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For centuries there have been restrictions on suing a judge who has heard your case if you think they got it badly wrong. You could appeal against the decision or, in theory, petition the legislature to remove the judge. But you couldn't normally sue the judge for damages. There were some exceptions to this rule but these have been removed in Australia in a recent case that went all the way to the High Court.

This episode discusses The State of Queensland v Stradford (2025) and the arguments either way for giving judges an immunity from being sued and whether there could be a compromise position, perhaps involving insurance, so that the victims of gross judicial negligence and not left effectively without a remedy.

For more information about your hosts and the Law in Context podcast series visit our website at https://lawincontext.com.au

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No criminal justice system is perfect. Sometimes it "miscarries" and innocent people are convicted. The consequences can be devastating for those involved, and sometimes for society, leading to unrest or political tensions.

In this episode we look at some selected miscarriages of justice from the United States, the United Kingdom and Australia. We discuss a very controversial and live issue at the moment, the Lucy Letby convictions in the United Kingdom, involving the deaths of seven babies, which relied on expert evidence which is now being challenged by other experts.

We also look at a new phenomenon; "mass" miscarriages of justice, where governments or government agencies wrongly prosecute people and then go into denial, as happened in the UK's Post Office scandal, and in Australia with the Robodebt scandal.

Some common themes in these terrible events are discussed. At the end of the day, there is no substitute for vigilance and remaining sceptical about everything that is given in evidence.

For more information about your hosts and the Law in Context podcast series visit our website at https://lawincontext.com.au

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Being the victim of a crime can be highly traumatic. Some argue that the criminal justice system can make the victim re-live that trauma all over again.

In this episode we look at how, historically, victims have moved away from being parties in a criminal case, to mere witnesses. This process of sidelining victim may be a necessary consequence of giving the State a monopoly over legitimate punishment but there may still be ways of making the victim's voice heard.

The Victim Impact Statement is one such device. Perhaps restorative justice procedures also help reintegrate the victim as well as the offender back into the community. Perhaps not.

For more information about your hosts and the Law in Context podcast series visit our website at https://lawincontext.com.au