explanation (or maybe an excuse?) up his sleeve. He admitted that sometimes he mistakes the ticket fines for Domino's flyers on his car window. Ah, the struggles of a wealthy and famous man!</p> <p>In the grand scheme of things, $16,000 is pocket change for Kyle, who reportedly rakes in a mind-boggling $5 million per year for hosting The Kyle and Jackie O Show.</p> <p>Well, there you have it, folks, a true rebel fighting against the system, one parking ticket at a time.</p> <p><em>Images: KIIS FM</em></p>

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What is the difference between the laws of cricket and the ‘spirit’ of cricket?

<p><em><a href="https://theconversation.com/profiles/vaughan-cruickshank-396715">Vaughan Cruickshank</a>, <a href="https://theconversation.com/institutions/university-of-tasmania-888">University of Tasmania</a></em></p> <p>The second Ashes Test ended in tense scenes on Sunday following the controversial dismissal of English batsman Jonny Bairstow. His stumping infuriated a pro-England crowd at the famous Lord’s ground and divided the cricketing world.</p> <p>While the Australians would no doubt have preferred to win with less controversy, did they actually do anything wrong?</p> <p>In answer to that question, it’s widely accepted, even by the English team, that his dismissal was within the laws of cricket. But critics then invoked the “spirit of cricket” to suggest the Australians should not have asked for the dismissal to be upheld. So what is the difference?</p> <p>The <a href="https://www.lords.org/mcc/the-laws-of-cricket">laws of cricket</a> detail the rules of the game of cricket worldwide. They have been owned and maintained by the Marylebone Cricket Club (MCC) in London for over 200 years.</p> <p>The rules are clear and the many English fans and past players, along with the <a href="https://www.foxsports.com.au/cricket/the-ashes/ashes-2023-jonny-bairstow-stumped-by-alex-carey-cricket-rule-explained-was-he-out-was-the-decision-right-second-test-at-lords-reaction-news/news-story/41f36dc48a1515effb69a5c18acccf5a">current captain and coach</a>, have acknowledged the umpires were correct according to those laws.</p> <p>That’s when we get to the “spirit”. Since the late 1990s, the laws of cricket have also had an introductory statement or preamble. It states that cricket should be played not only according to the laws, <a href="https://www.lords.org/mcc/the-laws-of-cricket/spirit-of-cricket">but also in the “spirit of cricket”</a>“.</p> <p>This preamble is aimed at reminding players and officials of their responsibility for ensuring cricket is played <a href="https://www.lords.org/mcc/the-laws-of-cricket/spirit-of-cricket">in a truly sportsmanlike manner</a>.</p> <p>The two captains have the main responsibility for ensuring the spirit of fair play is upheld. This primarily involves making sure players show respect for other players, officials and the traditional values of cricket. It is against the spirit of the game to do things such as dispute an umpire’s decision, verbally or physically abuse a player or umpire, or cheat.</p> <p>The problem is the "spirit of cricket” is a subjective and slightly hazy concept. Respected English cricket writers have even suggested it has not existed since 1882, using an <a href="https://www.telegraph.co.uk/cricket/2023/07/04/the-ashes-cheating-bairstow-spirit-of-cricket-tradition/">example of conduct</a> by the “father of cricket”, W.G. Grace himself.</p> <p>While cricket is united under its laws, cricket is a global game and the idea of the “spirit” differs around the world. Consequently, opinions about Bairstow’s dismissal have been highly polarised. Many English players and fans are very angry at what has occurred, accusing Australia of going against the “spirit of cricket”. The fact they narrowly lost the match no doubt intensified this feeling.</p> <p>Their anger is reflected in the front-page stories in <a href="https://twitter.com/cric_blog/status/1675808745656573954">numerous English newspapers</a> and in social media posts. Twitter has had tens of thousands of tweets under trending hashtags such as #Ashes, #Bairstow and #SpiritofCricket.</p> <p>Interestingly, a look at these hashtags also reveal numerous accusations of hypocrisy by the English, backed up with <a href="https://www.nzherald.co.nz/sport/ashes-cricket-2023-eight-times-england-broke-the-spirit-of-cricket-as-bairstow-incident-ignites/52QFZT4ES5FG5OUBZMUKGJHEYI/">examples</a> of England’s questionable, and sometimes very similar, conduct. These examples have included central figures such as English players <a href="https://twitter.com/BigOtrivia/status/1675643613689311232">Stuart</a> <a href="https://twitter.com/MitchellGlenn/status/1675685369898242048">Broad</a>, <a href="https://twitter.com/1116sen/status/1676076294306689026">Jonny</a> <a href="https://twitter.com/TonyIKnow/status/1676246531387846657">Bairstow</a> and coach <a href="https://www.foxsports.com.au/cricket/the-ashes/cant-reward-stupidity-brendan-mccullums-words-come-back-to-bite-him/news-story/b4f114547671fa325b11a3acef806ae2">Brendon McCullum</a>.</p> <p>Additionally, the only player who has been fined for displaying <a href="https://www.icc-cricket.com/media-releases/3542860">conduct contrary</a> to the spirit of the game in this Ashes series is English player Moeen Ali.</p> <p>Former Australian captain Ricky Ponting noted that a key part of the spirit of cricket was <a href="https://www.foxsports.com.au/cricket/the-ashes/ashes-2023-cricket-news-ricky-ponting-hits-out-at-ben-stokes-response-to-lords-furore/news-story/cd9859c2dfc32c007e6e9c76a22136be">respecting the umpire’s decision</a>, which in this instance he said the English players, fans and press had not. Indeed, several MCC members have been <a href="https://www.bbc.com/sport/cricket/66082409">suspended</a> over their abuse of Australian cricketers returning to their dressing room.</p> <figure><iframe src="https://www.youtube.com/embed/Yiuo50uCL9s?wmode=transparent&amp;start=0" width="440" height="260" frameborder="0" allowfullscreen="allowfullscreen"></iframe></figure> <p>Perhaps the key lesson that both sides could learn can be encapsulated in the old saying that people who live in glass houses shouldn’t throw stones, particularly in the modern age when evidence can be quickly <a href="https://www.thechronicle.com.au/sport/cricket/jonny-bairstow-footage-all-but-silences-englands-spirit-of-the-game-debate/news-story/4a4b6d8f9ce801fb23169e6d8c87a5f3">found on the internet</a>.</p> <p>Neither country has a clean slate when it comes to the “spirit of cricket”. Both should be careful about trying to take the moral high ground. Trevor Chappell’s <a href="https://www.heraldsun.com.au/sport/cricket/icc-world-cup-2015/when-trevor-chappell-rolled-the-ball-down-the-pitch-to-brian-mckechnie-he-did-the-kiwis-a-favour/news-story/9e6cdec155f23674f3abf0629a96abaa">underarm bowl</a> is one of the most infamous Australian examples, still remembered over 40 years later.</p> <p>Bairstow’s dismissal is the most recent controversy and unlikely to be the last.</p> <p>As the Australian team heads to Leeds for the third Test starting on Thursday, there are concerns tensions could boil over, on and off the field. Leeds is known for its raucous atmosphere. Cricket Australia has <a href="https://www.theage.com.au/national/australia-news-live-rba-interest-rates-joko-widodo-pwc-scandal-20230704-p5dlpf.html?post=p54ztv">increased security</a> for the Australian team and reportedly told players to remain <a href="https://au.sports.yahoo.com/cricket-ashes-jonny-bairstow-stumping-controversy-exposes-worrying-aussie-truth-014432845.html">extra vigilant</a> when dining out in restaurants during the remaining weeks of the Ashes.</p> <p>We may never get complete agreement on the “spirit of cricket” and whether the Australians breached it on this occasion. Perhaps the closest we can get is to agree with former Australian bowler and Yorkshire coach Jason Gillespie, who <a href="https://www.dailymail.co.uk/sport/cricket/article-12256795/Mail-Sports-experts-weigh-controversial-stumping-Englands-second-Test-defeat.html">believes</a> that "by playing within the laws of the game you are playing within the spirit of the game."</p> <p>Let’s hope the remainder of the series sees a cooling of tensions and more focus on the last three Tests being <a href="https://www.lords.org/mcc/the-laws-of-cricket/preamble-to-the-laws-spirit-of-cricket">played hard but fair</a>, without reigniting “spirit of cricket” debates that no one wins.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/209124/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/vaughan-cruickshank-396715">Vaughan Cruickshank</a>, Program Director – Health and Physical Education, Maths/Science, Faculty of Education, <a href="https://theconversation.com/institutions/university-of-tasmania-888">University of Tasmania</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-is-the-difference-between-the-laws-of-cricket-and-the-spirit-of-cricket-209124">original article</a>.</em></p>

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