NSW Courts Articles

The NSW Domestic Violence Offence of Non-Fatal Strangulation

By Paul Gregoire and Ugur Nedim Victim Support ACT revealed last month that there’s been a rise in reports of domestic and family violence in the capital territory during the COVID-19 pandemic, which had translated to a 130 percent increase in reported incidents in June, compared with the same period last year. This has included… Read more »

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NSW Lawyer Struck Off for Misappropriating Trust Money

By Paul Gregoire and Ugur Nedim According to section 302(1)(f) of the Legal Profession Uniform Law (NSW), if a lawyer is found guilty of “unsatisfactory professional conduct or professional misconduct”, the NSW Civil and Administrative Tribunal (NCAT) can recommend that their name be removed from the roll of lawyers. The NSW Supreme Court maintains the… Read more »

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New Rules for Mental Health Orders in NSW

By Paul Gregoire and Ugur Nedim NSW parliament has just passed a bill that overhauls the way the court system deals defendants found to have a mental health or a cognitive impairment and subsequently have their charges dropped, along with an order imposed that requires them to undergo treatment. The Mental Health and Cognitive Impairment… Read more »

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How Is a ‘Form 1’ Used During a Sentencing Hearing in New South Wales?

By Paul Gregoire and Ugur Nedim Stuart McKinnon was arrested on 2 May 2018. The NSW resident was taken into police custody in relation to two instances of drug supply that occurred in March 2017. These involved his having organised the handover of drugs via a third party and receiving the accompanying payment himself. McKinnon… Read more »

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Guilty Plea Overturned Due to Criminal Defence Lawyer’s “Seriously Flawed” Advice

Daniel Foran was working as security at Pyrmont’s Harlequin Hotel in the early hours of 21 June last year, when he was required to remove a patron from the establishment. After the inebriated man swung at him several times, Foran punched him, causing the customer to fall to the ground. Following the removal of the… Read more »

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Facebook Administrators Are Liable for Defamatory Comments Posted By Users

By Paul Gregoire and Ugur Nedim Former Don Dale Youth Detention Centre detainee Dylan Voller was successful in a case brought against three of Australia’s largest media organisations last year. The First Nations man claimed the companies, as publishers, were liable for comments third parties posted on their Facebook pages. Voller’s mistreatment and brutalisation at… Read more »

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