Posts By: NSW Courts

High Court Rules Indefinite Detention of High Risk Offenders Is Constitutional

Court Indefinite Detention

By Paul Gregoire and Ugur Nedim The High Court of Australia has, for the second time in 18 months, ruled in favour of a legal regime that permits indefinite detention. However, unlike its June 2021 ruling, which found that the executive can detain illegal noncitizens without end, last Wednesday’s decision impacts inmates deemed high risk. The case… Read more »

The Offence of Displaying a Nazi Symbol by a Public Act Without Reasonable Excuse

Nazi Symbol

By Paul Gregoire and Ugur Nedim The NSW government last Thursday banned the public display of Nazi symbols, including the Hakenkreuz, the Third Reich’s corruption of the ancient swastika, making this state the second jurisdiction nationally to prohibit the insignia associated with antisemitism, racism and genocide. Introduced in late June, the Crimes Amendment (Prohibition on Display of… Read more »

NSW Barrister Struck Off for Tax Evasion

Australian tax office

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 »

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

Mental Health meeting

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 »

The NSW Local Court Practice Note for Criminal Proceedings Part 3: DV cases, penalty enforcement annulment and the MERIT program

Courts downing

By Paul Gregoire and Ugur Nedim The Local Court Practice Note Crim 1 is a document that sets out how the NSW Local Court organises its proceedings when it comes to trying criminal matters summarily. The practice note was updated on 23 October this year, and this article and those preceding it outline its content…. Read more »