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Sidebar by Hearsay the Legal Podcast

Sidebar by Hearsay the Legal Podcast

By Hearsay the Legal Podcast

Sidebar is a podcast where the Hearsay team gets together around the microphone to talk about the legal side of what’s in the news. If you like Sidebar, check out the original Hearsay the Legal Podcast at hearsay.legalcpd.com.au - if you're an Australian lawyer, earn Continuing Professional Development points for listening.

The theme music used for Sidebar by Hearsay the Legal Podcast is called ‘Something Elated’ by Broke For Free and is licensed under CC BY 3.0 US. Changes have been made to the original.
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Currently playing episode

Name of Thrones: the musical chairs of celebrity trademarks

Sidebar by Hearsay the Legal PodcastJan 04, 2023

00:00
26:05
NZYQ's Great Escape: A tale of statelessness, criminality, the High Court, and ankle bracelets? (ft Marsha Bassily, MB Lawyers)

NZYQ's Great Escape: A tale of statelessness, criminality, the High Court, and ankle bracelets? (ft Marsha Bassily, MB Lawyers)

Rejoin the superstar that is Marsha Bassily as she walks in (and out) of the Curiosity Recording Room for the second time.

Marsha joins the podcast on the topic of the NZYQ decision and its impact. Including a bit about NZYQ, a bit about the High Court, as well as how the decision has been received in the immigration professional community


*recorded before the text of the decision was released.

Nov 27, 202318:31
Naked and Infamous: Exposing Fertility Apps’ Use and Abuse of Health Data (ft. Dr Katharine Kemp) (Hearsay Extract)

Naked and Infamous: Exposing Fertility Apps’ Use and Abuse of Health Data (ft. Dr Katharine Kemp) (Hearsay Extract)

Dr Katharine Kemp of UNSW's Faculty of Law and Justice joins David in Curiosity to explore her research paper Your Body, Our Data: Unfair and Unsafe Privacy Practices of Popular Fertility Apps.

Oct 04, 202322:00
Grabbing a tiger by the tail: Ben Roberts-Smith and the dangers of commencing defamation actions (ft. Robert McGirr, Elit Law)

Grabbing a tiger by the tail: Ben Roberts-Smith and the dangers of commencing defamation actions (ft. Robert McGirr, Elit Law)

David is joined by defamation expert Robert McGirr of Elit Lawyers to analyse the decision in the Ben Roberts-Smith trial of the century.

Aug 23, 202316:22
The dangers of close personal relationships: the cautionary tale of Gladys Berejiklian (ft. Jacob Malby, Legal Researcher)

The dangers of close personal relationships: the cautionary tale of Gladys Berejiklian (ft. Jacob Malby, Legal Researcher)

In this episode of Sidebar, politics nut and Hearsay's Legal Researcher Jacob Malby joins David in Curiosity to digest the convolutions of the ICAC process... dwelling on the meaning of "close personal relationship".

Aug 11, 202315:56
HearsayReplay - Decisions Demystified: The Art and Science of Making a Good Strategic Decision

HearsayReplay - Decisions Demystified: The Art and Science of Making a Good Strategic Decision

In this HearsayReplay episode WA local, leadership consultant and Legal Counsel Bernard Hill joins the podcast to share his insight into the minds of strategic decision makers. Reflecting on what constitutes a good decision, how to get there, and what to do when you arrive.

Jul 07, 202301:06:10
What if trials were more like the Truman show? (ft. David, Jacob, & Josh)

What if trials were more like the Truman show? (ft. David, Jacob, & Josh)

In this episode David reunites with Jacob Malby - and special guest Josh Bicknell - to put jury trials under the microscope through the lens of reality television. The trio judge Jury Duty, a Truman-esque interrogation of the operation of the US jury system.


*Profanity warning.

Jul 04, 202318:07
The trials of Kathleen Folbigg: coincidence evidence under the spotlight (ft. Andrew Tiedt, Director and Principal, J Sutton Associates)

The trials of Kathleen Folbigg: coincidence evidence under the spotlight (ft. Andrew Tiedt, Director and Principal, J Sutton Associates)

Criminal law superstar, legal guru Andrew Tiedt rejoins David in the Curiosity Recording Room to walk through biggest news in criminal law - the Kathleen Folbigg release. Touching on how we're supposed to refer to Ms Folbigg with her convictions still in the balance, the next steps, and how and what an inquiry really does.

Jun 15, 202316:22
Getting it on… in a litigious sense: Marvin Gaye v. Ed Sheeran (ft. Connie Papos)

Getting it on… in a litigious sense: Marvin Gaye v. Ed Sheeran (ft. Connie Papos)

Superstar show regular Connie Papos rejoins David in the studio to provide cutting commentary on the outcome of the Gaye v. Sheeran copyright litigation. The key question for the court was whether Ed Sheeran copied Marvin Gaye's "Let's Get It On", in his track "Thinking Out Loud".

Jun 07, 202322:22
Hopelessly insolvent? An update on section 32B of the Building and Construction Industry Security of Payment Act 1999 (NSW) (ft. Michael Terry-Whitall, Chamberlains)

Hopelessly insolvent? An update on section 32B of the Building and Construction Industry Security of Payment Act 1999 (NSW) (ft. Michael Terry-Whitall, Chamberlains)

In this episode, special guest Chamberlains Director Michael Terry-Whitall joins host and insolvency geek David Turner in the Curiosity Recording Room to digest the ramifications of a recent decision of Ball J in the NSW Supreme Court answering the question of whether the SOPA still applies to a company which is hopelessly insolvent.

May 25, 202319:01
Season 2 Premiere! Djokovic Returns: how and why the world's greatest tennis star re-entered Australia (ft Marsha Bassily, MB Lawyers, & Alexander Ross Davis, Producer)

Season 2 Premiere! Djokovic Returns: how and why the world's greatest tennis star re-entered Australia (ft Marsha Bassily, MB Lawyers, & Alexander Ross Davis, Producer)

In the season 2 premiere, host David Turner is joined in the studio by returning tennis nut Producer Alexander Ross Davis and expert immigration lawyer Marsha Bassily from MB Lawyers. Touching on the triumphant return of deported Serbian tennis star Novak Djokovic, the how and why of his re-entry, and some of the year that was for the most controversial entry to Australia since Amber Heard smuggled in Pistol and Boo.

May 25, 202314:02
Sidebar Season 1 Finale (ft. David Turner, Alexander Ross Davis, Jacob Malby, & Connie Papos)

Sidebar Season 1 Finale (ft. David Turner, Alexander Ross Davis, Jacob Malby, & Connie Papos)

In this very special (and very temporary!) end to the first season of Sidebar, the whole team gathers around the mic to reflect on the legal year that was. With a look at some legal news that didn't make the season, favourite episodes, and some predictions about the legal year to come.


We'll be back very soon! Until then, thanks for listening!

Mar 23, 202323:43
Before ChatGPT there was DABUS; how should the law deal with artificial inventors? (ft. Alexander Ross Davis, Producer) (E3 Replay)

Before ChatGPT there was DABUS; how should the law deal with artificial inventors? (ft. Alexander Ross Davis, Producer) (E3 Replay)

What happens when an AI invents something? How does the law deal with AI inventors? 

In this early Sidebar replay, revisit David's fascination with creative machines and Ross' first fumbling attempt to co-host a podcast. 

Mar 16, 202317:38
Paths to practice: picking the “right” entry to the legal profession (ft. Aden Bates, Thoughtworks)

Paths to practice: picking the “right” entry to the legal profession (ft. Aden Bates, Thoughtworks)

Good friend of the podcast, Aden Bates, joins David in the studio to dissect the myriad of ways to enter the legal profession. Including who should take the well trodden road or the path less travelled - or even it there’s one “right” path at all.
Mar 10, 202321:19
The password cataclysm: digital evidence access orders (ft. Andrew Tiedt, Director and Principal, J Sutton Associates)

The password cataclysm: digital evidence access orders (ft. Andrew Tiedt, Director and Principal, J Sutton Associates)

Sidebar Superstar Andrew Tiedt returns to the podcast to break the digital evidence access orders code. Andrew reunites with host David Turner to decrypt the new NSW access laws, the passwords and pins the NSW police can compel you to reveal, and when and how the power can be used. 

Mar 03, 202312:20
The diligence equation: understanding the importance of due diligence in mergers and acquisitions (ft. Chris Cruikshank, Principal, Assured Legal Solutions)

The diligence equation: understanding the importance of due diligence in mergers and acquisitions (ft. Chris Cruikshank, Principal, Assured Legal Solutions)

Principal of Assured Legal Solutions, Chris Cruikshank, joins David in the studio to explore due diligence, touching on the importance of perspective and the stages of a transaction. 

Feb 24, 202315:16
Building Back Better: Bullying, discrimination and harassment in the remote working age (ft. Nicola Martin, Partner, Squire Patton Boggs)

Building Back Better: Bullying, discrimination and harassment in the remote working age (ft. Nicola Martin, Partner, Squire Patton Boggs)

David is rejoined by podcast favourite and employment law expert Nicola Martin from Squire Patton Boggs to chat all things bullying, discrimination and harassment as well as the myriad changes to the workplace brought about by remote work. 

Feb 09, 202312:25
We Interview ChatGPT About… Itself

We Interview ChatGPT About… Itself

In this episode, host David Turner interviews a unique guest... the ChatGPT AI. ChatGPT explains how it works, its limitations and how it can be used in the legal field. And you know that David couldn't pass up the opportunity to ask about the paper clip optimiser dilemma.

Oh, and it drafts us a script for the hottest new true crime television series. All this and more in the latest episode of Hearsay: Sidebar!

Jan 27, 202317:06
Suspect Evidence: The use and abuse of illegally or improperly obtained evidence in criminal proceedings (ft. Helen Christinson and Damien Mahon, Hugo Law Group)

Suspect Evidence: The use and abuse of illegally or improperly obtained evidence in criminal proceedings (ft. Helen Christinson and Damien Mahon, Hugo Law Group)

Rockstar criminal defenders Helen Christinson and Damien Mahon of east coast criminal defence firm Hugo Law Group join the podcast to investigate the curious case of illegally or improperly obtained evidence in criminal proceedings. Helen and Damien take David through the procedure for isolating and removing suspicious evidence and the reasons why it's important the state's case against an accused is above reproach. 

Jan 24, 202313:05
The Great Divide: Intergenerational wealth transfer through employee share schemes (ft. Craig West, CEO Succession Plus)

The Great Divide: Intergenerational wealth transfer through employee share schemes (ft. Craig West, CEO Succession Plus)

David is joined by Founder and CEO of Succession Plus, Craig West. An accountant by trade, Craig's passion is ensuring business leaders get the best out of their businesses while attracting, retaining, and investing in the next generation. The pair discuss leveraging employee share schemes in the legal profession. 

Jan 17, 202311:51
Name of Thrones: the musical chairs of celebrity trademarks

Name of Thrones: the musical chairs of celebrity trademarks

David is joined by lawyer and friend Kirti Kumar to murder pop culture references and dissect the constant battle of celebrities everywhere - trademark protection. Featuring Kylie vs. Kylie, Hailey Rhode Bieber vs. Rhode clothing, and a sneaky Paris Hilton catchphrase. 

Jan 04, 202326:05
The FTX Apocalypse: Recovering Digital Assets in a Crypto Collapse (ft. John Winter, CEO of ARITA)

The FTX Apocalypse: Recovering Digital Assets in a Crypto Collapse (ft. John Winter, CEO of ARITA)

David is joined by the CEO of the Australian Restructuring and Turnaround Association (ARITA) to investigate the collapse of the FTX and Digital Surge cryptocurrency trading platforms. The dynamic expert insolvency duo touch on the difficulties of a paperless insolvency - and the unlikelihood of diligent financial control from a beanbag. 

Dec 22, 202209:27
The times are a-changin': behavioural economics for lawyers (ft. Alex Gyani of the Behavioural Insights Team)

The times are a-changin': behavioural economics for lawyers (ft. Alex Gyani of the Behavioural Insights Team)

Alex Gyani of the Behavioural Insights Team joins Sidebar's David Turner for this peek into the future of interdisciplinary legal practice. Alex and David discuss the foundations of the behavioural economics discipline and the means and methodologies of understanding and changing behaviour. 

Dec 14, 202216:49
Forced Perspective: Danny Lim and the Reasonable Use of Force (with guest Andrew Tiedt)

Forced Perspective: Danny Lim and the Reasonable Use of Force (with guest Andrew Tiedt)

Sidebar's affable host, David Turner, speaks with special guest criminal lawyer Andrew Tiedt from J Sutton Associates about that arrest. You know, the one which stopped Sydney. Touching on the indomitable Danny Lim, offensive language, enclosed premises and the reasonable use of force. 

Dec 09, 202212:24
Remixing Ignition: Separating the art from the artist (ft. R Kelly and JK Rowling)

Remixing Ignition: Separating the art from the artist (ft. R Kelly and JK Rowling)

Back by popular demand, superstar lawyer, Johnny Depp watcher, and podcaster Constantina Papos returns to the mic alongside Sidebar's David Turner. In this episode the pair discuss the thorny question of whether it's okay to enjoy the art of an artist convicted of a crime or, less seriously, where you disagree with an artist's views. 

Nov 21, 202227:29
The Secrets of an Investigation & the Peculiar Case of Evolution Supplements (ft. Tristan Dimmock from the TGA)

The Secrets of an Investigation & the Peculiar Case of Evolution Supplements (ft. Tristan Dimmock from the TGA)

In this episode, Hearsay host David talks with Tristan Dimmock from the Therapeutic Goods Administration about a particularly strange case that Tristan was at the helm of. Who does the TGA work with during these investigations? Who are Evolution Supplements? What did they do wrong? What lengths did they go to to hide it? And, finally, how did Tristan solve the mystery? Find out the answers to these questions and many more in this episode of Hearsay: Sidebar.

Nov 04, 202219:59
A few good notes: the dilemma of copying and sampling popular music

A few good notes: the dilemma of copying and sampling popular music

In this episode, the Hearsay team talks about the dilemma of modern music, the few remaining combinations of notes, and when Men at Work, Ed Sheeran, Katy Perry, and Mariah Carey may have gotten it wrong. Featuring Host David Turner and Legal Researcher Jacob Malby, Sidebar takes a lighthearted look at copyright claims in Australia and the United States. 

Oct 21, 202223:07
Legal dramas - fact or fiction? Dissecting Australia's smash hit legal drama The Twelve

Legal dramas - fact or fiction? Dissecting Australia's smash hit legal drama The Twelve

Here be spoilers! Host David Turner and Lext Australia Co-founder Nicola Cosgrove dissect The Twelve. Touching on jury empanelment in Australia compared to the United States, and the impact of exposure US legal shows on perceptions of Australia's legal system. 

Sep 16, 202227:15
The shot avoided around the world: Djokovic vs Australia

The shot avoided around the world: Djokovic vs Australia

In this episode, Host David Turner and tennis fanatic turned Producer Ross discuss the ins-and-outs of Novak Djokovic's deportation from Australia in January, and recent prohibition on entry to the United States. Touching on the powers of the Minister for Immigration, Citizenship, and Multicultural Affairs and their delegates, the Burmuda triangle, and the substance vs the appearance of justice. 

Sep 09, 202219:49
The pitfalls of influencer marketing

The pitfalls of influencer marketing

Host David Turner is joined by Sales Consultant Sophie Yeh to talk the ins-and-outs of influencer marketing. Including the problems with the hashtag sponsored declaration for both the principle brand and the influencer, and the dangers of virtual influencers.

Aug 12, 202218:59
The Laws of War - Cyber Warfare

The Laws of War - Cyber Warfare

In this episode, the Hearsay team talks about international humanitarian law - the jus in bello (or, 'the law of war') and how they apply to cyber incidents. When a state attacks the digital infrastructure of another country, when is it considered a cyber attack? Why does it matter? And how did a USB drive ruin Iran's nuclear program?

Jul 04, 202220:36
Dr Thaler's AI pet: patent creator or merely created?

Dr Thaler's AI pet: patent creator or merely created?

Host David Turner is joined by Producer Ross Davis to talk about inventorship in the artificial intelligence age. What happens when AI creates intellectual property? Can creative machines be recognised as inventors in Australia? And what the hell is DABUS? Find the case at Commissioner of Patents v Thaler [2022] FCAFC 62. 

Jun 17, 202217:10
The Defamation Game

The Defamation Game

In this episode, the Hearsay team discusses why defamation is so common in Australia.

Especially when compared to other common law jurisdictions such as the United Kingdom and United States. And why are Australian politicians such as Peter Dutton, John Barilaro, and Christian Porter resorting to defamation actions in our courts?

Jun 03, 202218:48
Depp v. Heard - Hearsay and Hashtags

Depp v. Heard - Hearsay and Hashtags

In this episode, the Hearsay team talks about Johnny Depp's defamation action against Amber Heard, and Ms. Heard's counterclaim against him.  Why is this case so enthralling?  What's going on with all those hearsay objections?  And, who wins - or does everybody lose?

May 20, 202231:09
Hearsay the Legal Podcast preview - Springing into (Derivative) Action – Derivative Actions under the Corporations Act 2001 (Cth) with James d'Apice

Hearsay the Legal Podcast preview - Springing into (Derivative) Action – Derivative Actions under the Corporations Act 2001 (Cth) with James d'Apice

Sidebar listeners, check out this preview episode of Hearsay the Legal Podcast!  If you enjoy it, sign up for a subscription over at htlp.com.au  and start earning your legal CPD points on the go, listening to entertaining interviews with leaders in the legal profession.

In this episode, James d'Apice from Chamberlains joins us to talk about 'derivative actions' - when shareholders want to take action against a director or a third party on behalf of a company.  We talk about how shareholders can bring legal action on a company’s behalf and the potential risks of litigating in this way.

May 20, 202256:02
Hearsay the Legal Podcast preview - Organisational development and managing change with Milena Milojevic

Hearsay the Legal Podcast preview - Organisational development and managing change with Milena Milojevic

Sidebar listeners, check out this preview episode of Hearsay the Legal Podcast!  If you enjoy it, sign up for a subscription over at htlp.com.au and start earning legal CPD points on the go, listening to entertaining interviews with leaders in the legal profession.

In this episode, Milena Milojevic joins us on the show to talk about organisational development and the impact it has on employee engagement, motivation, managing change and leadership.

May 20, 202248:48
Hearsay the Legal Podcast preview - Managing Data Breaches and Cyber Incidents with Reece Corbett-Wilkins

Hearsay the Legal Podcast preview - Managing Data Breaches and Cyber Incidents with Reece Corbett-Wilkins

Sidebar listeners, check out this preview episode of Hearsay the Legal Podcast!  If you enjoy it, sign up for a subscription over at htlp.com.au and start earning legal CPD points on the go, listening to entertaining interviews with leaders in the legal profession.

In this episode, Reece Corbett-Wilkins, partner at Clyde & Co, joins us to talk about the interdisciplinary first response to data breaches, and privacy law tips to minimise the impact of potential breaches.

May 20, 202256:39