What’s in a name? Plenty if you ask the two footwear companies engaged in a David vs Goliath legal battle over the name ‘Ugg’. One of the businesses heading to court in the United States is a small Sydney manufacturing company that has been making Ugg boots since the early 1990s. It’s opponent is giant… Read more »
Posts Categorized: NSW Courts
Husband Gets Payout After Wife Refuses to Settle
Despite the sums of money involved in this case, it is not a story about a famous actor, sports star or wealthy statesperson. It is about an ordinary English couple whose relationship breakup has just cost the woman £200,000. And although it didn’t happen in NSW, it sends a warning that greed can have serious… Read more »
Woman Steals Handbag After Convincing Judge of Her Good Character
Every now and again, a story turns up in the media you just couldn’t make up, no matter how hard you tried. This one involves an Illawarra woman who allegedly stole the prosecutor’s handbag from Wollongong District Courthouse, in full view of CCTV, only moments after she conducted an ‘award winning performance’ to convince the… Read more »
Winning Difficult Bail Applications
A recent Commonwealth case has provided some guidance on meeting stringent bail tests in serious cases. The applicant, a 16-year-old boy known as ‘NK’, was charged under section 102.6 of the Criminal Code Act (Cwth) with ‘funding a terrorist organisation’; an offence which carries a maximum penalty of 25 years imprisonment and triggers a “rebuttal… Read more »
Legal Aid Struggling to Help Family Violence Victims
National Legal Aid Chair Suzan Cox QC believes new domestic violence figures highlight the importance of a strong legal aid service to help those unable to afford private legal representation, especially in family law cases. “The data shows that underfunded legal aid commissions are confronting high numbers of disintegrating low-income families who are wrestling with… Read more »
Mandatory Pre-Trial Defence Disclosures: Removing Legal Protections
The Criminal Procedure Amendment (Mandatory Pre-trial Defence Disclosure) Bill was introduced by the NSW government in 2013, and passed by both houses of Parliament. It is embodied in Part 3, Division 3 of the Criminal Procedure Act (‘the Act’) which essentially requires the prosecution and defence in District or Supreme Court criminal trial proceedings to serve… Read more »
The Resurgence of Public Shaming
A man in the United States city of Liberty, Ohio has received an unusual punishment for attempting to steal a 52 inch television. Greg Davenport pleaded ‘no contest’ to the charge and was given the option between thirty days in prison and walking ten 8-hour days with a sign that says, “I am a thief-… Read more »
Anti-Protest Laws: Sending People to Court for Expressing an Opinion
By Andrew Knezevic The ability to peacefully protest is a democratic freedom that has been enjoyed by Australians for many decades, historically protected by the common law. However, an announcement last month by NSW Premier Mike Baird means the right to protest is severely under threat. Civil libertarian groups are especially concerned about the ability to… Read more »
History of the NSW Court System
Today, there are 132 Magistrates and over 100 courthouses across NSW. With a range of jurisdictions including Local Courts, District courts, Supreme courts and the Court of Criminal Appeal, the NSW court system is complex and far more sophisticated than it once was. The Early Magistrates It was 1788 when the first Magistrates in Australia… Read more »
Penalties in the Children’s Court
If a person under the age of 18 is guilty of a criminal offence in NSW, there are a range of different penalties that can apply. For children, there is a greater emphasis on the need for rehabilitation – and greater scope for matters to be dealt with outside the courtroom altogether. Although there are… Read more »