NSW Courts Articles

A Magistrate Who Refuses a Mental Health Application Can Hear a Subsequent One

By Paul Gregoire and Ugur Nedim Sydney solicitor Danny Eid requested in email to the New South Wales Local Court registry in October 2022, that Magistrate Hugh Donnelly “not preside” over a secondary application as the judicial member had already dealt with the hearing of a mental health application in respect of a client.  The… Read more »

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Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy?

By Paul Gregoire and Ugur Nedim When a gossip columnist for a prominent Australian masthead was made aware that a leading local star with global reach was gay, he gave her a heads up and requested comment, prior to exposing her secret, and when she then pipped him to the post, he felt entitled to publicly… Read more »

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Supreme Courts Rules COVID Fines Invalid as the Penalty Notices Did Not Specify the Offence

By Paul Gregoire and Ugur Nedim The overbearing law enforcement approach to the COVID pandemic, which had a focus on criminalising those who didn’t follow health restrictions, via the widespread imposition of draconian fines that were issued seemingly with no discretion and in the most absurd of circumstances. Following the passing of the pandemic, as… Read more »

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Young Man Acquitted of Murder, After Key Witness Exposed as a Police Informant

By Paul Gregoire and Ugur Nedim In the early hours of 21 April 2008, a series of altercations between two groups of young men and youths in the vicinity of Granville railway station took place. One group, described as being of “Islander appearance”, included Edward Spowart and Firoz Mohammed, while the other, said to be… Read more »

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Prosecution Must Prove Date of Alleged Criminal Offence

By Paul Gregoire and Ugur Nedim In February 2019, a then 15-year-old girl began karate classes taught by NSW instructor Mark Passmore for “about three weeks” commencing on the 4th of that month. The teen complained to NSW police on the 19th, that the then 66-year-old man had made an indecent comment to her. During… Read more »

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Rights Commission on How an Australian Human Rights Act Should Operate

By Paul Gregoire and Ugur Nedim Australia is the only liberal democracy that doesn’t have a national act or charter enshrining and protecting basic human rights in domestic law, which means that while our government has agreed to uphold such rights at the international level, it has made no such commitment to its citizens. The… Read more »

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What is a Conspiracy in New South Wales Criminal Law?

By Paul Gregoire and Ugur Nedim Emmanuel Rubasha and Obed Guise were in Bankstown on the evening of 20 November 2019, waiting for Jesse Curuenavuli to pick them up in his mother’s car. Travelling with Curuenavuli were two others, Brooke Mohi and Albert Nitiva. The trio travelling in the car collided with another in Bankstown,… Read more »

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Police Cannot Enter Private Land Without a Warrant If Prohibited by a Trespass Sign

By Paul Gregoire and Ugur Nedim Along with senior constable Rankin, then NSW police acting sergeant Fahey attended a NSW Northern Rivers region property at Warrazambil Creek on 24 August 2021, in relation to an email detective inspector Greenwood received suggesting a potential illegal gathering may take place. The legality of the gathering or possible… Read more »

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