Former Test cricketer Michael Slater has been labelled a "domestic abuser" by a magistrate who found his violent offending against an ex-partner couldn't be dismissed on mental health grounds.

The 52-year-old, who played 74 matches in the baggy green, was convicted on Wednesday of common assault, breaching a restraining order and two other offences against a woman between April and September.

He first accused the woman of being unfaithful, tried to grab her phone, grabbed her instead and later threatened to self-harm.

READ MORE: Large pod of orcas sink sailboat off Portugal

Despite a restraining order, Slater tried to contact her more than 100 times, including on Whatsapp.

His speech was noticeably slurred at times.

Slater applied to have the matters dealt with under a mental health plan, as another court allowed in April for separate offending.

But magistrate Robyn Denes said the offending involved noted aspects of domestic violence crimes: accusations of infidelity, demands to see phones, restrictions on who the woman could meet and speak to and threats of self-harm.

"It's all controlling behaviours," she said.

"Threats of self-harm can be viewed as controlling and intimidating conduct, making the other person responsible for the acts of the offender."

Having thrown out the mental health application, Denes also dismissed an argument to spare Slater a conviction.

"I have not seen any indication (in the tendered material) that what he was doing was being a domestic abuser," the Manly magistrate said.

"In light of that, a conviction is required and would be expected by the community."

READ MORE: The rise of tracker device stalking

Slater was convicted of the four offences and placed on two-year good behaviour bonds.

The restraining order was made final, banning Slater from, among other things, trying to find his former partner in the next two years.

John Agius SC had argued Slater's recent diagnosis treatment for bipolar disorder, adding to various other mental impairments, meant the charges could be dismissed on mental health grounds.

"He should be given one more chance because his bipolar disorder had not been diagnosed at that time," Agius said.

Slater has been a voluntary inpatient at Sydney's Northern Beaches Hospital or one of two rehabilitation centres almost every day since April.

Denes agreed to dismiss three other charges on mental health grounds, stemming from a "quite unique" incident at Northern Beaches Hospital in July.

Slater assaulted a fellow patient who was goading him, the court was told.

The former cricketer played in 74 Tests for Australia, scoring 5312 runs at an average of 42.83 after making his debut during the 1993 Ashes tour of England.

He also played 42 one-day internationals before retiring from major cricket in 2004 and embarking on a successful commentary career with Nine and Seven networks.

Readers seeking support can contact Lifeline on 13 11 14 or beyond blue on 1300 22 463

If you or someone you know is impacted by domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.

A dazzling display of extremely rare pink auroras transformed the skies above Norway, and one lucky photographer was able to capture the sight.

A tour group led by Markus Varik, a northern lights tour guide with the Greenlander tour company, had front row seats for the display on November 2.

The mesmerising lights were sparked by a solar storm that ripped temporary holes in the earth's magnetic field.

READ MORE: Large pod of orcas sink sailboat off Portugal

"Tonight's Northern Lights didn't even look like Northern Lights," Varik wrote on his Facebook page.

"The strongest pink/purple I have ever seen.

"We were very lucky to witness it.

"Incredible thing about this nitrogen-fuelled purple is, it looks the same to the naked eyes compared to the green, which is almost always stronger inside the camera."

READ MORE: The rise of tracker device stalking

Australia has it's own version of the light show called the southern lights, or Aurora Australis.

The best place to see the colourful light display is in the south of Tasmania.

Prime Minister Anthony Albanese has confirmed he is one of millions of Australian Medibank customers potentially caught up in the latest cyberattack, but has backed the insurer's stance not to pay a ransom.

Speaking to reporters this morning, Albanese said he was well aware of how concerning it was that hackers could hold the intimate medical details of customers.

"This is really tough for people. I am a Medibank Private customer as well and it will be of concern that some of this information has been put out there," he said.

READ MORE: Suspected Medibank hacker starts releasing customer data

"Can I say this, though? The company has followed the guidelines effectively.

"The advice is to not engage in a ransom payment.

"If you go down this road, then you end up with more difficulties potentially across a wider range."

It is not currently known which specific customers are implicated in the hack, including the prime minister.

Medibank said it expects the intimate medical details of more Australian customers to be published on the dark web as the criminals responsible for the latest cyberattack attempt to ramp up pressure on the insurer.

This morning it was revealed a sample of customer data – including names, addresses, dates of birth, phone numbers and email addresses – was posted online on the dark web.

In some cases, passport numbers of international students signed up to Medibank Group's partner business ahm were also published.

"The files appear to be a sample of the data that we earlier determined was accessed by the criminal," Medibank said in an update.

"We will continue to work around the clock to inform customers of what data we believe has been stolen and any of their data included in the files on the dark web and provide advice on what customers should do.

"We expect the criminal to continue to release files on the dark web."

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Yesterday the criminal purporting to be behind the attack issued an ultimatum to the insurer, requesting a ransom be paid or all data would be published within 24 hours.

The AFP has also expanded Operation Guardian – originally established to deal with the Optus hack – to include customers of Medibank.

Medibank's CEO David Koczkar has publicly said the insurer will not pay a ransom.

"We believe there is only a limited chance paying a ransom would ensure the return of our customers' data and prevent it from being published," he said on Monday.

"In fact, paying could have the opposite effect and encourage the criminal to directly extort our customers, and there is a strong chance that paying puts more people in harm's way by making Australia a bigger target.

"It is for these reasons we have decided we will not pay a ransom for this event."

READ MORE: Robin had never been with Optus, so how did she get hacked?

Medibank has written to customers again, warning them that the criminal could attempt to contact customers directly.

Koczkar apologised to customers and said Medibank would support those affected by the hack.

"We unreservedly apologise to our customers," he said.

"This is a criminal act designed to harm our customers and cause distress.

"We take seriously our responsibility to safeguard our customers and we stand ready to support them."

If you are a victim of cybercrime, you can report it at ReportCyber on the Australian Cyber Security Centre website. To report a scam, go to ScamWatch. If you believe you are at physical risk, please call emergency services (000) immediately.

Customers can also contact Medibank via its contact centre team (13 23 31 for Medibank and international customers, 13 42 46 for ahm customers and 1800 081 245 for My Home Hospital patients).

A young woman accused of killing her older sister in a hit-and-run in Melbourne has been granted bail.

It is alleged Asyai Luk, 22, and her older sister, 24, had been arguing in Sunshine when the fight turned physical.

Luk, a learner driver, is accused of being behind the wheel of an SUV which dragged her older sister along the road before crushing her against a parked car.

READ MORE: Melbourne woman charged after older sister dies in crash

Luk then allegedly drove from the scene.

Her sister was taken to the Royal Melbourne Hospital with head injuries and later died.

Luk was charged with dangerous driving occasioning death, failing to stop and failing to render assistance yesterday.

Today she was granted strict bail conditions which include reporting to police and not driving a car.

Orcas have destroyed another sailboat off the coast of Portugal, forcing four crew members to abandon ship, the latest incident in a spate of "scary" encounters.

Video filmed inside the French-crewed vessel, the Smousse, revealed the boat took on a large amount of water after the apex predators "cracked" its hull.

The vessel sunk to its watery grave off the port of Viana do Castle last week.

READ MORE: Aussie woman's bank account drained after meeting man on dating site

Video shows the moment one of the crew members put out a distress call for assistance.

Authorities are heard asking, "how much water do you have?", before the camera pans around to reveal the inundated vessel.

A statement from Portugal's National Maritime Authority confirmed the Smousse sank on November 1 "after an alleged interaction with orcas".

READ MORE: Robin was never an Optus customer, how did she become a hack victim?

"Upon arrival at the site, it was found that the four crew members had been rescued by a sailboat that was nearby, and they were in good physical condition and did not need medical assistance," the statement read.

"The injured sailboat ended up sinking, and the crew of the Viana do Castelo Lifeguard Station proceeded to collect various wreckage, and no source of pollution was detected at the site."

The encounter comes months after orcas sank a separate vessel off the Sines.

Five people fled into a life raft, from where they were later rescued.

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Orcas swarm boat in '10 seconds'

French sailor Yann Krzemien had his own encounter with a pair of orcas off Peniche in early July.

He opened up to 9news.com.au about the "scary encounter".

Krzemien was cooking when he and his crew spied a large dorsal fin break the surface "about 100 metres" from their catamaran.

"I asked my crew if the orcas were coming and they said 'yes','' he said.

"Maybe five or 10 seconds later they did the first 'ping', against the rudder.

"It was very fast, scary."

READ MORE: Scientists think they know why orcas are ramming boats

Thinking on his feet, Krzemien stopped the boat, dropped the vessel's sails, turned off the echo sounder, and contacted the coast guard just in case things took a turn.

For over 45 minutes, the orcas made passes along and under the boat, paying particular attention to the rudder.

"At the beginning, I was frightened because I thought they broke something on the hull," Krzemien said.

"(But) they were eating the rudder, quite softly … I realised they were not going to break anything.

"They were very calm, not aggressive.

"For me, it was like they were playing with the rudder.

"It was like a Chupa Chups for them."

Biologists hold different theories as to why orcas seem to be targeting boats off Portugal, with some suggesting it could be territorial or play behaviour.

Alfredo López, a biology professor at the Coordinator for the Study of Marine Mammals, previously said the animals were taking "precautionary" steps to protect themselves.

"It's not revenge. They're just acting out as a precautionary measure," he told Spanish newspaper El Pais, adding the attacks did not appear premeditated.

Krzemien said people taking to Portugal's waters shouldn't be afraid, "just aware" they are sharing the water with smart, large animals.

Kimberly Scroop had finished a workout at her local gym and was driving home when the strange alert first pinged her iPhone.

"AirTag detected near you," the notification read.

The message was odd, because the 28-year-old didn't own an Apple AirTag.

Scroop was rattled.

It was 10.30pm and she'd nearly reached her Arizona apartment, where she lived alone.

She knew what an AirTag was, a Bluetooth-enabled device no bigger than a 20 cent piece that can track an object's location.

But there was no good reason for it to be pinging her phone.

"So I screenshotted it and I dismissed it," Scroop told 9news.com.au.

But when she got inside her apartment, and the alert flashed up again, a growing sense of panic kicked in.

"I started going through my stuff," she said.

Scroop rifled through her gym bag. She checked the pockets of her clothing. She pulled the soles out from her shoes.

"I was … just trying to check anywhere really that it could be, because it's small and it's magnetic. So I was checking everywhere."

Emptyhanded, she went downstairs and began "tearing my car apart".

When the search yielded nothing, she called her stepdad and asked him what to do.

"He didn't know what they were. So he was like, 'It can't be like that big of a deal'," she said.

"And I was like, 'No, you don't understand, this is terrifying'.

"I was trying to tell him how serious it was.

"It was really scary."

Scroop kept looking, but eventually, she gave up.

The next morning she went straight to the local police station.

She explained what had happened and showed an officer the notifications, but they told her no crime had been committed and that nothing illegal was going on.

"Because I didn't know who did it … when it was put on me or where it was, they couldn't do anything for me, basically," she said.

Scroop said the officer at the front desk asked her what they expected her to do, given she couldn't tell them anything more about the device or its notification.

"It was just A1 policing."

Exasperated, Scroop left and drove to a tyre workshop.

A helpful mechanic looked under the rims and searched the car but found nothing.

Scroop is just one of an increasing number of women, and celebrities, to be stalked with Apple's AirTag or the less well-known Android tracking devices.

Launched by Apple last year, the AirTags were meant to help users keep track of their keys, wallet and other essentials.

An AirTag costs $45.

Samsung does not sell the Galaxy SmartTag in Australia, but it can be bought on Amazon for just $41.

Tile sells its Bluetooth tracker for $39.95.

This year, because of airport chaos around the globe, Bluetooth tracking devices like the AirTag have ridden a wave of popularity as they helped countless passengers find their missing luggage.

But the technology, which is undoubtedly helpful, can also very easily be misused by nefarious predators and abusive partners.

Misuse in Australia is in a very nascent stage.

But police and domestic violence organisations have told 9news.com.au that cases of tracker device stalking are on the rise.

Their fears have been detailed in this special three-part investigation.

Stalker 'can watch my every move'

Several international celebrities and models who have been targeted and stalked have tried to raise awareness of the issue, and just how unsettlingly easy it has been for offenders to ambush them, as Scroop was.

Earlier this year, 26-year-old Sports Illustrated model Brooks Nader claimed a stranger slipped an Apple AirTag tracker into her coat pocket and followed her for five hours.

Posting to Instagram, Nader explained how she had visited a few crowded bars, and had at some time hung her coat on the back of her chair.

Later, while walking home alone at 11:30pm, she received an AirTag notification warning her an accessory had been detected on her.

Nader's experience highlighted just how vulnerable a victim can be.

Love Island UK star Maria Wild told her Instagram followers how her iPhone had alerted there was an AirTag tracking her location, and it had exposed her exact home address.

Like Scroop, Wild couldn't find the device and called police for help.

"I got into my car to drive home at 2.30am last night and someone had put a tracker on my car," she said.

"My phone notified me of this but by the time I realised what was going on I had driven to my home address, which would be visible to the owner of the device.

"So scary to know someone now knows my home address, and can watch my every move."

In June, Los Angeles-based Irish actress Hannah Rose May recounted how she had been at an after-hours event at Disneyland, from 11:45pm to 2am.

Before she jumped in her car to head home, she got the unexpected AirTag notification, similar to the way Scroop was ambushed by the alert.

"Someone had been tracking me for two hours," she wrote on Twitter.

Airtags are the size of a coin, she said.

"It's scary how easy they are to slip into a pocket or purse.

"The happiest place on earth could of very easily turned into my worst nightmare."

EXPLAINED: What to do if you have been hacked

https://twitter.com/Hannahrosemay_/status/1541606550413778944?ref_src=twsrc%5Etfwhttps://twitter.com/Hannahrosemay_/status/1541606558739488768?ref_src=twsrc%5Etfw

Detective Inspector Boris Buick from Victoria's Cybercrime Squad said anyone who thinks they are being stalked with a tracking device should report it to police.

"Abusive behaviour, which includes using technology to evoke fear and control over victims is unacceptable," he told 9news.com.au.

So far there had been "low numbers" of reported cases, he said.

The eSafety Commissioner said although Apple had taken steps to build-in safety features into the design of AirTags, it was "not surprising" that tracking devices were being "weaponised" by stalkers or perpetrators of abuse.

Commissioner Julie Inman Grant said research showed technology-facilitated abuse (TFA) is a "widespread and serious problem" in Australia.

"We know that TFA by a current or former partner is almost ubiquitous in family and domestic violence situations, as an extension of surveillance, coercion and control."

Using tech to monitor or cyber leash a partner is a "red flag" for physical violence, Inman Grant said, while warning that perpetrators who choose to commit domestic abuse will exploit any available technology.

"It is important to be aware of the risk posed by any device that has tracking abilities," she said.

"Tracking devices can be small and easily hidden, and reveal a lot about daily patterns, such as where someone exercises or when they leave the house.

"The most important piece of advice – particularly if someone is concerned about being tracked – is to disable location services on all devices and be wary of any tracking items hidden in objects."

READ MORE: Suspected Medibank hacker releases sample of customer data

Shaken up and switching up

Scroop never did find the device or solve the mystery of who was stalking her.

She has since moved to San Diego from Arizona, which has helped set her mind at ease.

But in the aftermath of what happened, she was seriously rattled for some time.

"I was shaken up," Scroop said.

She made small changes, like not posting on Snapchat stories, switching up the places she would buy her coffee and delaying social media posts which could have identified she was in a particular location at a given time.

She also made big changes, like buying a new car and changing gyms.

"I didn't have any suspects necessarily, no ex-boyfriends or anything like that, that I thought would do anything like that.

"The best I could imagine is somebody put it on my car when I was in a parking lot, maybe at the grocery store or at the gym."

Scroop said she is worried that the laws haven't caught up with technology.

"I feel like we need to do something about that."

On its website, Apple noted it had seen "reports of bad actors" using the AirTag for "malicious or criminal purposes".

"Based on our knowledge and on discussions with law enforcement, incidents of AirTag misuse are rare; however, each instance is one too many," the company's website said.

Apple has been working closely with safety groups and law enforcement agencies.

"Through our own evaluations and these discussions, we have identified even more ways we can update AirTag safety warnings and help guard against further unwanted tracking," the website said.

Apple declined to comment when it was contacted by 9news.com.au

A Tile spokesperson told 9news.com.au it offers a feature on its downloaded app which can detect unknown Tiles, however it acknowledged the limitations of such specific actions.

"To solve the broader issue of stalking at scale, there must be an industry-wide solution built within the platform to take the onus off the consumer," the spokesperson said.

"We welcome the opportunity to collaborate with other companies and are working to engage in those conversations."

If you are the target of abuse, please don't try to handle it alone. If you are feeling unsafe contact police on 000 or call 1800RESPECT (1800 737 732).

The eSafety Women portal has resources to help and address technology-facilitated abuse at: www.eSafety.gov.au/women

A Nigerian social media influencer who flaunted a lavish lifestyle of private jets and luxury cars has been sentenced to 11 years in prison over charges related to a multimillion dollar scam that targeted companies in the United States and overseas.

Ramon Abbas, known to his millions of Instagram followers as Ray Hushpuppi, pleaded guilty in April last year to conspiracy to engage in money laundering. In addition to the prison sentence handed down on Monday, United States District Judge Otis D. Wright II ordered him to pay A$2.6 million in restitution to two fraud victims.

It is a spectacular downfall for Abbas, 40, whose June 2020 arrest at his gilded perch in Dubai made headlines worldwide. Before his sentencing, Abbas was held in federal detention in Los Angeles, his once flamboyant social media account gone quiet — despite gaining 500,000 new followers since his arrest.

READ MORE: Aussie woman's bank account drained after meeting man on dating site

In a handwritten letter to the judge in September — the only direct word from him since his arrest — Abbas detailed his two years in detention.

"Since I have been incarcerated, I have had enough time to reflect on the past and I regret letting greed ruin the good name of my family, my blessing and my name," he wrote.

On social media, where Abbas had posted videos of himself tossing wads of cash like confetti, he referred to himself as a real estate developer. But federal investigators said he financed his extravagant lifestyle through online hacking schemes that netted more than $37 million.

READ MORE: Robin was never an Optus customer, how did she become a hack victim?

His targets included a US law firm, a foreign bank and an unnamed British professional soccer club, among others, according to a federal sentencing memorandum from the US Attorney's Office in the Central District of California.

"Money laundering and business email compromise scams are a massive international crime problem, and we will continue to work with our law enforcement and international partners to identify and prosecute those involved, wherever they may be," said Martin Estrada, a United States attorney.

His letter to the judge detailed some scams

Abbas' September letter to Judge Wright detailed how his co-conspirators reached out to him to pinpoint businesses to scam or request banking information to transfer fraudulently obtained funds.

His alleged cyber crimes involved jaw-dropping amounts of money.

Federal documents detailed how Abbas and a co-conspirator "fraudulently induced" a New York law firm to wire nearly $1.4 million meant for a client's real estate refinancing to a bank account they controlled. A paralegal at the firm received fraudulent wire instructions after sending an email to what appeared to be a legitimate bank email address but was later identified as a "spoofed" address.

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In such a business email compromise scam, criminals mimic an email message or website to make their communication appear like it's from a known source making a request such as a money transfer.

Abbas also confessed to a conspiracy to defraud a Qatari businessman of more than $1.5 million.

"The defendants allegedly faked the financing of a Qatari school by playing the roles of bank officials and creating a bogus website in a scheme that also bribed a foreign official to keep the elaborate pretense going after the victim was tipped off," acting United States Attorney Tracy L. Wilkison said in a statement last year.

Since his arrest, Abbas said, he's had time to reflect on his mistakes.

"Your honor, I make no excuse for my actions and I take full responsibility for what I've done," he wrote in his letter. "If I could turn back the hand of time, I would make an entirely different decision and be more careful in the choices and friends I make."

One of his co-conspirators pleaded guilty in November 2020 to one count of conspiracy to engage in money laundering. He is also serving 11 years in federal prison and has to pay more than $46 million in restitution.

Social media account 'treasure trove' of information

Federal investigators have described Abbas as a prolific money launderer who leveraged his social media platform to gain notoriety and brag about his wealth.

A Nigerian national based in Dubai, Abbas made no secret of his opulent lifestyle. Before his arrest, he called himself the "Billionaire Gucci Master" on Snapchat.

"Started out my day having sushi down at Nobu in Monte Carlo, Monaco, then decided to book a helicopter to have … facials at the Christian Dior spa in Paris then ended my day having champagne in Gucci," he wrote in a photo caption on Instagram in 2020.

Photos of him posing with multiple models of Bentley, Ferrari, Mercedes Benz and Rolls-Royce cars included the hashtag #AllMine. Others showed him rubbing elbows with international sports stars and other celebrities.

In a 2020 affidavit, federal officials detailed how his social media accounts provided details needed to confirm his identity.

The registration and account security information associated with his Instagram profile, for example, included an email address and phone number. Federal officials accessed that information and were able to link the email and phone number to financial transactions and transfers with people the FBI believed were his co-conspirators.

Even Abbas' Instagram birthday party photos helped the investigation.

One such post displayed a birthday cake topped with a Fendi logo and a miniature image of Abbas surrounded by tiny shopping bags. Investigators used that post to verify the date of birth he had used on a previous US visa application.

In June 2020, United Arab Emirates investigators swooped into Abbas' apartment at the exclusive Palazzo Versace resort in Dubai, arrested him and handed him over to FBI agents.

Investigators at the scene seized nearly $63 million, 13 luxury cars worth $10.4 million and phone and computer evidence including the email addresses of nearly 2 million possible victims, Dubai Police said in a statement.

"Thank you, Lord, for the many blessings in my life. Continue to shame those waiting for me to be shamed," Abbas captioned an Instagram picture of a Rolls-Royce just two weeks before his dramatic arrest.

The account has since been taken down.

Italian authorities today announced the extraordinary discovery of 2000-year-old bronze statues in an ancient Tuscan thermal spring and said the find will “rewrite history” about the transition from the Etruscan civilisation to the Roman Empire.

The discovery, in the sacred baths of the San Casciano dei Bagni archaeological dig near Siena, is one of the most significant ever in the Mediterranean and certainly the most important since the 1972 underwater discovery of the famed Riace bronze warriors, said Massimo Osanna, the Culture Ministry's director of museums.

Thanks to the mud that protected them, the two-dozen figurines and other bronze objects were found in a perfect state of conservation, bearing delicate facial features, inscriptions and rippled tunics.

READ MORE: Robin had never been with Optus, so how did she get hacked?

Alongside the figures were 5000 coins in gold, silver and bronze, the ministry said.

As evidence of the importance of the find, the ministry announced the construction of a new museum in the area to house the antiquities.

Jacopo Tabolli, who coordinated the dig for the University for Foreigners in Siena, said the discovery was significant because it sheds new light on the end of the Etruscan civilisation and the expansion of the Roman Empire in today's central Italy between the 2nd and 1st centuries BC.

The period was marked by wars and conflicts across what is today’s Tuscany, Umbria and Lazio regions, and yet, the bronze statues show evidence that Etruscan and Roman families prayed together to deities in the sacred sanctuary of the thermal springs.

The statues, including depictions of Apollo and Igea, the ancient Greek god and goddess of health, bear both Etruscan and Latin inscriptions.

“While there were social and civil wars being fought outside the sanctuary … inside the sanctuary the great elite Etruscan and Roman families prayed together in a context of peace surrounded by conflict,” Tabolli said.

“This possibility to rewrite the relationship and dialectic between the Etruscan and Romans is an exceptional opportunity.”

Some of the two dozen bronzes are entire human-like figures of deities, while others are of individual body parts and organs which would have been offered up as votive offerings to the gods for intervention for medical cures via the thermal waters, the ministry said in a statement.

“This is almost an X-ray of the human insides from the lungs to the intestines,” said Osanna, gesturing to a lung at the restoration laboratory where the bronzes are being treated.

"There are ears and other anatomical parts like hands. So, all these things that curative waters and the intervention of the divinities would have been able to save.”

READ MORE: Creepy historical finds from around the world

The find represents the largest deposit of bronzes from this era in Italy, notable also because most surviving antiquities from the period are primarily in terracotta, the ministry said.

“It's a discovery that will rewrite history,” Tabolli said in a statement.

The discovery comes 50 years after the Riace bronze warriors were found by a recreational diver in the waters off southern Calabria and went onto become one of Italy's most spectacular archaeological finds.

The 5th century bronzes, currently on display at the national archaeological museum in Reggio Calabria, feature two naked life-sized and life-like Greek warriors, with rippled muscles and intricate, curly beards.

Republicans have the momentum going into Election Day overnight and today in the US, with high hopes of winning back the House.

The Senate will be decided by a handful of close races. If the GOP takes one or both chambers, they will be in a position to kill Biden's domestic legislative agenda.

Still, they'll struggle to get policies past the president's veto, which requires a two-thirds majority to override.

The next two years could see America run by a divided government, with angry standoffs, financial showdowns and partisan investigations.

LIVE UPDATES: The latest updates on the crucial elections across America

What is happening on Tuesday?

In the House, all 435 seats are up for grabs, where lawmakers serve two-year terms. Democrats currently narrowly control the chamber, but Republicans need only a net gain of five seats to take the majority.

In the 100-seat Senate, a total of 35 seats are being contested. The chamber where incumbents serve for six years is split 50-50, and Democrats currently have control since Vice President Kamala Harris wields a tie-breaking vote. But Republicans only require a net gain of a single seat to take control.

There are also a number of other races to watch, including 36 governorship contests, and many more lower positions. Races for state-level Secretaries of State have taken on extra significance this year, since they control state elections —including the 2024 presidential race.

There are also elections for state legislatures and ballot initiatives on issues including access to abortion, changes to voting systems, gun control measures and the legalisation of marijuana for recreation.

READ MORE: Single ticket claims massive $3 billion lotto jackpot

What's at stake?

At every election, candidates tell voters that this is the most critical election of their lifetimes. This time they may be right.

A Republican wave would sweep in scores of candidates who swear by ex-President Donald Trump's false claims that the 2020 election was stolen.

The former President would likely weaponise a Republican-controlled House against Biden ahead of the 2024 presidential vote; Representative Kevin McCarthy – who would likely become Republican Speaker if Republicans win – has not ruled out impeaching Biden, despite the absence of any evidence that he's committed an impeachable offense.

A surprise Democratic victory would allow Biden to build upon his social, health, and climate change legislation, and to balance out the judiciary with liberal judges after four years of Trump's conservative picks.

READ MORE: Russian oligarch appears to admit to US election interference

What issues will decide the election?

The cliché, "It's the economy, stupid," which dates to Bill Clinton's 1992 presidential campaign, is everywhere this election season. But it should be, "It's inflation, stupid." The US cost of living is at a 40-year-high, putting voters in a disgruntled mood. High gasoline prices haven't helped either, and the sense of post-pandemic normality that Biden promised remains elusive.

The President has struggled to frame the economic challenges into a strong political message or to give voters any confidence that prices will fall soon. Some Democrats are now asking whether their candidates ignored the true concerns of voters by spending so much time arguing that Republicans would destroy US democracy.

Democrats had hoped that the conservative Supreme Court's overturning of the right to an abortion would cause a backlash against the GOP. This could play out in some areas — but the economy has repeatedly been the dominant concern of voters in polling ahead of Election Day.

READ MORE: Donald Trump strongly hints at 2024 presidential bid

Republicans haven't had to work too hard – their strategy has just been to blame Biden for everything – even though inflation is being driven mostly by outside factors like the pandemic and the war in Ukraine.

They've also branded Democratic positions on education, crime, and immigration as extreme and far left of the mainstream.

What to watch for on Election Night

House bellwethers: The best way to watch results roll in is to pick a few bellwether races that will give a sense of where the election is headed. If Republicans start winning big in suburban areas and House districts where Biden was far more popular than Trump in 2020, it's a good bet they are heading for a banner night.

Given the narrow margin in the House, Republicans could effectively win the majority by sweeping contested seats in a state like New York alone. One fateful battle is in a new seat created from the post-Census reapportionment – Colorado's Eighth Congressional District; if Republicans win, they are on a roll.

Another tight race is in Virginia's 7th District, where former CIA officer and Democratic Representative Abigail Spanberger is trying to win re-election against a Trumpy conservative, Republican Yesli Vega.

If Democrats can hold on in this redrawn district, which became more favorable for them in redistricting, it won't mean they'll win the House, but it could signal they keep the GOP surge below landslide levels. Spanberger, one of Democrats' strongest incumbents, hasn't hesitated to criticise the president or her party.

And keep an eye on Michigan's Seventh District, where another former CIA employee and Democratic Representative Elissa Slotkin is running for reelection. Slotkin is a moderate who distanced herself from soaring progressive policies and criticised her party for not doing more to address the economic pain Americans face.

Senate battlegrounds: In the Senate, keep an eye on neck-and-neck battles in Pennsylvania, Arizona, Nevada, and Georgia. If Democratic Senator Maggie Hassan loses her reelection bid in New Hampshire, it's a sure sign it's the GOP's night.

Pennsylvania represents the best chance for Democrats to pick up a Republican-held seat, but their candidate John Fetterman had a stroke just before winning the party nomination in May.

Even off the campaign trail over the summer, Fetterman had the upper hand against his Republican challenger, but the pair's recent debate opened up new questions about how the lingering effects of the stroke on the Democratic nominee.

Republicans are trying to win Democratic-held seats in Arizona, Nevada, and Georgia. If neither candidate in Georgia gets 50 per cent of the vote, there will be a run-off in December, meaning uncertainty over who runs the Senate for the next two years could linger for weeks.

What the election means for American democracy

This is the first national election since the cataclysm of 2020 when Trump refused to admit defeat and tried to stay in power.

Biden took office two weeks later with a message of healing and national unity. But his vision that America's better angels could bring a polarized country together has fizzled.

Trump still won't admit he lost, and is using the lie that he was forced illegally from power to catapult an expected bid for reelection. Millions of Americans believe him, creating intensity among core supporters that could sweep the GOP back to power in Congress.

One key development to watch Tuesday is whether Republicans who lose their races concede, or like Trump insist they won and cite non-existent ballot irregularities.

Another source of tension will arise in races where it appears Republicans are leading vote counts until large batches of early and mail-in ballots are tabulated all at once. Trump used such a scenario to falsely cast doubts on the integrity of the 2020 election.

What happens if the Republican Party wins power?

We don't need to guess. The GOP is already telling us it will make life miserable for Biden and try to destroy his hopes of reelection.

McCarthy told CNN in an exclusive interview that he plans to subject the White House to a blistering round of investigations on everything from the origins of COVID-19 to the withdrawal from Afghanistan.

The GOP also plans to target Biden's son Hunter over his business dealings, and will seek to discredit and disrupt the FBI and Justice Department investigations into Trump.

In the Senate, a Republican majority would make it extraordinarily difficult for Biden to confirm cabinet appointments, key officials foreign ambassadors and judges. Expect a period of acrimonious standoffs over budgets and the US government's borrowing limit – a crisis that could send the global economy into deeper turmoil.

What does this election mean for Biden?

History shows that newly elected presidents almost always face a backlash in the midterm elections two years later. That's why they jam top legislative priorities into the start of their term.

If Democrats don't do as badly as some fear, Biden will get a boost as he contemplates whether to run for reelection. If Republicans win big, fresh questions will arise over his prospects in 2024.The president will be 80 in a few weeks — an occasion to celebrate, but also an unwanted reminder of his own political liabilities.

It's not all dark for the president, though. His two Democratic predecessors Bill Clinton and Barack Obama suffered debilitating rebukes from voters in the midterms, but recovered to win easy reelection two years later. The question is whether Biden has the energy and political dexterity to use what would be an extreme Republican Congress as a foil.

What does this election mean for Trump?

The former president has made the midterms a test of loyalty for Republicans, who have had to pay for his endorsement by amplifying his false claims of election fraud in 2020. GOP leaders would have preferred that Trump stay out of the election entirely – but that's not how he rolls.

Trump was instrumental in his party losing the House in 2018 and the Senate and the White House in 2020, and it's possible he will again be a spoiler since the protégés he picked in Pennsylvania, Georgia, and Ohio have big liabilities as candidates.

If Republicans do well on Tuesday night, Trump will take the credit. If they don't meet expectations, he will blame everybody else.

Either way, the ex-President seems certain to run again in 2024 – a campaign that could trigger a political meltdown since there's a chance he'll be indicted over his hoarding of classified documents or over his malfeasance after the 2020 election.

But here's the bottom line. A Republican win Tuesday, especially in the House, means that two years after he left in disgrace – Trumpism is back in power.

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