NSW Courts Articles

A Prosecutor’s Duty of Disclosure in the NSW Local Court

Legal Aid NSW solicitor Tim McKenzie emailed Wollongong police senior sergeant Ryan on 4 April 2019 to remind the most senior police prosecutor at the local station about the duty of disclosure requirements that prosecutors in NSW Local Courts must adhere to. The prosecution in general must follow a duty of disclosure when undertaking a… Read more »

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High Court Finds Media Organisations Are Liable for Third Party Comments

By Paul Gregoire and Ugur Nedim Dylan Voller came to national attention after footage of the abuse he suffered at the hands of youth justice officers at Darwin’s Don Dale Youth Justice Detention Centre were aired by the ABC in mid-2016. The public outcry in relation to the abusive practices being meted out upon children… Read more »

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The Offence of Contempt of Court in New South Wales

By Paul Gregoire and Ugur Nedim Kangaroo Court of Australia blogger Shane Dowling was sentenced to a term of imprisonment after being found guilty of the common law offence of contempt of court. The serial contempt offender was given ten months inside to act as a deterrence to him and other would-be contemners. NSW Supreme… Read more »

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The NSW Public Health Orders Governing COVID-19 Restrictions

By Paul Gregoire and Ugur Nedim Originally issued on 10 June, Public Health (COVID-19 Self-Isolation) Order (No 2) 2021 was amended by NSW health minister Brad Hazzard on 21 August, so that it now contains section 6A, which involves responding to police requests about who is in a “COVID-19 risk premises”. Containing three subsections, section… Read more »

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What Is the Implied Right to Freedom of Political Communication in Australia?

By Paul Gregoire and Ugur Nedim The issue of rights has been front and centre over the last few months, as the outbreak of the COVID-19 Delta variant has resulted in state governments ordering populations into lockdown to prevent its spread, which some citizens assert is an infringement upon their basic freedoms. Yet, rights guarantees… Read more »

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The NSW Laws Relating to Unlawful Assemblies

By Paul Gregoire and Ugur Nedim The huge Sydney anti-lockdown rally on 24 July was classed as an unlawful assembly. The NSW Police Force had rejected an application to hold the march, which contravened stay-at-home orders designed to stop the spread of the COVID-19 Delta variant. At the time of the demonstration, Public Health (COVID-19 Additional… Read more »

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High Court Rules Lockdown Restrictions Are Constitutional

By Paul Gregoire and Ugur Nedim The highest court in the land ruled that lockdown restrictions do not contravene the Australian constitution. Then Victorian health minister Jenny Mikakos declared a state of emergency on 16 March 2020, in relation to the outbreak of the COVID-19 virus. This measure works to invoke emergency powers to be… Read more »

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As the Legal Sector Swells, Women Now Make Up the Majority of Australian Solicitors

By Paul Gregoire and Ugur Nedim Not only have the numbers working within the Australian legal profession continued to increase over the last decade to the point that they’ve reached an all-time high, but the sector – once the domain of men – now has a majority of women working within its ranks. Released on… Read more »

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Prosecution Must Exclude Any Reasonable Hypothesis Consistent with Innocence in Circumstantial Cases

By Paul Gregoire and Ugur Nedim Just after 9 pm on 30 December 2016, some teenagers appeared on the balcony of a Pennant Hills unit occupied by Simon Krisenthal and Mark Wordsworth. The teens entered via a staircase leading up from a back street, Pennicook Lane, to the second floor apartment that sits above a… Read more »

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