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Law in Context podcast series

Episode 18 – Federal/State – How It All Works

August 3, 2025February 1, 2025 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

Like many countries in the world, Australia is a federation; it has more than one tier of government.  In this nail-biting episode, the Two Steves … Read more

Tags constitution, federalism, states

Episode 17 – Native Title and the Case of Eddie Mabo

January 23, 2025 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

All legal systems of previously colonised countries have grappled with the contest between land rights for the original peoples of those countries and the claims … Read more

Tags common law, indigenous rights, land tenure, native title, property law, sovereignty

Episode 16 – It’s Mine, not Yours! Property Law in Context

August 3, 2025January 5, 2025 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

You might think the idea of property is straightforward.  In a way, it is.  Almost anything tangible and many things intangible are capable of being … Read more

Tags civil law, common law, ownership, property, property law

Episode 15 – Prove It! How persuaded must we be in law?

August 3, 2025September 21, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

It’s well known that for someone to be found guilty of a crime, the decision-maker must be persuaded “beyond a reasonable doubt”.  This is the … Read more

Tags balance of probabilities, beyond reasonable doubt, burden of proof, common law, inquisitorial system, not guilty, standard of proof

Who Ya Gonna Trust? Fiduciaries and the Law

August 3, 2025September 12, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

Who should I trust?  If your answer is no one, the world would be a more difficult and expensive place.  Wherever someone does something on … Read more

Tags equity, fiduciaries, fiduciary, law, trusts

Equity and the Sad Case of Mr Stubbings

August 3, 2025August 28, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

In this episode we look at the body of judge-made law called Equity, which emerged in England as a separate body of case law from … Read more

Tags common law, conscience, equity, justice, rules

What is “the common law”?

August 3, 2025August 11, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

We keep hearing about “the common law”, but what exactly is it?  In this episode, we look at three separate meanings.   First, the common … Read more

Tags common law, court system, equity, legal system

Episode 11 – (At last they ask) What is Law?

August 3, 2025July 29, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

Any competent lawyer should be able to say what is the law on a given topic in their area of expertise.  However, most lawyers find … Read more

Tags jurisprudence, justice, law, legal system, positivism, rules

Episode 10 – What is Justice?

August 3, 2025July 14, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

In this episode, not daunted by their previous challenge to explain basic legal concepts clearly, the Two Steves take on the big one: What is … Read more

Tags courts, equality, fairness, justice, lawyers, legal system, procedure

Episode 9 – Why Do People Obey The Law?

August 3, 2025July 1, 2024 by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker

Myths abound about crime rates and law-breaking.  In fact, some kinds of crime are going down and others are probably going up.  A more interesting … Read more

Tags Crime, justice, obeying the law
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