Case In Point

#16 - Tickle v Giggle: The App With An Identity Crisis.

A social media app built exclusively for women uses facial recognition to screen its users. When a transgender woman is kicked off, she takes the company to federal court. In this episode, we unpack the case that's forcing Australia to answer a contentious question: who counts as a woman under the law? Case: Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64 [https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2026/2026fcafc0064] Guest: Paula Gerber [https://research.monash.edu/en/persons/paula-gerber/], Professor of Law, Monash University Hosts: Melissa Castan, Professor of Law, Monash University James Pattison Further Reading: * Sex, Gender & Identity: Trans Rights in Australia [https://publishing.monash.edu/product/sex-gender-and-identity/] by Paula Gerber (Monash University Publishing, 2025) * Why the Giggle for Girls v Tickle judgement is good for trans rights and women’s rights [https://www.abc.net.au/religion/giggle-for-girls-v-tickle-judgement-good-trans-womens-rights/106694548] by Paula Gerber (ABC, May 2026) * Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960 [https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0960]

#15 - Is This the End of the U.S. Free Press?

The award-winning journalist behind the podcast S-Town, Brian Reed, says a civil-rights era US Supreme Court decision that protects journalists is under threat. Brian tells the story of the landmark press freedom case of New York Times v. Sullivan (1964). What it made possible? And what happens to journalism in the US if it falls now? Guest:  * Brian Reed, host of Question Everything and S-Town Case:  * New York Times v. Sullivan (376 U.S. 254) (1964) [https://en.wikisource.org/wiki/New_York_Times_v._Sullivan_(376_U.S._254)/Opinion_of_the_Court] Co-Hosts:  * Melissa Castan, Professor of Law, Monash University  * James Pattison Brian's podcasts: * S-Town [https://open.spotify.com/show/1KPTM79Wn9vkWX0UoMYyrd] (Serial Productions / New York Times) * The Trojan Horse Affair [https://open.spotify.com/show/2isrOkJ401yfYNVDEhtdey] (Serial Productions / New York Times) * Question Everything [https://open.spotify.com/show/2sNXpacDEWehQlVUFIyvBJ] (Placement Theory)

#14 - The Rise of Sovereign Citizens and Pseudo-Law.

You've probably seen sovereign citizen videos on social media. People reciting weird incantations to get out of traffic stops and court appearances, spouting words that sound like legalese but are actually nonsense.  This stuff is darkly funny. But it's having real consequences for our legal system and for social cohesion. In Western Australia in 2022 a suburban Magistrate asked a simple question of a defendant: Are you this person?  The interaction kicked off a legal drama that ended up in the Supreme Court. The decision could provide a solution to the growing problem of sovereign citizens and pseudolaw adherents. Case:  KELLY v FIANDER [2023] WASC 187  [https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC/2023/187.html?context=1;query=kelly%20v%20fiander;mask_path=] Guest:  Joe McIntyre [https://researchers.adelaide.edu.au/profile/joe.mcintyre], Associate Professor of Law, Adelaide University Hosts:  Melissa Castan, Professor of Law, Monash University James Pattison Further Reading: The Strawman Trap: Non-Appearance and the Pitfalls of Pseudolaw, Joe Mcintyre, Harry Hobbs, Stephen Young (2025) 99 ALJ 319 🎙️ Case In Point is produced by MINIATURE [https://www.miniaturecreative.com.au/]. Start your expert-led podcast today 👉 www.miniaturecreative.com.au [https://open.acast.com/networks/69e74bfe738b0d0aa59e6cf4/shows/69e74e7c07ecece42a32f22c/www.miniaturecreative.com.au]

#13 - Space: The Next Frontier for Court Cases.

With Artemis II safely back on Earth, we turn our eyes to the skies above. What is the Moon Agreement? Did Sandra Bullock breach the law in the movie 'Gravity'? Who is legally responsible when someone is injured by a falling satellite? Guest: Professor Melissa de Zwart, Andy Thomas Centre for Space Resources, University of Adelaide. Hosts: Professor Melissa Castan, Monash University & James Pattison. 🎙️ Case In Point is produced by MINIATURE [https://www.miniaturecreative.com.au/]. Start your expert-led podcast today 👉 www.miniaturecreative.com.au [https://open.acast.com/networks/69e74bfe738b0d0aa59e6cf4/shows/69e74e7c07ecece42a32f22c/www.miniaturecreative.com.au]

#12 - What Happens When a Stateless Person is Also a Serious Offender?

In 2023, the High Court told the Australian government it couldn't lock people up forever in immigration detention. This was a constitutional bombshell that led to political panic, and the fallout is ongoing. Guest: Professor Luke Beck, Monash University. Cases * NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCA 37 [https://www.hcourt.gov.au/cases-and-judgments/cases/decided/case-s282023] * Al-Kateb v Godwin [2004] HCA 37 [https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/al-kateb-v-godwin] * YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40 [https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/ybfz-v-minister-immigration-citizenship-and-multicultural-affairs] * EGH19 v Commonwealth of Australia [2026] HCA 7 [https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/egh19-v-commonwealth-australia] Update: Australia’s high court orders ankle bracelets be removed and curfews end for 43 former immigration detainees [https://www.theguardian.com/australia-news/2026/mar/18/high-court-orders-ankle-bracelets-be-removed-and-curfews-to-end-for-43-former-immigration-detainees-ntwnfb] 🎙️ Case In Point is produced by MINIATURE [https://www.miniaturecreative.com.au/]. Start your expert-led podcast today 👉 www.miniaturecreative.com.au [https://open.acast.com/networks/69e74bfe738b0d0aa59e6cf4/shows/69e74e7c07ecece42a32f22c/www.miniaturecreative.com.au]