The "Liberato" project
What you'll learn
CPD areas: Ethics & professional responsibility; Substantive law
Child and adult sexual assault in Australia are prevalent. Despite this, conviction rates for sex offences remain low. Few reported cases even make it to the justice system. Studies and inquiries have recommended change to sexual assault laws to address the sexual offence “justice gap”. Various legislative amendments have attempted to make the system fairer for victims and the community. Despite this, juries are still given powerful common law directions — many formulated decades ago — that they must apply to the evidence. The “Liberato Direction” is routinely given when the accused gives a denial. It applies both to accounts that are tested via cross-examination in court, or are untested, generally in the form of police interviews played in the Crown case.
This presentation contends that the Liberato Direction elevates fairness to the accused above fairness to complainants and the community. This webinar proposes an alternative Direction, modelled on one recently approved at appellate level in Victoria. The alternative Direction would enshrine the presumption of innocence, but ameliorate the unfairness of the second limb of the current Liberato Direction. A further Direction is also recommended on the weight to be given an accused’s untested account.
Once enrolled, you will be provided a link to the recording and can watch on demand from Thursday 30 April 2026.
Presenter: Ms Sara Jane Gul
2026/27 Criminal Law
CPD Series
This webinar is part of the 2026/27 Criminal Law CPD Series features eight recorded webinars led by experts from the University of Sydney and the legal profession.
The webinars share practical knowledge and experience, as well as the latest developments to enhance your expertise while meeting CPD requirements. You'll have the flexibility to access the content at your convenience, allowing you to engage at your own pace from any location at any time.
Enrolment options include:
- Enrol in individual webinars*
- Enrol in the entire series at a 27% saving compared to enrolling in webinars individually*
- Enrol in 5 or more webinars to receive a 10% discount
University of Sydney alumni and staff are eligible to receive a further 10% discount.
See the SeriesCPD accreditation
Information for lawyers and barristers
If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per webinar or 12 units for the full series. Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation.
This course is designed for lawyers and barristers aiming to meet their annual Continuing Professional Development (CPD) requirements. It's also suitable for anyone interested in staying informed about the latest developments in criminal law.
This is a pre-recorded online webinar. Once enrolled, you will be provided a link to the recording and can watch on demand from Thursday, 27 February 2025.
Materials
All course materials are delivered online via a video link and password provided by email at the time of enrolment.
Software
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All courses must be paid in advance of commencing your course. We accept the following payment methods:
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- American Express (only available for enrolments made through the Sydney Short Courses website)
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- Journal Transfer (for University of Sydney Staff only)
Please see our Payment Options for further information.
I have enrolled in a Sydney Short Courses course, what happens now?
Once your enrolment has been processed, you will receive the following emails:
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For some courses, you may also recieve the following:
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- Online session links: you will receive reminder emails the day before and the day of each live session containing the meeting link and meeting ID.
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