Posts Categorized: Criminal Law

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 »

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

Transgender manslaughter

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 »

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

NSW Police Emblem

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 »

Australian Defamation Laws and Porters Advantage in their Delayed Reform

Christian Porter

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 »

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

Scott Morrison and Christian Porter

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 »

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

Vagrant

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 »