Posts Categorized: Criminal Law

Turnbull Government to Water Down Native Title Laws

aboriginal-land

By Paul Gregoire and Ugur Nedim Australian attorney-general George Brandis rushed a bill through the House of Representatives on February 16 to amend native title laws. If passed by the Senate, it will reverse the impact that a recent Federal Court ruling will have on past and future Indigenous land use agreements (ILUAs). The Noongar native title… Read more »

Gordon Wood Sues NSW Government

thegap-sydney

By Zeb Holmes and Ugur Nedim Several years after being acquitted of murdering his girlfriend Caroline Byrne, Gordon Wood has commenced civil proceedings against the State of New South Wales, seeking $17.8 million in damages for malicious prosecution and false imprisonment. The case In a famous miscarriage of justice, Mr Wood spent more than three… Read more »

Federal Court Invalidates Landmark Native Title Agreement

Aboriginal flag

On February 2 of this year, the Federal Court ruled that the largest native title settlement in Australian history was void. The Noongar native title settlement was worth $1.3 billion dollars. The court’s decision may have widespread implications for both past and future agreements. The settlement between the Western Australian government and the Noongar traditional… Read more »

Supreme Court Slams Controversial Magistrate

Magistrate-Prowse

By Paul Gregoire and Ugur Nedim Controversial Magistrate Roger Prowse is at it again. As discussed in a previous blog, the Local Court magistrate caused a stir in May 2015, when he accused a police office of contempt and called a halt to proceedings against a man charged with common assault. On that occasion, defendant Tony Rugari… Read more »

NSW Court Rules that Eavesdropping Evidence is Admissible

NSW-Courts

By Paul Gregoire and Ugur Nedim Czaba “Chubby” Magyari ran a well-organised drug syndicate selling large quantities of heroin and cocaine. The Hungarian national lived in a Drummoyne unit and had a premises in Bexley North he ran as a drug safe house. His groups was comprised of seven members – his ex-girlfriend Lilla Toemoeskoezy, who… Read more »

Competence and Compellability of Witnesses

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It is integral to our justice system that parties be able to require the attendance of witnesses at court to answer questions. A party, such as the defence or prosecution, will normally require the attendance of a witness by issuing them with a subpoena to ‘give evidence’ (ie testify). Failure to attend can result in… Read more »

Eddie Obeid: from mansion to prison cell

Prison-cell

By Ugur Nedim and Sonia Hickey Eddie Obeid looked solemn and downcast as he learned his fate in the NSW Supreme Court in Sydney. The 73- year old former Labor Party kingpin has spent his first night behind bars at Silverwater Metropolitan Remand and Reception Centre, but is likely to eventually be transferred to Long… Read more »