NSW Courts Articles

NSW Barrister Struck Off for Tax Avoidance

On 11 October 2012, the NSW Bar Association attached eleven financial management and reporting conditions upon the practising certificate of a NSW barrister to ensure he met his obligations to submit business activity statements and tax returns with the Australian Tax Office. These conditions continued to apply to his practising certificates up until the year… Read more »

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Confos v DPP: Balancing Competing Interests When Determining Mental Health Applications

By Paul Gregoire and Ugur Nedim At an intersection in Sydney city on 11 October 2003, Anthony Confos sounded his horn to indicate that the taxi driver pulled up in front of him should proceed. But as the taxi remained stationary, Confos drove up beside it, and commenced hurling abuse and gesturing towards the driver…. Read more »

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Section 20BQ Applications: Mental Health at Time of Hearing is Relevant, Not When the Alleged Offence Occurred

By Paul Gregoire and Ugur Nedim Abdelaziz Ali Mahamat-Abdelgader arrived in Australia seeking asylum in June 2012. The citizen of the African nation of Chad was refused immigration clearance at the airport, taken into immigration custody and transferred to Sydney’s Villawood Immigration Detention Centre. Abdelgader applied for a protection visa. He claimed refugee status on… Read more »

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Questions Remain After Judge Corrects Sentencing Error for Manslaughter of Transgender Woman

By Paul Gregoire and Ugur Nedim On the afternoon of 20 September 2019, 31-year-old RAAF corporal Rian Toyer became aware that Mhelody Bruno was continuing to use Grindr, despite the pair having met on the app three weeks prior and been in an intimate relationship ever since. The pair argued. Toyer removed Bruno’s belongings from… Read more »

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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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