The Full Court of the Federal Court of Australia has handed down its long-awaited decision in Giggle for Girls Pty Ltd v Tickle [2026] FCAFC 64 (15 May 2026). I commented on the trial decision in this case in an
Law and Religion Australia
Law and Religion Australia, published by Neil Foster, focuses on the intersection of legal issues and religious beliefs within the Australian context. The blog covers topics such as religious freedom in healthcare and aged care, including debates on voluntary assisted dying and faith-based institutions' rights. It addresses employment law matters related to religious schools, particularly concerning gender identity and discrimination laws. The blog also discusses legal scholarship and developments in law and religion, including reviews of relevant academic journals and books. Additionally, it examines cases involving vilification laws, especially those concerning transgender individuals, and explores the balance between religious doctrines and anti-discrimination legislation.
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Latest from Law and Religion Australia
Australian Journal of Law and Religion- vol 7
By Neilfoster
The latest volume of the Australian Journal of Law and Religion has been published (and is freely available online here.) The Table of Contents is below- always worth reading! In particular I would like to commend the prize-winning essay by Jacob…
The Reality of Biological Sex in Law- one step closer
By Neilfoster
One of the deeply contested issues in Western societies at the moment is whether the law recognises the reality of biological sex. This is not only a question for faith groups, but it is one that most religious traditions regard…
Evidence for the resurrection of Jesus- papers
By Neilfoster
Following my previous post, here is the paper I am presenting on evaluation of the evidence for the resurrection of Jesus applying principles of the law of evidence applied in the courts:
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A LEAP IN THE DARK? EVALUATING THE EVIDENCE
By Neilfoster
At Easter time each year, there is the inevitable news story querying the resurrection of Jesus. Does it really matter whether Jesus rose from the dead? And just how much weight can be placed on the evidentiary material in the…
Strict liability for abuse committed by non-employees: the AA case
By Neilfoster
The High Court of Australia handed down a significant decision last week in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 (11 Feb 2026). The decision expands the strict liability of…
New federal hate speech laws- impact on religious freedom?
By Neilfoster
After the dreadful terrorist incident at Bondi on December 14 2025, where 15 folk from the Jewish community were murdered, the Federal government has introduced new “hate speech” laws at the national level. Whenever there is a proposal to target…
Football and “transgender vilification”- the Kirralie Smith cases
By Neilfoster
I have written previously about litigation involving Kirralie Smith stemming from her comments about a biological male playing in a womens’ football team. In that post I noted the decision in the NSW Civil and Administrative Tribunal (“NCAT”) in Blanch…
Australian Christian Legal Convention 2026
By Neilfoster
Christian lawyers and others connected to the legal profession will be gathering in Melbourne on 13-14 March 2026 for the Fourth Australian Christian Legal Convention. I hope to join them, and would love to see lots of others come…
Unfair Gig Economy? Unexpected Generosity – Newcastle City Legal Breakfast event
By Neilfoster
You may have come across some shocking examples of worker exploitation in Australia’s “gig economy”, but you’ve probably never heard of an employer’s unexpected generosity causing resentment amongst their workers. Come along to Newcastle City Legal on Wed 3 Dec to hear Dave…