Posts Categorized: NSW Courts

COVID-19: NSW District Court Comes to a Virtual Standstill

Courts in Sydney Pre-Lockdown

The COVID-19 pandemic has resulted in a range of restrictions being placed upon the conduct of Local Court cases, and the situation until now in the District Court has been that no new jury trials have been set down, or allowed to commence, until further notice. The measures are designed to reduce the prospects of… Read more »

From the Supreme Court Vault: 1889’s Sordid Case of a Marriage Promise Breached

Old marriage

By Paul Gregoire and Ugur Nedim In mid-1879, Sydney bar licensee William Callaghan asked his hotel employee Louisa Maria Tranter to marry him, and she accepted. The proposal came about half a year after Callaghan’s first wife had passed away. In a letter to Ms Tranter dated 19 July 1881, Callaghan wrote, “Do not believe… Read more »

The ‘Coronavirus Effect’ On the NSW Court System

Downing Centre

The impact of Coronavirus has hit the Australian legal system, with announcements in recent days that new criminal trials in Victoria and the Northern Territory will be delayed until further notice. No new jury trials In New South Wales, all new Supreme and District Court jury trials have been suspended until further notice, although existing… Read more »

First Nations People Cannot Be Deported as Aliens, High Court Rules

High court

The majority of the High Court of Australia ruled on 11 February that the First Nations people of this continent cannot be deported as aliens, even if they’re noncitizens, in cases where their Indigeneity can be proven. The decision was based on the tripartite test of Indigeneity established in the landmark 1992 High Court case… Read more »

Adverse Inferences Cannot Be Drawn About a Defendant’s Unchallenged Silence

Interview room

By Paul Gregoire and Ugur Nedim When Carlingford High School chaplain David Hogg parked his car at Miller’s Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at… Read more »

Police Cannot Arrest Individuals Without Intending to Charge Them, High Court Rules

High Court of Australia

By Paul Gregoire and Ugur Nedim The High Court of Australia has recently handed down an important judgment which makes clear that NSW police officers do not have the power to arrest individuals without a warrant if, at the time of the arrest, the officer has no clear intention of charging them with a particular… Read more »