NSW Courts Articles

Criminal Negligence and Breach of Duty of Care in New South Wales

By Paul Gregoire and Ugur Nedim Ted Stone was totally blind, partially deaf and in his late sixties, when his sister Fanny, who suffered from mental health issues and anorexia, came to stay with him. Living in 1970s England, Stone was already sharing his home with his partner Gwendolyn Dobinson and his disabled son. Whilst… Read more »

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Watchdog Finds that Police Harassment of Lawyer Was “Serious Misconduct”, But Does Not Recommend Dismissal

By Paul Gregoire and Ugur Nedim A northern New South Wales lawyer thought it strange when a NSW police vehicle with two male officers drove past his suburban home at 6.30 am on 28 May 2019. This was firstly because there was no reason for them to be there at that time and, secondly, because they… Read more »

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Australian Defamation Laws and Porters Advantage in their Delayed Reform

By Paul Gregoire and Ugur Nedim The Council of Attorney-Generals (CAG) agreed to a set of national uniform defamation laws across all states and territories in November 2004. These provisions were prepared by the Australasian Parliamentary Counsel’s Committee, with every state and territory adopting them in 2006. “Thirteen years later and I think it is… Read more »

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The Rule of Law: A Principle for Coalition Ministers to Flout and Undermine

By Paul Gregoire and Ugur Nedim The last fortnight has seen the most senior Morrison government ministers waving about the rule of law as if this principle, underpinning our nation’s legal system, is a kind of cure-all that instantly counters any suggestions of illegal or corrupt behaviour on their part. Queensland University professor Geoffrey Walker… Read more »

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Policing the Poor: The History of Vagrancy Laws and the Criminalisation of Homelessness

By Paul Gregoire and Ugur Nedim Prior to the unfolding of the colonial project in Australia, the British legal system enacted laws to govern the working poor. This framework consisted of vagrancy laws, master and servant laws, which upheld the power of employers, and poor laws that provided state charity. According to Swinburne University lecturer… Read more »

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NSW Drink and Drug Driving Laws and Penalties Part 2: Drug Driving and the Combined Drink and Drug Driving

By Paul Gregoire and Ugur Nedim The Berejiklian government launched the NSW Road Safety Plan 2021 in early 2018. It aims to reduce the road fatality rate in this state to 30 percent below the levels seen in 2008 through to 2010. A number of bills have been passed since the launch of the program… Read more »

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NSW Court of Criminal Appeal Court Reduces “Crushing” Sentence of Convicted Fraudster

By Paul Gregoire and Ugur Nedim A Ponzi scheme is a type of fraud whereby a person who claims to be a successful investor lures victims into providing their funds for false business ventures. As the original investors spread the word about their above-market returns, they attract new investors whose funds are then used to… Read more »

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A Rundown of the NSW Ministerial Code of Conduct

By Paul Gregoire and Ugur Nedim NSW government ministers are required to “pursue and be seen to pursue the best interests of the people” of this state to “the exclusion of any other interest”, the preamble to the NSW Ministerial Code of Conduct asserts in its first paragraph. The current code was enacted in September… Read more »

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NSW Magistrates and Judges Need to Rebuild Public Trust, Chief Justice Bathurst asserts

By Paul Gregoire and Ugur Nedim Long gone are the days when the public was expected to blindly trust institutions. Over recent years, there has been a marked decline in trust especially in public organisations. And this has gotten to the point where these entities need to question how they can build trust in the… Read more »

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