Trial by Podcast

Who owns my body after I die? Can I leave my entire estate to my dog? Do I own the rights to the tattoo on my arm? Welcome to Trial by Podcast, a podcast series where we discuss dinner-party legal topics, current events and the laws surrounding them. Subscribe on iTunes, Stitcher, Overcast or TuneIn Radio.

#34 – Could your employer make you get the COVID-19 vaccine?

The first COVID-19 vaccines have been rolled out in a handful of countries overseas, and Australia is set to launch their program at the beginning of 2021. A number of legal issues will likely arise during this, one being whether your employer can make you get the vaccine.

In the final episode of the series, Emma Connolly and Lachlan Hallab discuss a recent case involving an employee’s refusal to get the flu vaccine, and how this might translate with Australia’s COVID-19 vaccine roll-out next year.

#33 – Voter fraud

Today’s episode looks at a topic widely circulated over the past few weeks: voter fraud. Trump accuses the Democratic Party of using it to win the 2020 US Presidential Election. But when are claims of voter fraud baseless, how does it apply in Australia, and what are the penalties? Law Graduate Andrew Gouveia answers all this and discusses some unique voter fraud cases you probably aren’t aware of.

# 32 – Transgender inmates and prison allocation

In this episode we’re looking at one of the primary issues facing transgender people in Australian correctional centres: which prison do they serve time in, the prison of their biological sex or of their identified gender? Law Graduate, Talia Mason, looks at how it works in each state across Australia, and key areas of concern for this community.

# 31 – Oscar Wylee: Misleading marketing could cost you millions

This episode looks at charitable promises made by businesses, and how misleading marketing could cost you millions. Emma Connolly and Lachlan Hallab particularly look at eyewear retailer Oscar Wylee, who was fined $3.5 million for contravening the Australian Consumer Law.

# 30 – What is the news media bargaining code, and why is it so controversial?

You may have seen #AFairCode trending online, or Facebook and Instagram threatening to stop Australians sharing and spreading news on their platforms. In this episode of Trial by Podcast, Andrew Gouveia looks at the news media bargaining code and how it could impact on everyday social media users, online platforms, news outlets and journalists.

# 29 – Cease and Desist! Is that an order?

What is a Cease and Desist order, what do they do and how do you get one? In this episode, Emma Connolly and Talia Mason discuss this and the case of In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd.


# 28 – Can a male’s sperm become property, and who owns it when they die?

Can sperm become property? When a man dies, could it be owned by someone else? Law Graduates Andrew Gouveia and Lachlan Hallab take a look at this fascinating topic in this next episode of Trial by Podcast.

#27 – Digital defamation: One comment online could land you in legal hot water

Most of us don’t think twice about our everyday social media interactions, so it may surprise you to learn that a Google business review, comment on social media or even a text message has landed people in legal hot water in the past. Law Graduate Talia Mason looks at some of these prominent defamation cases, and outlines changes to the NSW defamation law passed by NSW Parliament earlier this month.

#26 – PeaNOT Butter: Lessons learnt from intellectual property cases

Why was there a dispute over the packaging of two peanut butter brands? Why is Hungry Jack’s not called Burger King? What lessons can businesses learn from these intellectual property cases? All covered in this episode of Trial by Podcast, with Law Graduates Lachlan Hallab and Emma Connolly.

 #25 – Animal rights

In episode 25 of Trial by Podcast, McCabe Curwood Lawyer Tal Prigan looks at the commodification and rights of animals today.

 #24 – Is your favourite social media influencer misleading you?

Scroll through your social media feeds: are many of the influencers you follow selling a product from another brand? Is it a paid advertisement? Has it been made clear this is the case? In this episode of Trial by Podcast, Law Graduate Andrew Gouveia looks at the legal implications of influencer marketing on social media.

#23 – Equity crowd-sourced funding: Raising funds for your business

Are you a start-up business looking to raise funds? You might be considering equity crowd-sourced funding, which allows businesses to do this through an online intermediary. Join Michele Izzo, an Associate in McCabe Curwood’s Corporate team, and Law Graduate Andrew Gouveia, as they discuss who is eligible for crowd-sourced funding and the different stages involved in the process.

#22 – The Pell Decision: Reinforcing the legal standard of beyond reasonable doubt

In this next episode of Trial by Podcast, Law Graduates Lachlan Hallab and Emma Connolly look at the reasoning of the High Court in the controversial decision to quash the convictions of George Pell.

#21 – Mining in space: One small step for man, one giant leap for… lawyers?

Ever wondered about mining and space, and whether or not it is actually legal? In this episode of Trial by Podcast, Law Graduate Andrew Gouveia discusses this, along with other legal issues of mining in space.

#20 – Lawyers and Reality TV: Sharn Coombes on Australian Survivor

Law Graduates Emma Connolly and Lachlan Hallab look at lawyers and reality television, particularly focussing on Sharn Coombes – two-time runner up of Australian Survivor.

#19 – Unpacking the JobKeeper wage subsidy scheme

In this episode of Trial by Podcast, Consultant Kate Staude and Lawyer Liliana Freeman unpack the JobKeeper wage subsidy scheme, recently implemented by the Australian Government amid the COVID-19 pandemic.

#18 – COVID-19 Special Edition Part 2: All other things law during the Coronavirus pandemic

Episode 18 is Part 2 of Trial by Podcast’s COVID-19 Special Edition. In this episode, Lawyers Stephanie Andrews and Gidon Kangisser talk all other things law during the COVID-19 pandemic. Topics include insolvency and bankruptcy reforms, directors’ duties to prevent insolvent trading, employment, and cybersecurity.

#17 – COVID-19 Special Edition Part 1: Contractual issues arising from the Coronavirus pandemic

Episode 17 is Part 1 of Trial by Podcast’s COVID-19 Special Edition. Lawyers Stephanie Andrews and Gidon Kangisser discuss contractual issues arising from the Coronavirus pandemic including force majeure, the doctrine of frustration and termination of contract.

#16 – Is your force majeure clause wide enough to catch the Coronavirus?

In episode 16 of Trial by Podcast, Law Graduate Andrew Gouveia discusses whether Coronavirus could be considered a force majeure event, and the implications this could have on a contract. He also offers practical tips and key elements for drafting force majeure clauses going forward.

#15 – Crash course in subpoenas to produce for law graduates and junior lawyers

In episode fifteen of Trial by Podcast, Lawyer Stephanie Andrews and Law Graduate Talia Mason unpack subpoenas. From how to draft a subpoena, to the difference between conduct money and compliance costs, this is the perfect crash course for law graduates and junior lawyers.

#14 – Pets and Apartments

In episode fourteen of Trial by Podcast, Law Graduate Ethan Aitchison and Law Graduate Stephanie Lowy discuss what to do when you move into an apartment and the strata by-laws don’t allow for your pet to live with you.

#13 – Digital Assets and Estate Planning

In episode thirteen of Trial by Podcast Lawyer Stephanie Andrews prompts you to consider estate planning for your digital assets such as your social media accounts, music and photo clouds.

#12 – Privacy Protection

When it comes to drones, how private is your privacy? In episode twelve of Trial by Podcast, lawyer Ivan Chan looks at how drones can affect your privacy.

#11 – When poor grammar costs you $5million

When it comes to writing an email, a formal letter to a colleague, or even a text message to a friend, the ramifications of making a mistake while typing are insignificant. However, in the context of legal drafting, mistakes or typos, however small, can have significant financial consequences. In this Trial by Podcast, we will explore three cases where this couldn’t be more true, in fact, in one of the cases, a missing Oxford comma resulted in a US$5 million compensation payout.

#10 – Six social media lessons to keep you employed

In episode ten, Gidon Kangisser and Elisa Blakers talk about social media and its impact on your employment. They will give you six quick lessons to cover the possible repercussions of bad-mouthing your boss over Facebook, to the ownership of your LinkedIn contacts.

#9 – The law on heartbreak: when courtship goes to court

In this episode, Luke Dominish talks about breaking up, specifically, what happens to an engagement ring, or other gifts, when a marriage doesn’t go ahead as planned?

#8 – Slips, Trips And Other Christmas Gifts

Once upon a time in a land far, far away where NSW law reigns supreme, there was a town called Northpole. This is where our story begins. Be warned, this is not a happy story but a cautionary tale, a tale of three elves; Twinkle, Buddy and Holly.

#7 – How to grow and protect intellectual property?

McCabes’ solicitors Danton Stoloff and Amelia Cooper discuss what intellectual property is, how entrepreneurs can protect their ideas and how this adds value to an enterprise. A must-listen for all Australian entrepreneurs and start-ups.

#6 – Let’s talk about Mental Health

Welcome to Trial by Podcast’s bonus episode for National Mental Health Week where Solicitor Guy Lewis interviews The Wellness Doctrine’s author Jerome Doraisamy. Guy and Jerome discuss some of the issues related to mental health that young lawyers and law students may experience and explore ways that professionals can take care of their wellbeing.

#5 – Will it be illegal to run without a helmet?

Vanessa Turner from our Insurance group discusses the perceived nanny state, personal responsibility and duty of care. Listen in to find out where there is liability for harm and in which circumstances it is an individual’s own responsibility.

#4 – Directors’ duties: what are your obligations?

Do you have a great business idea? Have you ever considered starting up your own company? Have you considered which business structure is right for you? And what are your obligations as a director of a company? If these questions have ever crossed your mind, then you need to tune into this podcast.

#3 – Who owns your tattoo?

Who owns the copyright of your tattoo? It may not be you. Original works of art normally belongs to the artist, giving them exclusive rights of control of reproduction, public presentation and the ability to profit from their work. Amelia Cooper covers what this means for tattoo wearers, whether there are legal consequences in displaying your tattoo and how to own the copyright of the tattoo.

#2 – Estate planning and pets

In episode two Dylan Heffernan discusses pets and estate planning. Whether this is making sure your pet isn’t passed on to your loved ones as property or establishing a trust to cover their ongoing care, Dylan covers all bases on this topic.

#1 – Who has possession of your body when you die?

In episode one of Trial by Podcast, litigation lawyer Luke Dominish goes back 100 years to examine English and Australian cases discussing burial rites, human tissue and sperm samples to determine what can happen to your body when you die.