by Chris Merritt | Jun 24, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
Sometimes the law moves in mysterious ways – so mysterious that nobody has any idea what was going on inside a judge’s head. This is such a case. Normally, when judges make important decisions, they hand down judgments outlining their reasoning so everyone can see,...
by Chris Merritt | Jun 12, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
Just over three years ago when Ian Jackman was welcomed to the bench of the Federal Court his remarks that day provided a hint of what was to come. He recalled how much he had learned when he was an associate to Bill Gummow, who at the time was a judge of the Federal...
by Chris Merritt | Jun 5, 2026 | Chris Merritt, Commentary, Freedom of Speech, Media Article, Rule of Law Issue
From a rule of law perspective, vague laws of the kind that are increasingly popular in Canberra are worse than no law at all. They harm the innocent by failing to provide adequate warning against conduct that can incur liability. They open the door to arbitrary...
by Chris Merritt | May 7, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
When Ben Roberts-Smith eventually faces his war crimes trial in Sydney, four other former soldiers could be in for a nasty surprise. They have been given immunity from prosecution in return for giving evidence they were complicit, with Roberts-Smith, in unlawful...
by Chris Merritt | Apr 24, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
The real lesson from the Ben Roberts-Smith case is now apparent: this country’s flawed attempt to deal with war crimes has demolished the idea that everyone in the military is accountable to the law. The goal of dealing with war crimes through the civilian justice...
by Chris Merritt | Apr 9, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
This country needs to come to terms with the fact that there is a real risk that Ben Roberts-Smith will not be given a fair trial. This would be the worst possible outcome – far worse than having a decorated former soldier convicted on five charges of war crime...
