Posts By: NSW Courts

NSW Barrister Struck Off for Tax Avoidance

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 »

New Laws Relating to Offences Against Pregnant Women in NSW

Pregnant

By Paul Gregoire and Ugur Nedim The decade-long debate in NSW around foetal personhood laws continues as NSW premier Gladys Berejiklian and attorney general Mark Speakman have released exposure draft legislation seeking to establish a circumstance of aggravation for criminal offences perpetrated against pregnant women. Released on 10 November, the draft Crimes Legislation (Offences Against… Read more »

NSW Drug Supply Offences, Deemed Supply and the Overturning of the Clark Principle

Packing cocaine

By Paul Gregoire and Ugur Nedim Alleged leader of a southwest Sydney dial-a-cocaine ring Sarah Rutherford was released on bail on 13 May this year, after being remanded in prison for close to three months, following a late February raid on her Greenacre home, which turned up the illicit substance and drug paraphernalia. The 30-year-old… Read more »

NSW Lawyer Struck Off for Misappropriating Trust Money

Lawyer standing

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 »

The Rules of The Children’s Court in NSW

Tamworth court

Police have charged a 14-year old girl with murder after alleged killing in Northern New South Wales. The teenager, who cannot be named for legal reasons, did not apply for bail and will remain in custody until at least September when her case will be held in the Tamworth Children’s Court. The teenager was charged… Read more »