Posts Categorized: Criminal Law

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


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 »

Can I Sue My Lawyer for Negligence? Advocates Immunity in Australia

Lawyer writing

By Paul Gregoire and Ugur Nedim In 1996, Mr D’Orta-Ekenaike was charged with rape. So, the Melbourne man sought legal assistance from Victoria Legal Aid, which subsequently retained the services of a barrister. And despite the accused claiming innocence, this barrister advised him to plead guilty, as he had no defence. D’Orta-Ekenaike then pleaded guilty… Read more »

NSW DPP Prosecuting Guidelines Part 3: Charge Negotiations, Vulnerable and Unrepresented Defendants, Judge-Alone Trials, Jury Selection, Retrials, Proceeds of Crime and the Media

Artworks at Downing Centre

By Paul Gregoire and Ugur Nedim In carrying out its operations, the Office of the Director of Public Prosecutions (ODPP) follows the procedures set out in the ODPP Prosecution Guidelines. This article is the final in a series summarising the processes and principles set out in the document, which govern the independent body that prosecutes… Read more »

NSW DPP Prosecuting Guidelines Part 1: DPP’s Role, The Decision to Prosecute, Elections to Take Over Cases and Advising Police


By Paul Gregoire and Ugur Nedim The NSW Office of the Director of Public Prosecutions (ODPP) is this state’s independent prosecuting body. Established under the Director of Public Prosecutions Act 1986 (NSW) (the DPP Act), the ODPP prosecutes serious offences committed against the laws of this state on behalf of its people. The ODPP is… Read more »