Bruce Lehrmann appeal begins
Nino Bucci
Bruce Lehrmann’s appeal against the federal court ruling that he was not defamed by Network 10 and Lisa Wilkinson has started.
The appeal against that finding will be heard over three days before the federal court’s full court of justices, Michael Wigney, Craig Colvin and Wendy Abraham.
Key events
Nino Bucci
Lehrmann’s lawyer tells court her client can’t afford a senior counsel
Bruce Lehrmann is appealing against the ruling that he was not defamed by Network Ten and Lisa Wilkinson, and that on the balance of probabilities he raped former Liberal staffer Brittany Higgins in Parliament House in 2019 before the full court of the federal court.
Zali Burrows, for Lehrmann, starts the appeal hearing by apologising to the court for the absence of a senior counsel, which she says her client couldn’t afford.
Burrows says Lehrmann had hoped to be able to afford Guy Reynolds SC.
Justice Wigney assures her she is well qualified to continue, and mentions her detailed written submissions.
Burrows also checks with the justices that Lehrmann is permitted to sit at the bar table, a slightly unusual occurrence, given this table immediately before the judges is generally reserved for lawyers. Wigney has no issue with this.
Burrows says Lehrmann appeals on four grounds, and starts by outlining the first of these grounds: that the judgment of Justice Lee in the federal court was found outside the pleadings, denying Lehrmann procedural fairness and natural justice.
She said that Lee reached his decision outside the evidence led by Higgins. The hearing continues.
Ley says ‘respect goes both ways’ amid Israel-Australia row
The opposition leader Sussan Ley just spoke at a press conference in Sydney, where she said the prime minister needs to explain how he plans to get Australia’s relationship with Israel “back on track”.
Ley is continuing her criticism of Albanese this morning. She said:
Respect goes both ways, and the series of events we have seen in relationship between Israel and Australia are regrettable. And that relationship has been and is being mismanaged.
It is a strong relationship, an enduring relationship that dates back to 1947 … Of course, along the way there have been disagreements and there have been a robust conversations. That is normal.
But what we are seeing now is something different. We are seeing a relationship that has deteriorated and the consequences of that are not good and they are spilling over into our relationship with the US, our most important ally. The prime minister needs to explain how he is going to get this relationship that he has so badly mismanaged back on track.
Bruce Lehrmann appeal begins
Nino Bucci
Bruce Lehrmann’s appeal against the federal court ruling that he was not defamed by Network 10 and Lisa Wilkinson has started.
The appeal against that finding will be heard over three days before the federal court’s full court of justices, Michael Wigney, Craig Colvin and Wendy Abraham.
Bruce Lehrmann has arrived at the Federal Court in Sydney ahead of his defamation case appeal hearing – we’ll bring you all the action when it kicks off.
Peter Milne
Perth’s water supply at ‘high risk’ from Alcoa bauxite mining, expert study finds
Alcoa’s plan to vastly expand its strip mining of forest near Perth’s dams poses a high risk to the water supply for the city’s 2.3 million people, according to global engineering consultancy GHD.
The US aluminium producer commissioned the detailed analysis as part of its bid for approval to mine an additional 67 sq km of jarrah forest for bauxite – the source material for aluminium.
GHD identified 22 pathways for Alcoa’s mining to contaminate dams inland of Perth and concluded that all but one of them presented a high risk.
The triple threats to the water supply are contamination of the dams by pathogens from sewage, hydrocarbons from oil spills (both from Alcoa’s mining) or simply excessive soil washing into the dam, which makes the water unclear, rendering water treatment plants ineffective.
Read more here:
Head of Australian Jewish group says Netanyahu’s remarks to Albanese ‘unseemly’ and ‘not the way to do it’
Alex Ryvchin, the head of the Executive Council of Australian Jewry, said Israeli prime minister Benjamin Netanyahu’s criticism of Anthony Albanese is “not the way to do it”, saying the growing diplomatic stoush has become a mess. Ryvchin spoke to Sky News this morning, saying of Netanyahu’s remarks:
I think it’s unseemly to speak to another leader, a foreign leader of another country, an allied nation, in that way and in that forum. … If the prime minister of Israel wishes to make his views known to the prime minister in a robust fashion, our prime minister here can handle it. Doing so on Twitter in that way I think is unacceptable.
Ryvchin said recent remarks by the Australian government were “overblown as well,” urging “everyone to really calm down and think about what’s at stake here”. He went on to say that he believed Burke’s comments this morning, as reported in the blog, were also out of line.
I think both parties are acting contrary to the interests of the people they’re seeking to represent and serve. They need to find a new course and a new way of dealing with each other.
NSW SES issues warnings for possible flooding
Emergency officials are warning residents in northern and central NSW to prepare for possible flooding amid a heavy deluge of rain set to continue into tomorrow.
NSW SES said 24-hour totals near Tamworth are likely to reach 30-45mm, with isolated falls of 70mm. In the northern and Central Coast areas, rainfall totals are expected to peak Thursday with totals of 25-80mm likely.
A flood watch has been issued for parts of the mid-north coast, the Hunter and the north west slopes, with minor to moderate flooding likely from later today, with isolated major flooding possible.
Colin Malone, the assistant commissioner of the NSW SES, urged people to have an emergency plan in place, saying people should “understand their own risk and know where you will go and what you will do”.
Malone stressed flash flooding can be unpredictable, and urged residents to “never, under any circumstance, drive through flood waters”.
“If you come across a flooded road, turn around and find another way”.
Natasha May
‘Clear cut’ regulator decisions would help keep capital in Australia, AustralianSuper says
Speeding up regulator decisions would be the “single most important thing” that would help keep investments in Australia rather than overseas, AustralianSuper’s boss says.
The fund’s chief executive, Paul Schroder, appeared on ABC’s 7.30 program last night after speaking at the government’s economic roundtable as one of four experts on a session about attracting capital to Australia.
Given more than half of AustralianSuper investments are overseas, host Sarah Ferguson asked Schroder what would make them invest more money in Australia.
He insisted the fund needs to have a globally diversified portfolio to make the most money for members in retirement but when pushed acknowledged more still could be invested domestically if governments make financial decision making easier:
We need to be in a situation where governments of all tiers can make decisions more quickly – whether that is a yes or no – knowing that is really important. Having the right settings about the long term is really important … for example, housing. …
The single most important thing the government could do is to say at all levels of government, ‘We are going to make it much easier and much more clear-cut’.
Netanyahu sent Albanese a letter last week, saying antisemitism has ‘scarred’ Australia
Israeli prime minister Benjamin Netanyahu sent Albanese a letter last week after Australia’s decision to recognise a Palestinian state, writing antisemitism had “scarred” cities across the nation and the move would only pour “fuel on this antisemitic fire”.
Sky News obtained a copy of the letter, dated 17 August, which accused Albanese of appeasing Hamas:
Your call for a Palestinian state pours fuel on this antisemitic fire. It is not diplomacy, it is appeasement. It rewards Hamas terror, hardens Hamas’s refusal to free the hostages, emboldens those who menace Australian Jews and encourages the Jew-hatred now stalking your streets.
Netanyahu went on to praise Donald Trump for protecting the civil rights of Jewish people, telling Albanese:
Antisemitism is a cancer. It spreads when leaders stay silent. It retreats when leaders act. I call upon you to replace weakness with action, appeasement with resolve.
Josh Butler
Greens want Albanese to legislate right to work from home
The federal Greens are pushing for the Albanese government to follow Victoria’s lead and legislate the right for workers to work from home at least two days a week.
In a new policy announcement on Wednesday, Senator Barbara Pocock wants employers to be required to “positively consider reasonable requests to work from home at least two days a week, provided working from home was not at odds with the inherent nature of a workers’ role”, according to a statement from her office.
The policy would apply where WFH is “is sensible and doable”. The Greens note that the government has taken up previous ideas around establishing a right to disconnect, and that women especially could benefit from a WFH right being enshrined in law. The Greens’ leader, Larissa Waters, said:
The prime minister supports Victorian Labor premier Jacinta Allen’s push for legislating work from home two days a week. Now he has a chance to work with the Greens in federal parliament to make this a reality for those Australians whose jobs it suits.
Pocock noted that working from home “is not possible in all roles” but said that “where it is practical, workers should have a reasonable right to work from home for up to a couple of days a week.” She added:
The productivity commission has found that working from home not only reduces breaks and sick days, it can be less distracting than working on-site, which can lead to improved productivity. Similarly, OECD research shows that working from home – especially in hybrid models – can boost productivity and employee wellbeing, provided businesses invest in digital tools and smart management practices.
Burke said Israeli politician’s calls for destruction of Hamas not one of the grounds for cancelled visa
Burke was asked about the specifics behind Rothman’s visa cancellation on RN Breakfast earlier, including if the politicians calls for the destruction of Hamas were one of the grounds behind that decision.
The home affair minister said that claims were “mischievous” and “ridiculous”, saying the delegate who made the decision had included “simply descriptive” details about Rothman in the decision, including his views of Hamas, his professional qualifications and his alignment with his far-right party platform. Burke was asked if “his calling for the destruction of Hamas” was one of the specifics behind the rejection. He replied:
Of course not. Then just look at the number of people, yeah, the number of people with that exact view who we give visas to in Australia. Like, obviously, it’s not.
And some of what follows in that paragraph [in the visa decision] is simply descriptive of his views and consistent with many people who we let into the country.
And some of it is quite extreme views, which are not consistently held across the country.
Coalition says Burke has applied visa decisions ‘inconsistently’
Andrew Hastie, the shadow minister for home affairs, maintained the Coalition stance that Australia’s relationship with Israel is “now at an all-time low”. In an interview with RN Breakfast, Hastie said the decision to recognise a Palestinian state had “damaged” the relationship, adding:
I think as well, this latest visa decision, regardless of what you think of the Knesset MP who applied to come to this country, has further damaged the relationship as well. …
I think the government’s failed to recognise what this cancellation would mean. This wasn’t just any old visa. … I’m sure he said a whole range of things that I probably wouldn’t agree with. But nonetheless, he’s a member of the Knesset.
Hastie was asked again about Rothman’s views, saying while he “obviously” didn’t support them, Burke had applied the standard of visa approvals “very inconsistently”.
Burke defends decision to deny visas to far-right Israeli politicians
Burke was asked about the government’s decision to deny a visa to Simcha Rothman, a far-right Israeli politician, earlier this week, as well as that of another Israeli politician last year. The home affairs minister vehemently defended the call, saying the government had taken similar steps in the past against other controversial speakers, including US far-right commentator Candace Owens and the rapper Kanye West.
Burke told RN of the two Israeli politicians:
One of them has described Palestinian children as the enemy, and the other has described Palestinian children as little snakes. As little snakes.
Now, if anyone wanted to come on a public speech tour and they had those views publicly expressed about Israeli children, I would block the visa. And I am going to not have a lower bar for the protection of views that are bigoted views against the Palestinian people. I take the role very seriously in Australia that we have a power, or I have a power, and my delegates in the department have a power under the Migration Act, to block people from coming here if we think they will incite discord.
Burke went on to say his views on the matter were firm:
I have a strong view that no matter who you are in Australia, you have a right to feel safe and to be safe. And I also have a view that words can be bullets.
Burke addresses Netanyahu criticism, says strength not measured by ‘how many people you can blow up’
Tony Burke, the minister for home affairs, has addressed Israeli prime minister Benjamin Netanyahu’s criticism, saying Anthony Albanese had shown strength in standing up for Australian values on the world stage.
Burke spoke to RN Breakfast this morning, saying Israel was “lashing out” as the country had against others who said they would recognise a Palestinian state. Burke said:
Strength is not measured by how many people you can blow up, or how many children you can leave hungry. Strength is much better measured by exactly what prime minister Anthony Albanese has done –which is when there’s a decision that we know Israel won’t like, he goes straight to Benjamin Netanyahu.
He has the conversation, he says exactly what we’re intending to do, and has the chance for the objections to be made person to person. And then having heard them, makes the public announcement and does what needs to be done.
Burke said he had not yet seen a letter Netanyahu sent to Albanese. But he said such criticism was further isolating Israel:
What we are seeing with some of the actions they’re taking is a continued isolation of Israel from the world, and that is not in their interests either.
Sussan Ley says Albanese ‘mismanaging’ Israel relationship
Sarah Basford Canales
The opposition leader, Sussan Ley, has accused Anthony Albanese of “mismanaging” Australia’s relationship with Israel after Benjamin Netanyahu lashed out overnight calling him a “weak politician who betrayed Israel and abandoned Australia’s Jews”.
The latest diplomatic row between Australia and Israel was prompted by the visa cancellation of far-right Israeli politician Simcha Rothman ahead of his planned speaking tour in Sydney and Melbourne later this week. The home affairs department cancelled Rothman’s visa on the basis it was “an unacceptable risk” to order in Australia and concern he could make “inflammatory statements to promote his controversial views and ideologies”.
In retaliation, the Israeli foreign minister, Gideon Sa’ar, revoked the visas of three Australian diplomats to the Palestinian Authority living in East Jerusalem and working in an office in the West Bank. Sa’ar also cited Australia’s intention earlier this month to recognise a Palestinian state at the UN general assembly in September as another example of the Albanese government “choosing to fuel” antisemitism.
Ley’s statement said while the Australian prime minister deserved respect, it was a “two-way street”.
She continued:
Anthony Albanese has mismanaged international relationships to the point where he now finds himself at the centre of a troubling diplomatic incident.
This is a direct consequence of bad decisions he and his government have taken that do not advance Australia’s interests …
Her intervention comes after Netanyahu launched a blistering attack on Albanese for “abandoning” Israel.
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